Los Angeles mandates condoms for porn actors, industry threatens suit

LOS ANGELES (Reuters) – Los Angeles County voters passed a ballot initiative mandating that pornographic film actors wear condoms during sex scenes, prompting a trade group on Wednesday to threaten to sue and take production elsewhere.

Measure B, which was sponsored by the group AIDS Healthcare Foundation, won approval on Tuesday by a margin of 55.85 percent to 44.15 percent, according to the Los Angeles County Registrar-Recorder’s office.

“This is what democracy looks like; we took this to county government, and they didn’t act so we took it directly to the voters, and they spoke conclusively,” AIDS Healthcare Foundation President Michael Weinstein said.

The law requires adult film actors filming in Los Angeles County to use condoms during sex scenes. Most U.S. pornographic productions are made in the county’s San Fernando Valley.

Diane Duke, chief executive for the industry group Free Speech Coalition, told Los Angeles County supervisors in a letter on Wednesday that the law was unconstitutional and that it fell under state jurisdiction, not that of local government.

“Therefore, we will file suit and challenge this intolerable law in court,” Duke said in the letter. A copy was provided to Reuters.

She said the adult filmmakers had been approached to move elsewhere, adding: “In the upcoming weeks and months, we will provide a roadmap for adult production to move its over a billion dollar industry and its accompanying 10,000 jobs to these welcoming communities.”

David Sommers, a spokesman for the Board of Supervisors, declined to respond specifically to the letter, saying he had not read it. He said county health officials were still grappling with the law’s implications.

“This type of enforcement is a new thing for us and it’s a one-of-a-kind law and so how we move forward with its implementation is a conversation we’re just beginning to have given how the voters decided Measure B,” he said.

The initiative requires porn producers to get a health permit from Los Angeles County to make their movies showing explicit sex and nudity. Using condoms on set would be a condition of obtaining that permit.

California workplace laws mandate the use of condoms by porn performers, but AIDS Healthcare officials say the statute is not specifically aimed at the industry and is widely violated.

The Free Speech Coalition said in its letter that such requirements would impose “excessive costs of compliance.”

(Reporting by Dan Whitcomb; Editing by Cynthia Osterman)

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China submarines soon to carry nukes, draft US report says

WASHINGTON (Reuters) – China appears to be within two years of deploying submarine-launched nuclear weapons, adding a new leg to its nuclear arsenal that should lead to arms-reduction talks, a draft report by a congressionally mandated U.S. commission says.

China in the meantime remains “the most threatening” power in cyberspace and presents the largest challenge to U.S. supply chain integrity, the U.S.-China Economic and Security Review Commission said in a draft of its 2012 report to the U.S. Congress.

China is alone among the original nuclear weapons states to be expanding its nuclear forces, the report said. The others are the United States, Russia, Britain and France.

Beijing is “on the cusp of attaining a credible nuclear triad of land-based intercontinental ballistic missiles, submarine-launched ballistic missiles, and air-dropped nuclear bombs,” the report says.

China has had a largely symbolic ballistic missile submarine capability for decades but is only now set to establish a “near-continuous at-sea strategic deterrent,” the draft said.

The deployment of such a hard-to-track, submarine-launched leg of China’s nuclear arsenal could have significant consequences in East Asia and beyond. It also could add to tensions between the United States and China, the world’s two biggest economies.

Any Chinese effort to ensure a retaliatory capability against a notional U.S. nuclear strike “would necessarily affect Indian and Russian perceptions about the potency of their own deterrent capabilities vis-à-vis China,” the report said, for instance.

ARMS CONTROL TALKS URGED

China is party to many major international pacts and regimes regarding nuclear weapons and materials. But it remains outside of key arms limitation and control conventions, such as the New Strategic Arms Reduction Treaty signed in April 2010 and the 1987 Intermediate-Range Nuclear Forces Treaty. The United States historically has approached these bilaterally with Russia.

Congress should require the U.S. State Department to spell out current and planned efforts to integrate China into existing and future nuclear arms reduction, limitation, and control discussions and agreements, the draft said.

