Chinese Firm Is Cleared to Buy American DNA Sequencing Company

Ramin Rahimian for The New York Times

DNA sequencing machines at Complete Genomics in California. The firm dismissed concerns about its acquisition.

The federal government has given national security clearance to the controversial purchase of an American DNA sequencing company by a Chinese firm.

The Chinese firm, BGI-Shenzhen, said in a statement this weekend that its acquisition of Complete Genomics, based in Mountain View, Calif., had been cleared by the federal Committee on Foreign Investment in the United States, which reviews the national security implications of foreign takeovers of American companies. The deal still requires antitrust clearance by the Federal Trade Commission.

Some scientists, politicians and industry executives had said the takeover represented a threat to American competitiveness in DNA sequencing, a technology that is becoming crucial for the development of drugs, diagnostics and improved crops.

The fact that the $117.6 million deal was controversial at all reflects a change in the genomics community.

A decade ago, the Human Genome Project, in which scientists from many nations helped unravel the genetic blueprint of mankind, was celebrated for its spirit of international cooperation. One of the participants in the project was BGI, which was then known as the Beijing Genomics Institute.

But with DNA sequencing now becoming a big business and linchpin of the biotechnology industry, international rivalries and nationalism are starting to move front and center in any acquisition.

Much of the alarm about the deal has been raised by Illumina, a San Diego company that is the market leader in sequencing machines. It has potentially the most to lose from the deal because BGI might buy fewer Illumina products and even become a competitor. Weeks after the BGI deal was announced, Illumina made its own belated bid for Complete Genomics, offering 15 cents a share more than BGI’s bid of $3.15. But Complete Genomics rebuffed Illumina, saying such a merger would never clear antitrust review.

Illumina also hired a Washington lobbyist, the Glover Park Group, to stir up opposition to the deal in Congress. Representative Frank R. Wolf, Republican of Virginia, was the only member of Congress known to have publicly expressed concern.

BGI and Complete Genomics point out that Illumina has long sold its sequencing machines — including a record-setting order of 128 high-end machines — to BGI without raising any security concerns. Sequencing machines have not been subject to export controls like aerospace equipment, lasers, sensors and other gear that can have clear military uses.

“Illumina has never previously considered its business with BGI as ‘sensitive’ in the least,” Ye Yin, the chief operating officer of BGI, said in a November letter to Complete Genomics that was made public in a regulatory filing. In the letter, Illumina was accused of “obvious hypocrisy.”

BGI and Complete said that Illumina was trying to derail the agreement and acquire Complete Genomics itself in order to “eliminate its closest competitor, Complete.”

BGI is already one of the most prolific DNA sequencers in the world, but it buys the sequencing machines it uses from others, mainly Illumina.

Illumina, joined by some American scientists, said it worried that if BGI gained access to Complete’s sequencing technology, the Chinese company might use low prices to undercut the American sequencing companies that now dominate the industry.

Some also said that with Complete Genomics providing an American base, BGI would have access to more DNA samples from Americans, helping it compile a huge database of genetic information that could be used to develop drugs and diagnostic tests. Some also worried about protection of the privacy of genetic information.

“What’s to stop them from mining genomic data of American samples to some unknown nefarious end?” Elaine R. Mardis, co-director of the genome sequencing center at Washington University in St. Louis, said in an e-mail.

Dr. Mardis could not specify what kind of nefarious end she imagined. But opponents of the deal cited a November article in The Atlantic saying that in the future, pathogens could be genetically engineered to attack particular individuals, including the president, based on their DNA sequences.

BGI and Complete Genomics dismissed such concerns as preposterous.

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To Save Wildlife, and Tourism, Kenyans Take Up Arms

ARCHER’S POST, Kenya — Julius Lokinyi was one of the most notorious poachers in this part of Kenya, accused of single-handedly killing as many as 100 elephants and selling the tusks by the side of the road in the dead of night, pumping vast amounts of ivory into a shadowy global underground trade.

But after being hounded, shamed, browbeaten and finally persuaded by his elders, he recently made a remarkable transformation. Elephants, he has come to believe, are actually worth more alive than dead, because of the tourists they attract. So Mr. Lokinyi stopped poaching and joined a grass-roots squad of rangers — essentially a conservation militia — to protect the wildlife he once slaughtered.

Nowadays he gets up at dawn, slurps down a cup of sugary tea, tightens his combat boots and marches off with other villagers, some who had never picked up a gun before and are little more than volunteers, to fight poachers.

“We got to protect the elephants,” said Mr. Lokinyi, whose hooded eyes now glow with the zeal of a convert.

From Tanzania to Cameroon, tens of thousands of elephants are being poached each year, more than at any time in decades, because of Asia’s soaring demand for ivory. Nothing seems to be stopping it, including deploying national armies, and the bullet-riddled carcasses keep stacking up. Scientists say that at this rate, African elephants could soon go the way of the wild American bison.

