Active NCAA Athletes Added to Lawsuit Over TV Money, Videogames

On Thursday, active athletes were added to a proposed class action lawsuit against the NCAA where billions of dollars in TV money could be at stake.

The lawsuit has been pending for more than four years, and has taken turns and twists on its route to becoming a legal challenge that focuses on the alleged antitrust injuries inherent in forcing athletes to sign waivers and give up the right to profit from video game and broadcasting deals.

A San Francisco federal judge is considering whether to certify the class action, and after a hearing last month, allowed the plaintiffs to amend their claims to add current athletes to the proposed lawsuit. Now joining ex-athletes like Oscar Robertson and Bill Russell are those still in school including Arizona linebacker Jake Fischer, Clemson defensive back Darius Robinson and Minnesota senior wide receiver Victor Keise.

While not as famous as the ex-athletes, the inclusion of a half dozen current athletes arguably ups the stakes as the NCAA and member conferences find that their most lucrative licensing partnerships are potentially subject to antitrust scrutiny. In addition to the new named plaintiffs as class representatives, the plaintiffs have added details in a whopping 213-page amended complaint that was filed on Thursday.

Here's the full amended complaint.

The new charges come after U.S. District Judge Claudia Wilken told the plaintiffs that the "pleading may be amended only the minimum amount necessary" to conform to their certification motion and deficiencies identified by the defendants.

Throughout the process, the NCAA and other defendants like Electronic Arts have been upset at how much the plaintiffs' claims have changed from the legal fight's start. At the beginning, the case was more about some video games that allegedly misappropriated the likeness of former players through avatars. The evolution to a lawsuit that's the biggest antitrust challenge the NCAA has ever faced has become a basis partly for the defendants' demand that the certification be denied.

As Judge Wilken examines whether to let the plaintiffs proceed -- and if so, how -- the new amended lawsuit includes allegations like EA offering to establish a player fund in 2007 for the use of student-athlete names, images and likenesses.

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According to the complaint, the Collegiate Licensing Company, "negotiating on the NCAA's behalf, instead suggested that the money should go to the NCAA. EA agreed to pay a kicker to NCAA in order 'to align interests and incentivize all parties to help build the category with new rights.' EA made this offer contingent on 'no royalties ... to a player fund.'"

The plaintiffs say that not everybody was on board this plan within the NCAA's ranks.

"NCAA administrators noted 'real concern' that use of student-athletes' names, images, and likenesses in video games 'adds to the argument that student-athletes should be unionized and receive a cut of the profits, etc.," says the lawsuit.

But objections were allegedly overruled by former NCAA president Myles Brand and NCAA marketing executive Greg Shaheen.

Last week, in the midst of the legal drama, the NCAA ended its relationship with EA.

As for TV money,? the plaintiffs talk about how the NCAA has grown its annual tournament from one that derived a few million dollars in 1979 to one that now commands billions of dollars. And the plaintiffs point to ways that "new licensing deals for this game continue to be struck," for example, speaking how the "Big Ten's Greatest Games" are now shown on Hulu, co-owned by Fox, which is also a partner in the Big Ten Network.

In the demand for relief, the plaintiffs believe that they are entitled to a declaration that any releases that purport to relinquish rights to compensation are "void and unenforceable" and further that defendants and their partners "be permanently enjoined and restrained from, in any manner,?continuing, maintaining, or renewing the contract, combination, or conspiracy alleged... ."

The athletes also want the defendants to be disgorged of profits connected to the sale of videogames as well as any products that contain game footage. They haven't directly asked for money from live television events yet (notwithstanding how today's televised games often provide flashbacks), but if ultimately successful, the class action could raise questions about what kind of consent is needed from active athletes, and potentially pave the way towards some sort of deal that puts an end to amateurism in college sports.

E-mail: Eriq.Gardner@THR.com
Twitter: @eriqgardner

Source: http://feedproxy.google.com/~r/thr/columns/~3/rtIx3S9x4Mg/active-ncaa-athletes-added-lawsuit-589236

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Ronald Reagan?s wedding church will also marry gay couples

The Little Brown Church in Studio City, California has announced an open-door policy toward conducting same-sex ceremonies

The California church where Ronald Reagan married has announced plans to do same-sex weddings.

The former US president, whose delayed response to the HIV/AIDS outbreak in 1980s has been criticized long after his death, married his wife Nancy in the Little Brown Church in 1952.

The Little Brown Church last made news headlines in 2008 when Britney Spears was spotted with her then-boyfriend Adnan Ghalib stopping into the church to light a candle after leaving a custody hearing at the Los Angeles Supreme Court.

Based in the San Fernando Valley in Southern California, the Little Brown Church opened in 1939, and since then has hosted over 23,000 ceremonies, including several same-sex ceremonies during the period when it was legal in California.