In addition, Congress should “treat with caution” any proposal to unilaterally, or in the context of a bilateral deal with Russia, reduce operational U.S. nuclear forces without clearer information being made available to the public about China’s nuclear stockpile and force posture, it said.

A spokesman for the Chinese embassy in Washington, Geng Shuang, did not immediately respond to a request for comment.

China is estimated by the Arms Control Association, a private nonpartisan group in Washington, to have a total of 240 nuclear warheads. The United States, by contrast, has some 5,113, including tactical, strategic and nondeployed weapons.

CHINA DEPLOYING NEW CLASS OF SUBS

Beijing already has deployed two of as many as five of a new class of nuclear-powered ballistic missile submarine. The JIN-class boat is due to carry the JL-2 submarine-launched ballistic missile with an estimated range of about 7,400 km (4,600 miles).

The new submarines and the JL-2 missile will give Chinese forces its “first credible sea-based nuclear capability,” the U.S. Defense Department said in its own 2012 annual report to Congress on military and security developments involving China.

The JL-2 program has faced repeated delays but may reach an initial operating capability within the next two years, according to the Pentagon report, released in May.

The Pentagon declined to comment directly on China’s march toward creating a credible nuclear “triad” involving strategic bombers, intercontinental ballistic missiles and submarine-launched ballistic missiles.

“We monitor carefully China’s military developments and urge China to exhibit greater transparency regarding its capabilities and intentions,” Lieutenant Colonel Monica Matoush, a Defense Department spokeswoman, said by email.

Any assessment of China’s ability to have a nuclear triad would be an intelligence matter and likely be classified in nature, she added.

The final version of the report is to be released next Wednesday by the U.S.-China commission, a 12-member bipartisan group set up in 2000 to report to U.S. lawmakers on security implications of U.S.-China trade.

The draft, in its section on cyber-related issues, called on the Congress to develop a sanctions regime to penalize specific companies found to engage in, or otherwise benefit from, industrial espionage.

Congress should define industrial espionage as an illegal subsidy subject to countervailing duties, it added.

Lawmakers also should craft legislation to boost the security of critical supply chains, “particularly in the context of U.S. government and military procurement,” the draft said.

(Editing by Lisa Shumaker)

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Merkel says Germany, Britain must work together on EU

LONDON (Reuters) – Germany and Britain must cooperate to work round their differences on the European Union‘s long-term spending plans, German Chancellor Angela Merkel said on Wednesday.

“Despite differences that we have it is very important for me that the UK and Germany work together,” Merkel said through a translator before a meeting in London with Prime Minister David Cameron to discuss the EU‘s 2014-2020 budget.

“We always have to do something that will stand up to public opinion back home. Not all of the expenditure that has been earmarked has been used with great efficiency … We need to address that,” she said.

EU leaders meet in Brussels on November 22-23 to try to secure a seven-year budget for the 27-nation bloc amid signs of differences of opinion over what action should be taken.

(Reporting by Peter Griffiths; Editing by Andrew Osborn)

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HANNITY ON TWEET

“I learned a big civics lesson today.” — Fox News Channel host Sean Hannity, who tweeted a picture of his filled-out ballot (for Mitt Romney, natch), only to learn that appeared to break the law in New York state.

— David Bauder — http://twitter.com/dbauder

___

EDITOR’S NOTE — Election Watch shows you Election Day 2012 through the eyes of Associated Press journalists. Follow them on Twitter where available with the handles listed after each item.

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Rihanna unveils Chris Brown duet “Nobodies Business”

LOS ANGELES (Reuters) – R&B star Rihanna unveiled a duet entitled “Nobodies Business” with ex-boyfriend Chris Brown on Tuesday, three years after Brown was charged with assaulting her.

The song was part of an official track list that Barbadian singer Rihanna tweeted to her followers for her upcoming album “Unapologetic,” and comes after weeks of speculation in the media that the couple have rekindled their romance being spotted together at numerous events.