But in this stretch of northern Kenya, destitute villagers have seized upon an unconventional solution that, if replicated elsewhere, could be the key to saving thousands of elephants across Africa, conservationists say. In a growing number of communities here, people are so eager, even desperate, to protect their wildlife that civilians with no military experience are banding together, grabbing shotguns and G3 assault rifles and risking their lives to confront heavily armed poaching gangs.

It is essentially a militarized neighborhood watch, with loping, 6-foot-6 former herdsmen acting as the block captains, and the block being miles and miles of zebra-studded bush. These citizen-rangers are not doing this out of altruism or some undying love for pachyderms. They do it because in Kenya, perhaps more than just about anywhere else, wildlife means tourists, and tourists mean dollars — a lot of dollars.

It is not unusual here for a floppy-hatted visitor to drop $700 a night to sleep in a tent and absorb the sights, sounds and musky smells of wondrous game. Much of that money is contractually bound to go directly to impoverished local communities, which use it for everything from pumping water to college scholarships, giving them a clear financial stake in preserving wildlife. The safari business is a pillar of the Kenyan economy, generating more than a billion dollars a year and nearly 500,000 jobs: cooks, cleaners, bead-stringers, safari guides, bush pilots, even accountants to tally the proceeds.

Surprisingly, many jobs in the safari industry can pay as much as poaching. Though the ivory trade may seem lucrative, it is often like the Somali pirate business model, with the entry-level hijacker getting just a minuscule cut of the million-dollar ransoms. While a pound of ivory can fetch $1,000 on the streets of Beijing, Mr. Lokinyi, despite his lengthy poaching résumé, was broke, making it easier to lure him out of the business.

Villagers are also turning against poachers because the illegal wildlife trade fuels crime, corruption, instability and intercommunal fighting. Here in northern Kenya, poachers are diversifying into stealing livestock, printing counterfeit money and sometimes holding up tourists. Some are even buying assault rifles used in ethnic conflicts.

The conservation militias are often the only security forces around, so they have become de facto 911 squads, rushing off to all sorts of emergencies in areas too remote for the police to quickly gain access to and often getting into shootouts with poachers and bandits.

“This isn’t just about animals,” said Paul Elkan, a director at the Wildlife Conservation Society, who is trying to set up community ranger squads in South Sudan modeled on the Kenyan template. “It’s about security, conflict reconciliation, even nation building.”

The rangers tend to be hardened and uneducated, drawn from different ethnic groups and the surplus of unemployed youth. Gabriel Lesoipa was a goat herder; Joseph Lopeiyok, a cattle rustler; John Pameri won his coveted spot because he was fast — at the time he was selected, the first entry requirement was a grueling 11-mile race.

Many are considered warriors in their communities, experts in so-called bushcraft from years of grazing cattle and goats across the thorny savanna — and defending them against armed raiders. They can follow faint footprints across long, thirsty distances and instantly intuit when someone has trespassed on their land.

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No. 4 Louisville holds off Kentucky, 80-77

LOUISVILLE, Ky. (AP) — Russ Smith ranked Louisville's 80-77 victory over Kentucky on Saturday as one of the five favorites of his career.

Makes sense, considering he played a key role in ending the No. 4 Cardinals' four-game losing streak against the rival Wildcats.

Smith scored 21 points, including five of Louisville's final 13, along with seven rebounds to help the Cardinals hold off Kentucky in an up-and-down game.

The effort comes nearly a year after he came off the bench to score 30 in the Cardinals' 69-62 loss to the Wildcats in Lexington, one of two defeats last season to their in-state rivals that included last season's national semifinal. Kentucky went on to win its eighth national championship.

"This one probably ranks as one of the top five biggest wins of my life," said the junior guard, whose list includes last season's NCAA regional final, the round of 16 and Louisville's two wins that clinched the Big East Conference championship last March.

"We know where we messed up and we know the mistakes we made, but at the end of the day it's a win. It's not a conference win but it's a great non-conference win. It's a great win for the city. We're actually more happy for our fans than for ourselves. ... I guess revenge is the word, but it feels good beating the team that knocked you out of the Final Four."

Especially since that team, Kentucky, resides about 80 miles east and had recently owned the Battle of the Bluegrass. Louisville now has bragging rights, and Smith had help in getting them for the Cardinals.

Sophomore forward Chane Behanan had 20 points, seven rebounds and three steals, including a steal of Archie Goodwin's pass that led to his dunk with 18 seconds remaining that sealed the victory for Louisville (12-1) before a KFC Yum! Center crowd of 22,810.

"I feel like I could have done better," said Behanan, who had been banned from talking to the media this fall by coach Rick Pitino. "I took a lot of plays off throughout the game. I feel as though I could have gotten a lot more rebounds than I did. In a game like that you just give it your all to win it.