Pastor Russel Willoughby said: ?It was an honor for me to officiate at their weddings.?

Last month, the Golden State reclaimed marriage equality when the US Supreme Court ruled Prop 8, California?s ban on gay marriage, was unconstitutional.?

Willoughby told World Entertainment News Network: ?At the Little Brown Church, we believe that loving relationships are gifts from God, regardless of the sexual orientation of those involved.

?I have a hard time understanding why the thought of two people loving each other and devoting their lives to one another is so upsetting to many Christians. So what if the people in love are not heterosexual?

?I can't believe that God would limit something so wonderful as romantic love to only one group - those who are straight. Do you really think God would discriminate like this??
?

Source: http://www.gaystarnews.com/article/ronald-reagan%E2%80%99s-wedding-church-will-also-marry-gay-couples190713

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3 Areas of Your Business Worth Outsourcing | Alltopstartups.com

By Contributor - July, 18th 2013

Congratulations! You started your business all by yourself. It?s up and running and ready to grow. But here?s the problem: if you continue to go it alone, you?ll never grow it alone. It?s time to take a look in the mirror and recognize that, although you are really good at some things, you can?t be good at everything.

It?s time to let go a little ? to take off some of those hats you?ve been wearing. It?s time to get some help, to delegate, to outsource. It sounds easy but the truth is that many entrepreneurs enjoy having the full weight of the business on their shoulders. In trying to keep all those plates spinning at once, they have a hard time determining what tasks they should outsource. In case you?re having that problem, take heart. Here?s a look at three areas of your business worth outsourcing:

1. Areas that require highly repetitive tasks

When you first got started you probably didn?t picture that you?d be spending only 25% of your time doing what you do best and the rest of your time doing all those repetitive tasks that, while necessary, do not contribute directly to growing your business. If you?re beginning to get bogged down by data entry, doing payroll, paying bills or boxing up and shipping out inventory, it?s time to outsource those duties. The key is to do it early before those tasks become overwhelming to the point that your business begins to suffer. It may take you some time to find the right people, but freeing yourself up to do what you know, love and are passionate about is well worth the time and effort involved.

2. Areas that require skills and technical knowhow

Starting out, you may have built and maintained your own website. But to take your business to the next level you need to outsource this area of your business to professionals, those with serious skills and knowhow in the areas of web design, SEO, web analytics and social media. With websites such as Facebook, Twitter and Pinterest becoming more and more important as a means to advertise and interact with clients and customers on a massive scale, the ability to leverage social media is more critical than ever. Doing website updates, email marketing and newsletters are also tasks that can be handled reasonably and efficiently by others to free up more of your valuable time.

3. Areas that involve branding and marketing

Building and marketing a successful business brand doesn?t happen overnight or by accident. Nor should it be left to well-meaning business owners. Professionals must carefully orchestrate brand creation and marketing. Qualified graphic designers with branding experience should be brought in to design the logo and the overall look. Physical branding through products such as promotional banners, brochures, books, flyers, signage, name tags and lanyard should also be outsourced to companies that understand the importance of staying true to the designs and color-schemes that help constitute your company?s consistent corporate image.

Entrepreneurs who have poured heart and soul into their businesses need to understand that outsourcing inevitably involves growing pains and learning curves. When high expectations are not immediately met, the urge to step in and start micromanaging should be avoided. The only way your business will ever take off is if you let go, do what you do best, and then get out of the way.

About the Author: Robert Cordray is a freelance writer and expert in business and marketing. With over 20 years of startup experience, Robert is now retired and hopes others can benefit from his writing.

• 

Source: http://alltopstartups.com/2013/07/18/3-areas-business-worth-outsourcing/

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Poll: US still seen as top economic power

WASHINGTON (AP) ? The United States is still viewed as the world's leading economic power in many countries, according to polls in 39 nations by the Pew Research Center's Global Attitudes Project. But as the Great Recession has buffeted the U.S. economy, China has gained rapidly in the eyes of the rest of the world, and many say it ultimately will replace America as the world's top global economic force.

In 22 of the 39 nations polled, the U.S. is seen as the top global economy, while China is viewed as having the upper hand in eight countries, including U.S. allies Canada, Britain, Germany and France. Surprisingly, Americans are about evenly divided over which country has the stronger economy, with 44 percent saying China and 39 percent the United States.

Since 2008, the population share that calls China the world's top economy has just about doubled in Spain, Germany and Britain, nearly tripled in Russia, and gained 22 points in France. Of the 20 countries Pew surveyed in both 2008 and 2013, all but two are now significantly more likely to say China is the world's leading economic power.

In 18 of the countries polled, half or more believe China has or will replace the U.S. as the world's top economic force, while majorities in only three believe the U.S. will maintain its top economic position.