While Rihanna, 24, has stayed mum on her relationship status with Brown, the “Turn Up The Music” singer attended Rihanna‘s Halloween party last week and tweeted a photograph of himself dressed in Arab robes and a rifle.

Brown, 23, is currently halfway through his five-year probation after pleading guilty to assaulting Rihanna on the eve of the Grammy awards in 2009. He was ordered to complete community service and a domestic violence program.

Brown was given permission by a Los Angeles judge to embark on his European tour at a recent hearing overseeing his progress on his probation.

The former couple have had a tumultuous relationship in the last three years, including a restraining order against Brown following the assault.

But recently the two singers have made peace, coming together on a remix of Rihanna‘s raunchy song “Birthday Cake” earlier this year.

The Barbadian singer told Oprah Winfrey in an emotional interview in August that she and Brown now had a “very close friendship,” and that she still loved him.

Other collaborations on Rihanna‘s upcoming “Unapologetic” album include rapper Eminem, newcomer singer-songwriter Mikky Ekko and rapper Future.

(Reporting By Piya Sinha-Roy, editing by Jill Serjeant)

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Pfizer arthritis drug wins approval, to challenge Humira

(Reuters) – U.S. regulators on Tuesday approved Pfizer Inc‘s Xeljanz treatment for rheumatoid arthritis, one of the company’s most potentially lucrative experimental drugs, which is now poised to compete with Abbott Laboratories Inc‘s top-selling Humira.

The U.S. Food and Drug Administration said it had approved Pfizer’s pill for patients with moderate to severe rheumatoid arthritis who have not benefited from or been able to tolerate the standard oral treatment, methotrexate. Xeljanz can be used by itself or in combination with methotrexate and certain other standard treatments.

Industry analysts have predicted Pfizer’s drug, which works differently from current treatments and is better known by its chemical name tofacitinib, could eventually capture annual sales of up to $ 3 billion. The revenue is sorely needed, amid plunging sales of its Lipitor cholesterol fighter and other Pfizer medicines facing cheaper generics.

As a twice-daily pill, Xeljanz could prove more attractive to some patients than Abbott’s $ 8 billion-a-year Humira, which is given by injection every other week.

But Abbott has said Humira sales will continue growing by leaps and bounds, despite competition from Xeljanz.

“It is understandable why (new) patients might prefer an oral therapy versus one that requires needle-based delivery,” Sanford Bernstein analyst Tim Anderson said in a research note. He added that patients already benefiting from other medicines are unlikely to switch to a new product.

The FDA approved a 5 milligram dose of Xeljanz, given twice a day. But the agency said further safety data are needed to assess a 10 milligram, twice-daily dose, that Pfizer had also put before regulators.

Anderson said Xeljanz will likely cost $ 25,000 a year, in line with injectable medicines. Besides Humira, the injectables include Amgen Inc’s Enbrel and Johnson & Johnson’s Remicade — all three of which work by blocking a protein called tumor necrosis factor.

Anderson predicted the Pfizer pill, approved two weeks before Wall Street expected, will generate peak annual sales of at least $ 2.5 billion. Sales could be considerably higher, he said, if Xeljanz is also eventually approved for psoriasis, inflammatory bowel disease and other inflammatory conditions.

Rheumatoid arthritis and related diseases have been one of the most lucrative segments for drugmakers, with more than $ 20 billion in annual sales.

Rheumatoid arthritis is an autoimmune disease in which the body’s immune system mistakenly attacks healthy tissue, causing inflammation and pain in the joints. It affects an estimated 1.5 million Americans, the FDA said.

An estimated 30 percent to 40 percent of patients with rheumatoid arthritis do not respond to available drugs, meaning there is room for other options.

Pfizer’s drug works by blocking molecules called Janus kinases which are linked to joint inflammation. The drug was associated with an increased risk of serious infections, tuberculosis, cancers and lymphoma. Humira, Embrel and Remicade also make patients more prone to serious infections and other complications.