"It was my third time playing them. It just feels good to win, not for me but the city too."

Before fouling out Peyton Siva added 19 points for the Cardinals, who had to withstand several charges from Kentucky.

The Wildcats trailed 51-34 but outscored the Cardinals 28-14 to get within 65-62 before Smith's two baskets keyed an 8-5 run that gave Louisville some breathing room.

The Cardinals won despite four fouls by Smith and center Gorgui Dieng, who returned from a seven-game absence with a broken left wrist. The junior had six points, seven rebounds and two blocks.

"A great win for us because we had to battle a lot of bad foul trouble," Pitino said. "We survived with good plays from Chane and Russ. The offense and defense in the first half was spectacular then we lost our defensive presence in the second half because we were worried about foul trouble."

Goodwin scored 19 of his 22 points in the second half for Kentucky (8-4) and Ryan Harrow added 17 points.

Poor foul shooting hurt the Wildcats' comeback. They shot just 11 of 23 (48 percent) from the line, matching their percentage from the field.

Kentucky trailed 77-74 following a rare four-point play as Goodwin was fouled by Siva as he made a 3-pointer.

Kentucky coach John Calipari didn't call timeout after that, and Goodwin's turnover followed.

"Believe me, I was standing there thinking timeout and didn't call it," Calipari said. "That was the end of the game. I told them this one was on me and hopefully I'll do a better job.

"Stuff like that happens and I take responsibility. They (Louisville) deserved to win. But I didn't give our guys the chance they deserved with the way they played down the stretch."

Louisville also shot 48 percent from the field, but made 17 of 25 from the free throw line to win its seventh straight.

As might be expected from bitter in-state rivals, the early minutes were physical and intense with six ties and five lead changes. There were lineup changes for both teams.

Kentucky started 7-foot freshman Willie Cauley-Stein alongside 6-10 Nerlens Noel for the first time in an effort to establish a post presence against the Cardinals.

The Wildcats' move might have been a pre-emptive one with Louisville expected to start the 6-11 Dieng.

The Cardinals instead started 6-10 Zach Price but Dieng entered the game just 1:43 in and quickly made his presence felt with three rebounds, a block and a dunk that helped give Louisville a 12-10 lead.

Unfortunately for the Cardinals, the junior soon picked up his second foul and was replaced by Montrezl Harrell, who had seven points and four rebounds.

Louisville started 6 of 16 from the field and trailed 18-12, but went on a 13-2 run led by Behanan, who scored six points. He scored 11 points to help give the Cardinals a 36-28 lead at the half.

Kentucky came back behind three 3-pointers each by Kyle Wiltjer (14 points) and Goodwin, who finished 8 of 15 from the field. But Louisville survived because of a defense that forced 15 turnovers leading to 19 points and the end of a frustrating losing streak for the Cardinals and their fans.

"It finally gets the monkey off your back," Siva said. "You can stop thinking about it now and go out and play you don't have to get heckled by fans everywhere you go. For our fans this is like a national championship game. This feels good for them."

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Unboxed: Big Data Is Great, but Don’t Forget Intuition

Andrew McAfee, principal research scientist at the M.I.T. Center for Digital Business, led off the conference by saying that Big Data would be “the next big chapter of our business history.” Next on stage was Erik Brynjolfsson, a professor and director of the M.I.T. center and a co-author of the article with Dr. McAfee. Big Data, said Professor Brynjolfsson, will “replace ideas, paradigms, organizations and ways of thinking about the world.”

These drumroll claims rest on the premise that data like Web-browsing trails, sensor signals, GPS tracking, and social network messages will open the door to measuring and monitoring people and machines as never before. And by setting clever computer algorithms loose on the data troves, you can predict behavior of all kinds: shopping, dating and voting, for example.

The results, according to technologists and business executives, will be a smarter world, with more efficient companies, better-served consumers and superior decisions guided by data and analysis.

I’ve written about what is now being called Big Data a fair bit over the years, and I think it’s a powerful tool and an unstoppable trend. But a year-end column, I thought, might be a time for reflection, questions and qualms about this technology.

The quest to draw useful insights from business measurements is nothing new. Big Data is a descendant of Frederick Winslow Taylor’s “scientific management” of more than a century ago. Taylor’s instrument of measurement was the stopwatch, timing and monitoring a worker’s every movement. Taylor and his acolytes used these time-and-motion studies to redesign work for maximum efficiency. The excesses of this approach would become satirical grist for Charlie Chaplin’s “Modern Times.” The enthusiasm for quantitative methods has waxed and waned ever since.

Big Data proponents point to the Internet for examples of triumphant data businesses, notably Google. But many of the Big Data techniques of math modeling, predictive algorithms and artificial intelligence software were first widely applied on Wall Street.