The surveys, conducted before news about the NSA's surveillance programs broke, also found that 37 of the 39 countries saw the U.S. as a good steward of individual liberty than a poor one.

Before leaks of classified documents revealed widespread U.S. tracking of Internet communications among people in other countries, many said they were confident President Barack Obama would do the right thing in world affairs, including 88 percent in Germany and 83 percent in France, two allies whose official reactions to the spying program have been broadly negative. Few in those nations think the U.S. gives their countries' concerns much weight when setting foreign policy; just 35 percent in France and half in Germany say America considers their interests at least "a fair amount."

Other findings from the surveys:

? The U.S. is viewed favorably by a majority in 28 of the 38 other nations tracked in the poll, with favorability ratings above 80 percent in Ghana, Senegal and Kenya in Africa, Israel in the Middle East and the Philippines in Asia. America fares worst in the Middle East, where most have an unfavorable opinion in five of seven nations surveyed, including 81 percent with a negative view in Egypt and 70 percent unfavorable in Turkey.

? Among those in nations that receive U.S. economic aid, Egyptians and Pakistanis are more apt to say the assistance is having a negative impact on their country, while other African nations surveyed view such assistance as a positive influence.

? Majorities in just three of the 39 countries say they approve of the U.S. use of drones to target extremists: Israel (64 percent approve), the United States (61 percent approve) and Kenya (56 percent approve).

? More than 9 in 10 in Japan (96 percent) and South Korea (91 percent) say that China's growing military power is a bad thing.

The Pew Research Center interviewed 37,653 respondents in 39 countries from March 2 through May 1, 2013. Interviews were conducted face-to-face or by telephone, depending on the country, and are representative of at least 95 percent of the adult population of each nation except for China and Pakistan, where the samples were disproportionately urban, Argentina, Bolivia, Greece, Indonesia and Malaysia, where some difficult to reach or rural populations were excluded, and the Czech Republic and Japan, where interviews were conducted either by cellular or landline telephone only.

___

Online: http://www.pewglobal.org/2013/07/18/americas-global-image-remains-more-positive-than-chinas/

Methodological details by country: http://www.pewglobal.org/2013/05/23/survey-methods-50/

___

Jennifer Agiesta is AP's director of polling. Follow her on twitter at http://twitter.com/JennAgiesta.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/89ae8247abe8493fae24405546e9a1aa/Article_2013-07-18-US-China-US-Poll/id-d5998dc25e3245f1a58c1346aac163e9

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Breeding Duck Numbers Improved, Canada Goose Population Declines

Written by the Minnesota DNR

Despite lingering winter weather that included record late ice-out in 2013, Minnesota?s breeding duck populations improved from last year, according to the results of the annual Department of Natural Resources? spring waterfowl surveys.

The state?s estimated breeding duck population was 683,000 compared with last year?s estimate of 469,000. This year?s estimate is 10 percent above the long-term average of 620,000 breeding ducks.

This year?s mallard breeding population was estimated at 293,000, 30 percent above last year?s estimate of 225,000 breeding mallards, 14 percent above the recent 10-year average and 30 percent above the long-term average.

The blue-winged teal population was 144,000 compared with 109,000 in 2012 but remained 33 percent below the long-term average of 216,000.

The combined populations of other ducks, such as wood ducks, ring-necked ducks, gadwalls, northern shovelers, canvasbacks and redheads was 246,000, This was 82 percent higher than last year and 39 percent above the long-term average.

The estimated number of wetlands (Types II-V) was 258,000, up 13 percent from last year, and 2 percent above the long-term average. ?Although wetland numbers were average, conditions changed from extremely dry before May 1 to fairly wet by the end of May in most of the state,? said Steve Cordts, DNR waterfowl specialist.

?Also, in a normal year, ducks begin arriving back to Minnesota in April or early May to begin the nesting season,? Cordts said. ?But with record late ice-out and significant snow cover present in some areas until early May, the spring migration and nesting season were delayed so we had to delay the survey about two weeks.?

The DNR?s waterfowl survey has been conducted each year since 1968 to provide an annual index of breeding duck abundance. The survey covers 40 percent of the state that includes much of the best remaining duck breeding habitat in Minnesota. A DNR waterfowl biologist and pilot count all waterfowl and wetlands along established survey routes by flying low-level aerial surveys from a fixed-wing plane. The survey is timed to begin in early May to coincide with peak nesting activity of mallards. The U. S. Fish and Wildlife Service provide ground crews that also count waterfowl along some of the same survey routes. This data is then used to correct for birds not seen by the aerial crew.