The FDA said it approved the drug with a risk evaluation and mitigation strategy, requiring safety information on the drug’s package insert label and a communication plan to inform healthcare workers about its risks.

The agency is also requiring Pfizer to conduct a postmarketing study to evaluate the drug’s long terms effects on heart disease, cancer and serious infections.

Pfizer shares rose 1.5 percent in after-hours trade to $ 25.09.

(Reporting By Ransdell Pierson; Editing by Leslie Adler, David Gregorio and Carol Bishopric)

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Voting Goes From Inalienable Right to Bragging Right

A woman I went to high school with voted for Barack Obama today. I know this because she posted a picture of her ballot to Facebook (FB). She quickly deleted it—perhaps because, according to the Citizen Media Law Project, doing so in Illinois, where she lives, is actually illegal—but not before five other people took self-portraits of themselves wearing their “I voted!” stickers. Media outlets are in on the game, too; the New York Times is soliciting readers’ stylized Instagram photos while NPR wants to know what’s on people’s election-night playlist.

Do people make election-night playlists? Then how do they listen to Wolf Blitzer? This year, voting in America has moved from an inalienable right to a bragging right. It’s the democratic equivalent of telling everyone how well you’re sticking to your diet.

Social media has changed since the 2008 election, when Sarah Palin impersonations abounded on YouTube (GOOG) but the Internet had not yet become infatuated with sepia-toning its every move. There were 10.3 million tweets about the Denver presidential debate last month—of which, I admit, I contributed at least a dozen. That’s one tweet for every 14 people who reportedly watched it. Today, Facebook is tracking the number of people who clicked on its “I voted” prompt in real time. But how useful are these statistics? The site currently shows that only 8 percent of its self-identified voters are over age 55, while in 2008 that age group had a voter turnout of roughly 70 percent. And for some reason, nearly twice as many women have voted on Facebook as men. Maybe that’s because Lena Dunham has asked them to tweet pictures of the outfits they’re wearing to the polls.

In a way, this is an unofficial grassroots version of Rock the Vote, the nonpartisan organization that tried to get young people to the polls by making the democratic process seem cool. But can you actually guilt-trip someone into voting with a Thomas Jefferson quote translated into LOL-speak and a picture of a sticker? Or change someone’s mind with a grammatically incorrect, all-caps rant about a candidate? Who are these pictures for, anyway?

I can’t wait until next week, when we’ll go back to posting pictures of our lunch.

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Officials: New mass graves found in Ivory Coast

ABIDJAN, Ivory Coast (AP) — Up to 10 new mass graves have been discovered near the site of a July attack on a camp for displaced people, officials said Tuesday, amid allegations that initial casualty totals were downplayed to mask killings carried out by the national army.

Rights groups claim summary executions were carried out by the Republican Forces of Ivory Coast, known by its French acronym of FRCI. Last month, officials found six bodies in a well close to the former campsite in the western town of Duekoue.

Government, army and U.N. officials toured 10 more graves in the same area on Saturday, said Paul Mondouho, vice-mayor of Duekoue. He said the graves had first been identified by civilians, and that officials did not know the number of bodies they contained because they had not yet been properly exhumed.

“People were suspecting the presence of bodies in these graves because of the smell coming out of them and because of the shoes we saw nearby,” Mondouho said.

Prosecutor Noel Dje Enrike Yahau, who is based in the commercial capital of Abidjan, confirmed that multiple new graves had been discovered but could not provide details. U.N. officials and the local prosecutor in charge of investigating the suspected killings could not be reached Tuesday.

U.N. spokeswoman Sylvie van den Wildenberg confirmed that U.N. forces helped Ivorian authorities secure a perimeter around 10 wells “similar to the one in which six bodies were found,” and that “some of those wells are suspected mass graves.”

She stressed that Ivorian authorities were leading the investigation but that the U.N. was able to provide assistance.

Army spokesmen could not be reached Tuesday. The Justice Ministry has previously vowed to investigate the discovery of the initial grave.