At the M.I.T. conference, a panel was asked to cite examples of big failures in Big Data. No one could really think of any. Soon after, though, Roberto Rigobon could barely contain himself as he took to the stage. Mr. Rigobon, a professor at M.I.T.’s Sloan School of Management, said that the financial crisis certainly humbled the data hounds. “Hedge funds failed all over the world,” he said.

THE problem is that a math model, like a metaphor, is a simplification. This type of modeling came out of the sciences, where the behavior of particles in a fluid, for example, is predictable according to the laws of physics.

In so many Big Data applications, a math model attaches a crisp number to human behavior, interests and preferences. The peril of that approach, as in finance, was the subject of a recent book by Emanuel Derman, a former quant at Goldman Sachs and now a professor at Columbia University. Its title is “Models. Behaving. Badly.”

Claudia Perlich, chief scientist at Media6Degrees, an online ad-targeting start-up in New York, puts the problem this way: “You can fool yourself with data like you can’t with anything else. I fear a Big Data bubble.”

The bubble that concerns Ms. Perlich is not so much a surge of investment, with new companies forming and then failing in large numbers. That’s capitalism, she says. She is worried about a rush of people calling themselves “data scientists,” doing poor work and giving the field a bad name.

Indeed, Big Data does seem to be facing a work-force bottleneck.

“We can’t grow the skills fast enough,” says Ms. Perlich, who formerly worked for I.B.M. Watson Labs and is an adjunct professor at the Stern School of Business at New York University.

A report last year by the McKinsey Global Institute, the research arm of the consulting firm, projected that the United States needed 140,000 to 190,000 more workers with “deep analytical” expertise and 1.5 million more data-literate managers, whether retrained or hired.

Thomas H. Davenport, a visiting professor at the Harvard Business School, is writing a book called “Keeping Up With the Quants” to help managers cope with the Big Data challenge. A major part of managing Big Data projects, he says, is asking the right questions: How do you define the problem? What data do you need? Where does it come from? What are the assumptions behind the model that the data is fed into? How is the model different from reality?

Society might be well served if the model makers pondered the ethical dimensions of their work as well as studying the math, according to Rachel Schutt, a senior statistician at Google Research.

“Models do not just predict, but they can make things happen,” says Ms. Schutt, who taught a data science course this year at Columbia. “That’s not discussed generally in our field.”

Models can create what data scientists call a behavioral loop. A person feeds in data, which is collected by an algorithm that then presents the user with choices, thus steering behavior.

Consider Facebook. You put personal data on your Facebook page, and Facebook’s software tracks your clicks and your searches on the site. Then, algorithms sift through that data to present you with “friend” suggestions.

Understandably, the increasing use of software that microscopically tracks and monitors online behavior has raised privacy worries. Will Big Data usher in a digital surveillance state, mainly serving corporate interests?

Personally, my bigger concern is that the algorithms that are shaping my digital world are too simple-minded, rather than too smart. That was a theme of a book by Eli Pariser, titled “The Filter Bubble: What the Internet Is Hiding From You.”

It’s encouraging that thoughtful data scientists like Ms. Perlich and Ms. Schutt recognize the limits and shortcomings of the Big Data technology that they are building. Listening to the data is important, they say, but so is experience and intuition. After all, what is intuition at its best but large amounts of data of all kinds filtered through a human brain rather than a math model?

At the M.I.T. conference, Ms. Schutt was asked what makes a good data scientist. Obviously, she replied, the requirements include computer science and math skills, but you also want someone who has a deep, wide-ranging curiosity, is innovative and is guided by experience as well as data.

“I don’t worship the machine,” she said.

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Memphis Aims to Be a Friendlier Place for Cyclists

Lance Murphey for The New York Times

The Shelby Farms Greenline, which replaced a Memphis rail line.

MEMPHIS — John Jordan, a 64-year-old condo appraiser here, has been pedaling his cruiser bicycle around town nearly every day, tooling about at lunchtime or zipping to downtown appointments.

“It’s my cholesterol-lowering device,” said Mr. Jordan, clad in a leather vest and wearing a bright white beard. “The problem is, the city needs to educate motorists to not run over” the bicyclists.

Bike-friendly behavior has never come naturally to Memphis, which has long been among the country’s most perilous places for cyclists. In recent years, though, riders have taken to the streets like never before, spurred by a mayor who has worked to change the way residents think about commuting.

Mayor A. C. Wharton Jr., elected in 2009, assumed office a year after Bicycling magazine named Memphis one of the worst cities in America for cyclists, not the first time the city had received such a biking dishonor. But Mr. Wharton spied an opportunity.

In 2008, Memphis had a mile and a half of bike lanes. There are now about 50 miles of dedicated lanes, and about 160 miles when trails and shared roads are included. The bulk of the nearly $1 million investment came from stimulus money and other federal sources, and Shelby County, which includes Memphis, was recently awarded an additional $4.7 million for bike projects.