This year?s Canada goose population was estimated at 250,000, which was considerably less than last year?s estimate of 416,000. The number of breeding Canada geese in the state is estimated via a helicopter survey of nesting Canada geese in April. The survey, which includes most of the state except for the Twin Cities metropolitan area, counts Canada geese on randomly selected plots located in prairie, transition and forested areas.

Although this year?s estimate was lower than recent years, much of that change could be the result of the spring weather conditions that may have impacted goose distribution and abundance in the state. Cold temperatures and April snowfall combined with a late ice-out reduced nesting success and effort, reducing the number of goslings. During the past 10 years, the Canada goose population?s average has ranged from 275,000 to 350,000.

?While that should not impact the population in the future, fewer young geese in the early fall usually makes goose hunting more difficult for hunters,? said Paul Telander, DNR wildlife section chief. ?The bottom line is our Canada goose population remains higher than we?d like it to be and we?ll continue to maximize hunting opportunities this fall.?

The Minnesota waterfowl report can be viewed online at www.mndnr.gov/waterfowl.

The DNR will announce this fall?s waterfowl hunting regulations later this summer.

Source: http://centralmn.wdio.com/news/environment/66982-breeding-duck-numbers-improved-canada-goose-population-declines

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SAP warns China's slowdown is hurting software sales

By Maria Sheahan

FRANKFURT (Reuters) - German business software maker SAP AG trimmed its sales outlook for this year, warning that a slowdown in China was prompting companies across Asia to put investments on hold.

China's growth rate slowed to 7.5 percent in the second quarter, the ninth quarter in the last 10 that expansion has weakened, in a setback for companies betting on a continued boom in the world's second-biggest economy.

"The slowdown in China is now also impacting the tech industry," co-Chief Executive Jim Hagemann Snabe told journalists on Thursday.

That was having a knock-on effect to other companies in the region. Companies in Japan, Australia and New Zealand, particularly, have become more hesitant about investing, Snabe said.

SAP's biggest competitor, U.S.-based Oracle, last month blamed Asia and Latin America for its disappointing software sales and subscriptions.

The company cut its outlook for revenue growth from software and software-related services to at least 10 percent in 2013, excluding exchange-rate fluctuations, compared with a previous forecast for 11-13 percent growth.

In the second quarter, its software sales to customers in Asia-Pacific Japan dropped 10 percent at constant currencies, the second quarter in a row of double-digit declines, after rapid growth last year.

Including exchange-rate effects, sales were down 17 percent.

Snabe said he expected business in Asia-Pacific to recover, though it was hard to predict when. "We will continue to invest in Asia-Pacific," he said.

Shares in SAP were down 2 percent at 56.53 euros by 0913 GMT, in a flat market.

"It's only in the short-term that they may face difficulties, given the negative economic environment and the bottleneck in investments in the SAP client base," said Frank Niemann and Tobias Ortwein, analysts at Pierre Audoin Consultants.

"In the long term, it's a good story with more innovation likely to come."

SWITCH TO CLOUD

SAP, whose software helps companies manage supplies, human resources and customers relations, is reducing its reliance on traditional business software to become a major player in cloud computing.

The company reiterated that it expects 2013 operating profit to rise to 5.85-5.95 billion euros ($7.7-$7.8 billion) at constant currencies, from 5.21 billion in 2012 as it contains costs and banks on growing demand for cloud-based services.

SAP has launched a cloud-based version of its HANA tool, which helps companies analyze large quantities of data quickly and competes with Oracle's Exalytics product, as well as a new version of its Business Suite software running on top of HANA, which it started offering in mid-May.

It has spent billions of euros to buy Internet-based computing companies Ariba and SuccessFactors and battle IBM and Oracle as well as nimbler rivals like Salesforce.com Inc and Workday Inc for market share.

"We have about 30 million cloud users now, which gives us by far the largest subscriber base in the cloud," Snabe said, referring to the global market.

In the short term, customers' switch to cloud computing will hurt revenue growth because payments for cloud-based services are made in installments rather than up-front in full, but that effect is expected to even out in the long run.

In the three months through June, SAP's software and software-related service revenue grew 10 percent to 3.35 billion euros, the slowest growth rate in five quarters and a little below the 3.41 billion euros analysts had forecast.

Second-quarter operating profit was also up by 10 percent at constant currencies, at 1.22 billion euros, broadly in line with expectations.

($1 = 0.7637 euros)

(Corrects spelling of analyst's name in 11th paragraph)

(Additional reporting by Natalia Drozdiak; Editing by Erica Billingham)

Source: http://news.yahoo.com/sap-warns-china-slowdown-hurting-software-sales-054900344.html

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Mobile: Nokia Lumia 625 gecertificeerd in China: Het Chinese TENAA, te vergelijk...

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Source: http://www.facebook.com/Techzine.nl/posts/563333093704813

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