On the morning of July 20, a mob descended on the U.N.-guarded Nahibly camp, which housed 4,500 people displaced by violence in Ivory Coast, burning most of the camp to the ground. Officials said at the time that six people were killed.

The attack was prompted by the shooting deaths of four men and one woman on the night of July 19, according to local officials and residents. In response a mob of some 300 people overran the camp on the morning of July 20 after the perpetrators of the shootings reportedly fled there.

The victims in the July 19 attack lived in a district dominated by the Malinke ethnic group, which largely supported President Alassane Ouattara in the disputed November 2010 election. The camp primarily housed members of the Guere ethnic group, which largely supported former President Laurent Gbagbo.

Gbagbo’s refusal to cede office despite losing the election to Ouattara sparked months of violence that claimed at least 3,000 lives.

Albert Koenders, the top U.N. envoy to Ivory Coast, said one week after the attack that U.N. security forces had been inside and outside the camp at the time but that no Ivorian security forces were present. He said the U.N. forces decided not to fire at a large group of people that were attacking the camp in order to avoid “a massacre.”

Several witnesses have said soldiers and traditional hunters, known as dozos, participated in the attack on the camp. Both military and dozo leaders have denied the claims, saying they had tried to protect the camp.

In a statement released Friday, the International Federation for Human Rights, known by its French acronym of FIDH, said it had information — including the preliminary results of autopsies — confirming that the six bodies found in October were men who had been summarily executed by the army.

“The disappearance of dozens of displaced persons after the attack, as well as confirmation of cases of summary and extra-judicial executions, suggest a much higher victim rate than the official figures report,” said the organization, which counts Ivorian civil society groups among its members.

Duekoue was one of the hardest-hit towns during the post-election violence. The U.N. has established that at least 505 people were killed in and around the town, including during a notorious March 2011 massacre that claimed hundreds of lives and was allegedly carried out by fighters loyal to Ouattara.

Duekoue residents belonging to ethnic groups that supported Gbagbo have long complained about abuses carried out by the FRCI, with some pointing to the direct involvement of the local commander, Kone Daouda. FIDH said in its statement that Daouda had been transferred following the discovery of the grave in October, and called for him to be interrogated over the matter.

The group also said two FRCI members were being “actively sought” after failing to return to their barracks on Oct. 16, noting that they are believed to have fled to neighboring Burkina Faso.

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U.S. judge tosses Apple vs. Google lawsuit over patents

(Reuters) – An Apple lawsuit against Google‘s Motorola Mobility unit over alleged patent abuse was thrown out on Monday just hours before trial, a setback for the iPhone maker in its efforts to gain leverage in the smartphone patent wars.

The two rivals were set to square off in a Madison, Wisconsin federal court over the library of patents Google Inc acquired along with Motorola for $ 12.5 billion in May. Apple Inc claimed Motorola‘s licensing practices were unfair.

However, late last week District Judge Barbara Crabb questioned whether she had the legal authority to hear Apple‘s claims, and on Monday she dismissed the case.

A Google spokeswoman said the company was pleased with the order, while an Apple representative declined to comment. In a legal brief filed after Crabb’s ruling, Apple contended that the judge does indeed have the authority to hear its claims.

Lea Shaver, an intellectual property professor at Indiana University School of Law, said a ruling against Google would have diminished Motorola‘s patents as an effective bargaining chip in settlement negotiations.

“This puts Apple back into the position it was before,” Shaver said.

Apple and Microsoft Corp have been litigating in courts around the world against Google and partners like Samsung Electronics Co Ltd, which use the Android operating system on their mobile devices.

Apple contends that Android is basically a copy of its iOS smartphone software, and Microsoft holds patents that it contends cover a number of Android features. Microsoft is set for a trial against Motorola in Seattle next week in a case with similar issues as the Apple matter in Wisconsin.

Apple and Microsoft accuse Google of demanding too high a royalty for some of its so-called standard essential patents. Motorola promised to license those patents on fair terms, they argue, in exchange for Motorola technology being adopted as an industry standard.