In June, federal officials awarded Memphis $15 million to turn part of the steel truss Harahan Bridge, which spans the Mississippi River, into a bike and pedestrian crossing. Scheduled to open in about two years, the $30 million project will link downtown Memphis with West Memphis, Ark.

“We need to make biking part of our DNA,” Mr. Wharton said. “I’m trying to build a city for the people who will be running it 5, 10, 15 years from now. And in a region known to some for rigid thinking, the receptivity has been remarkable.”

City planners are using bike lanes as an economic development tool, setting the stage for new stores and enhanced urban vibrancy, said Kyle Wagenschutz, the city’s bike-pedestrian coordinator, a position the mayor created.

“The cycling advocates have been vocal the past 10 years, but nothing ever happened,” Mr. Wagenschutz said. “It took a change of political will to catalyze the movement.”

Memphis, with a population of 650,000, is often cited among the unhealthiest, most crime-ridden and most auto-centric cities in the country. Investments in bicycling are being viewed here as a way to promote healthy habits, community bonds and greater environmental stewardship.

But as city leaders struggle with a sprawling landscape — Memphis covers about the same amount of land as Dallas, yet has half the population — their persistence has run up against another bedeviling factor: merchants and others who are disgruntled about the lanes.

A clash between merchants and bike advocates flared last year after the mayor announced new bike lanes on Madison Avenue, a commercial artery, that would remove two traffic lanes. Many merchants, like Eric Vernon, who runs the Bar-B-Q Shop, feared that removing car lanes would hurt businesses and cause parking confusion. Mr. Vernon said that sales had not fallen significantly since the bike lanes were installed, but that he thought merchants were left out of the process.

On McLean Boulevard, a narrow residential strip where roadside parking was replaced by bike paths, homeowners cried foul. The city reached a compromise with residents in which parking was outlawed during the day but permitted at night, when fewer cyclists were out. Mr. Wagenschutz called the nocturnal arrangement a “Cinderella lane.”

Some residents, however, were not mollified. “I’m not against bike lanes, but we’re isolated because there’s no place to park,” said Carey Potter, 53, a longtime resident who started a petition to reinstate full-time parking.

The changes have been panned by some members of the City Council. Councilman Jim Strickland went as far as to say that the bike signs that dot the streets add “to the blight of our city.”

Tensions aside, the mayor’s office says that the potential economic ripple effect of bike lanes is proof that they are a sound investment.

A study in 2011 by the University of Massachusetts found that building bike lanes created more jobs — about 11 per $1 million spent — than any other type of road project. Several bike shops here have expanded to accommodate new cyclists, including Midtown Bike Company, which recently moved to a location three times the size of its former one. “The new lanes have been great for business,” said the manager, Daniel Duckworth.

Wanda Rushing, a professor at the University of Memphis and an expert on urban change in the South, said bike improvements were of a piece with a development model sweeping the region: bolstering transportation infrastructure and population density in the inner city.

“Memphis is not alone in acknowledging that sprawl is not sustainable,” Dr. Rushing said. “Economic necessity is a pretty good melding substance.”

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Despite Vows For Safety, Walmart Seen as Obstacle to Change

Abir Abdullah/European Pressphoto Agency

Several of Walmart's suppliers had used the factory in Bangladesh where 112 workers died last month.  More Photos »

When Walmart’s chief executive, Michael Duke, appeared at a Council on Foreign Relations meeting in New York this month, a raucous crowd of protesters awaited him. Walmart was confronting reports of bribery in Mexico, a wave of labor demonstrations in the United States and, perhaps most critically, questions about a grisly fire that had killed 112 workers at a Bangladeshi garment factory used by several Walmart suppliers.

“We will not buy from an unsafe factory,” Mr. Duke told the audience. “If a factory is not going to operate with high standards, then we would not purchase from that factory.”

But Mr. Duke’s reassurances that Walmart enforces high standards in the global clothing industry appear to be contradicted by inspection reports it requested and some of Walmart’s own internal communications:

¶ Just two weeks before Mr. Duke’s vow, a top Walmart executive acknowledged in an e-mail to a group of retailers that the industry’s safety monitoring system was seriously flawed. “Fire and electrical safety aspects are not currently adequately covered in ethical sourcing audits,” Rajan Kamalanathan, the executive, wrote to other board members of the Global Social Compliance Program, a business-led group focused on improving the supply chain.

¶ Three inspection reports from 2011 and 2012 at the Tazreen Fashions factory where the fire occurred revealed serious repeated violations, including a lack of fire alarms in many areas, a shortage of fire extinguishers and obstacles blocking workers’ escape routes. At the same time, those inspections did not even cover whether the factory had fire-safe emergency exits, leaving that responsibility to often lax government inspectors.

¶ Walmart led an effort to block a plan to have global retailers underwrite safety improvements at factories in Bangladesh, according to minutes of an April 2011 meeting as well as several participants.

Walmart has become the world’s largest retailer by demanding the lowest costs from suppliers and delivering the lowest prices to consumers — while promising its customers that the billions of dollars of goods it buys from Bangladesh, China and other countries are produced in safe, nonsweatshop factories. Walmart buys more than $1 billion in garments from Bangladesh each year, attracted by the country’s $37-a-month minimum wage, the lowest in the world.

But even as the deadly Nov. 24 fire at the Tazreen factory has stirred soul-searching inside and outside the apparel industry about the effectiveness of its global factory monitoring system, some nonprofit groups say Walmart has been an important obstacle to efforts to upgrade fire safety. That is partly because it has shown little interest in changing the existing practice of demanding that the factories, often operating at razor-thin margins, meet fire safety standards at their own cost.

“They are squeezing the manufacturers, and the manufacturers are happy to get away with the minimum compliance that they can,” said Farooq Sobhan, a former Bangladeshi diplomat involved in past negotiations between Bangladesh and the United States on trade policy for apparel. “It is kind of a vicious cycle.”

Walmart says it is doing everything it can to prevent factory fires. “Walmart has been advocating for improved fire safety with the Bangladeshi government, with industry groups and with suppliers,” Kevin Gardner, a Walmart spokesman, said in an e-mail. “We firmly believe factory owners must meet our supplier standards, and we recognize the cost of meeting those standards will be part of the cost of the goods we buy. We know our customers expect this of us and our suppliers.”

Walmart also insists that several of its apparel suppliers were using the Tazreen factory without its approval. Two days after the Tazreen fire, Walmart said it had “de-authorized” use of the factory, but without saying when or why; two weeks later it said it had taken the action “many months ago.”

But critics say that the inspection reports discovered in the Tazreen factory— which were obtained by The New York Times from a labor advocacy group — underscore fundamental problems with Walmart’s supply chain in Bangladesh, allowing it to avoid addressing safety problems it should have dealt with.

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Makers of $99 Android-Powered Game Console Ship First 1,200 ‘Ouyas’

Like Nintendo’s Wii U game console, the Ouya (that’s “OOH-yuh”) has an unusual name and even more unusual hardware. The console is roughly the size of a Rubik’s cube, and is powered by Android, Google‘s open-source operating system that’s normally found on smartphones and tablets.

Ouya’s makers, who are preparing the console for its commercial launch, encourage interested gamers to pop the case open and use it in electronics projects … or even to write their own games for it. Especially if they’re among the 1,200 who are about to receive their own clear plastic Ouya developer consoles.

Not exactly a finished product

The limited-edition consoles, which have been shipped out to developers already, are not designed for playing games on. They don’t even come with any.

Rather, the point of these consoles is so that interested Android developers can write games for the Ouya, which will then be released to gamers when the console launches to the public. Fans who pledged at least $ 1,337 to Ouya’s record-breaking Kickstarter project will get one, and while they’re not quite suited for playing games on — “we know the D-pad and triggers on the controller still need work,” Ouya’s makers say — the clear plastic developer consoles serve as a preview of what the finished product will look like, and a reminder of Ouya’s “openness.”

You keep using that word …

In the food and drug industries, terms like “organic” and “all-natural” are regulated so that only products which meet the criteria can have them on their labels. In the tech world, however, anyone can claim that their product is “open,” for whatever definition of “open” they like.

The term was popularized by the world’s rapid adoption of open-source software, like Android itself, where you’re legally entitled to a copy of the programming code and can normally use it in your own projects (like Ouya’s makers did). But when tech companies say that something is “open,” they don’t necessarily mean that the code or the hardware schematics use an open-source license.

How Ouya is “open”

Ouya’s makers have released their ODK, or developer kit, under the same open-source license as Android itself. This allows aspiring game developers to practice their skills even without a developer console, and to improve the kit however they want. The hardware itself is currently a “closed” design, however, despite the clear plastic case. The makers have expressed enthusiasm for the idea of hardware hackers using it in projects, and have said, “We’ll even publish the hardware design if people want it,” but so far they haven’t done so.

What about the games?

The most relevant aspect of “openness” to normal gamers is that Ouya’s makers say “any developer can publish a game.” This model is unusual for the console world, where only select studios are allowed to publish their wares on (for instance) the PlayStation Network, but is more familiar to fans of the anything-goes Google Play store for Android. Several big-name Android developers — including console game titan Square-Enix — have already signed up to have their wares on the Ouya.

Preordered Ouya game consoles (the normal ones, not the developer edition) will ship in April. They will cost $ 99 once sales are opened to the general public.

Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.
Linux/Open Source News Headlines – Yahoo! News

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NHL makes new offer; lockout enters critical stage

NEW YORK (AP) — The NHL's latest offer to the players' association was enough for the sides to make plans to meet this weekend.