In Wisconsin, Crabb had ruled during the run-up to trial that she might decide what a fair royalty for Motorola‘s patents should be.

However, in a court filing last week, Apple argued that it would not consider itself bound by Crabb’s rate if it exceeded $ 1 per Apple phone.

Given Apple‘s position, Crabb questioned whether she had the power to issue merely an advisory opinion. “It has become clear that Apple‘s interest in a license is qualified,” Crabb wrote on Friday.

Microsoft, by contrast, has agreed to live with whatever terms U.S. District Judge James Robart sets at the Seattle trial.

In Wisconsin, the trial was scheduled to begin Monday afternoon in Madison, but Crabb dismissed the case during a morning hearing. If Apple cannot convince Crabb to reconsider, then the matter could be appealed.

In its statement, Google said Motorola has long offered licensing at reasonable rates. “We remain interested in reaching an agreement with Apple,” the company said.

The case in U.S. District Court, Western District of Wisconsin is Apple Inc. v. Motorola Mobility Inc., No. 11-cv-178.

(Reporting By Alexei Oreskovic in San Francisco; Additional reporting by Dan Levine in San Francisco; Editing by Leslie Adler and Tim Dobbyn)

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Rare John Lennon letter to Eric Clapton up for auction

LOS ANGELES (Reuters) – John Lennon held out the promise he could bring out more musical greatness in legendary guitarist Eric Clapton in a letter that could fetch as much as $ 30,000 when it is sold at auction next month, the organizers of the sale said on Monday.

The signed, hand-written letter by the Beatle, who died in 1980 at the age of 40, is one of a selection from some of the world’s great musicians that will go under the hammer in Los Angeles at the Profiles in History auction on December 18.

In a draft letter dated September 29, 1971, Lennon expressed his respect and admiration for British guitarist Clapton and suggested that they form a band together.

“Eric, I know I can bring out something great, in fact greater in you that had been so far evident in your music. I hope to bring out the same kind of greatness in all of us, which I know will happen if/when we get together,” Lennon wrote in the letter.

The letter will hold special significance for Beatles fans as auctioneer Joe Maddalena said it was widely known that there were problems in the Fab Four’s relationships with each other, and that Clapton had almost become a Beatle.

Clapton played in the Plastic Ono Band, formed by Lennon and Yoko Ono in 1969 before the breakup of the Beatles in 1970. He also played on the George Harrison song “While My Guitar Gently Weeps”, which was on the Beatles’ White Album.

“There was a point in time when George Harrison thought about leaving the band and his replacement was Clapton, so this letter is a link of what could have been,” Maddalena said.

The letter is one of 300 manuscripts and letters from literary, musical and political greats, that will be auctioned from the holdings of an American collector.

“What we know of history is from the written word, without these letters, it would all be verbal. It’s a really unique area of collecting as you’re getting a glimpse into people’s minds,” Maddalena said.

Other highlights include a handwritten letter from George Washington, with a pre-sale estimate of up to $ 300,000, and a Charles Dickens manuscript with an obituary of novelist William Thackeray, expected to fetch between $ 40,000 and $ 60,000.

Also on the auction block is a signed, handwritten letter from German composer Ludwig van Beethoven to Tobias Haslinger, a friend of his publisher, in which the musician discussed the second performance of his Ninth Symphony and the Missa Solemnis, two of his most revered works.

The letter, written in German, is undated, but both the Ninth Symphony and Missa Solemnis debuted in performances in 1824. Because of the rarity of the letter, it is estimated it will sell for between $ 40,000 and $ 60,000.

Other items going under the hammer include a signed letter in Russian by composer Peter Ilyich Tchaikovsky, which has a pre-sale estimate of $ 10,000 to $ 15,000, and a letter by composer George Gershwin dated March 24, 1932, in which he compares his compositions “Rhapsody in Blue” and “An American in Paris”.

The Gershwin letter is expected to sell for as much as $ 3,000, according to the auction house.

(Reporting By Piya Sinha-Roy; editing by Patricia Reaney; and Peter Galloway)

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