Deputy commissioner Bill Daly said Friday the league presented its proposal Thursday. The sides haven't met in person since a second round of talks with a federal mediator broke down Dec. 13.

The NHL and the players' association are expected to talk via conference call on Saturday, and have tentative plans to meet Sunday in New York.

The league's comprehensive new offer, that is several hundred pages in length, was still being reviewed by the union Friday night. The players' association's executive board and negotiating committee went over the proposal during an internal conference call.

"We delivered to the union a new, comprehensive proposal for a successor CBA," Daly said in a statement Friday. "We are not prepared to discuss the details of our proposal at this time. We are hopeful that once the union's staff and negotiating committee have had an opportunity to thoroughly review and consider our new proposal, they will share it with the players. We want to be back on the ice as soon as possible."

The league would like to have a deal in place by Jan. 11, begin training camps the following day and start the regular season by Jan. 19.

The lockout has reached its 104th day, and the NHL said it doesn't want a season of less than 48 games. That means a deal would need to be reached mid-January.

A person familiar with key points of the offer told The Associated Press that the league proposed raising the limit of individual free-agent contracts to six years from five — seven years if a team re-signs its own player; raising the salary variance from one year to another to 10 percent, up from 5 percent; and one compliance buyout for the 2013-14 season that wouldn't count toward a team's salary cap but would be included in the overall players' share of income.

The person spoke on condition of anonymity because details of the new offer were not being discussed publicly.

The NHL maintained the deferred payment amount of $300 million it offered in its previous proposal, an increase from an earlier offer of $211 million. The initial $300 million offer was pulled off the table after negotiations broke off earlier this month.

The latest proposal is for 10 years, running through the 2021-22 season, with both sides having the right to opt out after eight years.

A conference call with the players' association's negotiating committee and its executive board was scheduled for Friday afternoon and was expected to last several hours.

The lockout has reached a critical stage, threatening to shut down a season for the second time in eight years. All games through Jan. 14, plus the Winter Classic and the All-Star game already have been called off. The next round of cuts could claim the entire schedule.

The NHL is the only North American professional sports league to cancel a season because of a labor dispute, losing the 2004-05 campaign to a lockout. A 48-game season was played in 1995 after a lockout stretched into January.

It is still possible this dispute could eventually be settled in the courts if the sides can't reach a deal on their own.

The NHL filed a class-action suit this month in U.S. District Court in New York in an effort to show its lockout is legal. In a separate move, the league filed an unfair labor practice charge with the National Labor Relations Board, contending bad-faith bargaining by the union.

Those moves were made because the players' association took steps toward potentially filing a "disclaimer of interest," which would dissolve the union and make it a trade association. That would allow players to file antitrust lawsuits against the NHL.

Union members voted overwhelmingly to give their board the power to file the disclaimer by Jan. 2. If that deadline passes, another authorization vote could be held to approve a later filing.

Negotiations between the NHL and the union have been at a standstill since talks ended Dec. 6. One week later, the sides convened again with federal mediators in New Jersey, but still couldn't make progress.

The sides have been unable to reach agreement on the length of the new deal, the length of individual player contracts, and the variance in salary from year to year. The NHL is looking for an even split of revenues with players.

The NHL pulled all previous offers off the table after the union didn't agree to terms on its last proposal without negotiation.

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China Toughens Restrictions on Internet Use

How Hwee Young/European Pressphoto Agency

New measures by the Chinese government could chill some of the vibrant discourse on Twitter-like microblogs.

HONG KONG — The Chinese government issued new rules on Friday requiring Internet users to provide their real names to service providers, while assigning Internet companies greater responsibility for deleting forbidden postings and reporting them to the authorities.

The decision came as government censors have sharply stepped up restrictions on China’s international Internet traffic in recent weeks. The restrictions are making it harder for businesses to protect commercial secrets and for individuals to view overseas Web sites that the Chinese Communist Party deems politically sensitive.

The new regulations, issued by the Standing Committee of the National People’s Congress, allow Internet users to continue to adopt pseudonyms for their online postings, but only if they first provide their real names to service providers, a measure that could chill some of the vibrant discourse on the country’s Twitter-like microblogs. The authorities periodically detain and even jail Internet users for politically sensitive comments, such as calls for a multiparty democracy or accusations of impropriety by local officials.

Any entity providing Internet access, including over fixed-line or mobile phones, “should when signing agreements with users or confirming provision of services, demand that users provide true information about their identities,” the committee ordered.

In recent weeks, Internet users in China have exposed a series of sexual and financial scandals that have led to the resignations or dismissals of at least 10 local officials. International news media have also published a series of reports in recent months on the accumulation of wealth by the family members of China’s leaders, and some Web sites carrying such reports, including Bloomberg’s and the English- and Chinese-language sites of The New York Times, have been assiduously blocked, while Internet comments about them have been swiftly deleted.

The regulations issued Friday build on a series of similar administrative guidelines and municipal rules issued over the past year. China’s mostly private Internet service providers have been slow to comply with them, fearing the reactions of their customers. The committee’s decision has much greater legal force, and puts far more pressure on Chinese Internet providers to comply more quickly and more comprehensively, Internet specialists said.

In what appeared to be an effort to make the decision more palatable to the Chinese public, the committee also included a mandate for businesses in China to be more cautious in gathering and protecting electronic data.

“Nowadays on the Internet there are very serious problems with citizens’ personal electronic information being recklessly collected, used without approval, illegally disclosed, and even traded and sold,” Li Fei, a deputy director of the committee’s legislative affairs panel, said on Friday at a news conference in Beijing. “There are also a large number of cases of invasive attacks on information systems to steal personal electronic information, as well as lawbreaking on the Internet through swindles and through defaming and slandering others.”

Mr. Li denied that the government was seeking to prevent the exposure of corruption.

“When citizens exercise these rights according to the law, no organization or individual can use any reason or excuse to interfere, and cannot suppress them or exact revenge,” he said. “At the same time, when citizens exercise their rights, including through use of the Internet, they should stay within the bounds of the Constitution and the laws, and must not harm the legitimate rights and interests of the state, society, the collective or of other citizens.”

A spokesman for the National People’s Congress said that 145 members of the committee voted in favor of the new rules, with 5 abstaining and 1 voting against them.

The requirement for real names appeared to be aimed particularly at cellphone companies and other providers of mobile Internet access. At the news conference, an official from the Ministry of Industry and Information Technology, Zhao Zhiguo, said that nearly all fixed-line services now had real-name registration, but that only about 70 percent of mobile phones were registered under real names.

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Surgery Returns to NYU Langone Medical Center

Chang W. Lee/The New York Times

Senator Charles E. Schumer spoke at a news conference Thursday about the reopening of NYU Langone Medical Center.

NYU Langone Medical Center opened its doors to surgical patients on Thursday, almost two months after Hurricane Sandy overflowed the banks of the East River and forced the evacuation of hundreds of patients.

While the medical center had been treating many outpatients, it had farmed out surgery to other hospitals, which created scheduling problems that forced many patients to have their operations on nights and weekends, when staffing is traditionally low. Some patients and doctors had to postpone not just elective but also necessary operations for lack of space at other hospitals.

The medical center’s Tisch Hospital, its major hospital for inpatient services, between 30th and 34th Streets on First Avenue, had been closed since the hurricane knocked out power and forced the evacuation of more than 300 patients, some on sleds brought down darkened flights of stairs.

“I think it’s a little bit of a miracle on 34th Street that this happened so quickly,” Senator Charles E. Schumer of New York said Thursday.

Mr. Schumer credited the medical center’s leadership and esprit de corps, and also a tour of the damaged hospital on Nov. 9 by the administrator of the Federal Emergency Management Agency, W. Craig Fugate, whom he and others escorted through watery basement hallways.

“Every time I talk to Fugate there are a lot of questions, but one is, ‘How are you doing at NYU?’ ” the senator said.

The reopening of Tisch to surgery patients and associated services, like intensive care, some types of radiology and recovery room anesthesia, was part of a phased restoration that will continue. Besides providing an essential service, surgery is among the more lucrative of hospital services.

The hospital’s emergency department is expected to delay its reopening for about 11 months, in part to accommodate an expansion in capacity to 65,000 patient visits a year, from 43,000, said Dr. Andrew W. Brotman, its senior vice president and vice dean for clinical affairs and strategy.

In the meantime, NYU Langone is setting up an urgent care center with 31 bays and an observation unit, which will be able to treat some emergency patients. It will initially not accept ambulances, but might be able to later, Dr. Brotman said. Nearby Bellevue Hospital Center, which was also evacuated, opened its emergency department to noncritical injuries on Monday.

Labor and delivery, the cancer floor, epilepsy treatment and pediatrics and neurology beyond surgery are expected to open in mid-January, Langone officials said. While some radiology equipment, which was in the basement, has been restored, other equipment — including a Gamma Knife, a device using radiation to treat brain tumors — is not back.

The flooded basement is still being worked on, and electrical gear has temporarily been moved upstairs. Mr. Schumer, a Democrat, said that a $60 billion bill to pay for hurricane losses and recovery in New York and New Jersey was nearing a vote, and that he was optimistic it would pass in the Senate with bipartisan support. But the measure’s fate in the Republican-controlled House is far less certain.

The bill includes $1.2 billion for damage and lost revenue at NYU Langone, including some money from the National Institutes of Health to restore research projects. It would also cover Long Beach Medical Center in Nassau County, Bellevue, Coney Island Hospital and the Veterans Affairs hospital in Manhattan.

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