U.S. court voids drug rep’s conviction, cites free speech

NEW YORK (Reuters) – A divided federal appeals court on Monday threw out the conviction of a sales representative for promoting off-label use of a prescription drug, a ruling that could make it harder for the government to police how drugs are marketed and sold.

The 2nd U.S. Circuit Court of Appeals in New York found that the sales representative’s free speech rights under the First Amendment had been violated.

“In the fields of medicine and public health, where information can save lives, it only furthers the public interest to ensure that decisions about the use of prescription drugs, including off-label usage, are intelligent and well-informed,” Circuit Judge Denny Chin wrote for a 2-1 majority.

The decision overturned the October 2008 conviction of Alfred Caronia, a sales representative for Orphan Medical Inc, now part of Jazz Pharmaceuticals Plc.

Using drugs “off-label” means that they are taken for conditions other than those for which they received U.S. Food and Drug Administration approval.

Many large healthcare settlements with the U.S. government have involved off-label promotions, including GlaxoSmithKline Plc’s $ 3 billion accord in July over several medicines, and Pfizer Inc’s $ 2.3 billion accord in 2009 over treatments such as the anti-inflammatory drug Bextra.

Matthew Bennett, vice-president of the Pharmaceutical Research and Manufacturers of America, an industry lobby, in a statement said the group was “pleased that the Second Circuit has recognized that the FDA‘s ability to regulate communication about medicines is circumscribed by the rights protected by the First Amendment.”

An FDA spokeswoman declined to comment. The U.S. Justice Department, which prosecuted Caronia, did not immediately respond to a request for comment.

CONSPIRACY CONVICTION

Caronia had appealed his conviction by a Brooklyn, New York, jury on one count of conspiracy for introducing a misbranded drug into interstate commerce, violating the federal Food, Drug & Cosmetic Act.

He was sentenced to one year of probation plus 100 hours of community service for the misdemeanor.

The drug was Xyrem, which won FDA approval in July 2002 to treat patients with narcolepsy, a condition associated with weak muscles, and in November 2005 to treat patients with excessive daytime sleepiness linked to narcolepsy.

Prosecutors said that in October 2005, prior to the second FDA approval, Caronia had improperly promoted Xyrem for “off-label” uses including excessive daytime sleepiness, muscle disorders, chronic pain and fatigue.

But Caronia said it should not be a crime for drug companies and sales representatives to truthfully promote FDA-approved drugs for legal, off-label uses when others, like doctors, may engage in such speech without penalty.

The 2nd Circuit agreed, noting that the U.S. Supreme Court had in 2011 found that speech that aided in drug marketing was a form of constitutionally protected expression.

Chin rejected the government’s contentions that restrictions were needed to stop the non-approved usage of drugs, and preserve the efficacy of the FDA drug approval process.

“The First Amendment directs us to be especially skeptical of regulations that seek to keep people in the dark for what the government perceives to be their own good,” Chin wrote.

Chin made clear in a footnote that off-label promotion that is false or misleading does not get First Amendment protection.

NO MORE GUESSWORK

Thomas Liotti, a lawyer for Caronia, welcomed the decision.

“If physicians can talk about alternative uses of drugs among themselves, it doesn’t seem to make any sense that others cannot,” he said in a phone interview.

He said the decision “increases the marketability of drugs, and means consumers can be fully informed by sales representatives, manufacturers and their own physicians.”

Chin was joined in the majority by Circuit Judge Reena Raggi.

Circuit Judge Debra Ann Livingston dissented. She called the case indistinguishable from a 2004 case in which a unanimous panel of the federal appeals court in Washington, D.C., including then-judge and current U.S. Chief Justice John Roberts, found no First Amendment protection.

“The majority calls into question the very foundations of our century-old system of drug regulation,” Livingston wrote. “I do not believe that the Supreme Court’s precedents compel such a result.”

The case is U.S. v. Caronia, 2nd U.S. Circuit Court of Appeals, No. 09-cr-5006.

(Reporting by Jonathan Stempel; Additional reporting by David Ingram in Washington, D.C.; Editing by Steve Orlofsky and Vicki Allen)

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Marine special operations team members honored

CAMP PENDLETON, Calif. (AP) — Navy Secretary Ray Mabus on Monday honored four members of a Marine special operations team in a rare public ceremony for those who have served in the covert forces.

In a ceremony at Camp Pendleton, Calif., Mabus awarded Marine Sgt. William Soutra Jr. the Navy Cross, the Navy's highest honor and the military's second highest honor, for tending to the wounded while guiding the platoon to safety during an attack in Afghanistan's Helmand Province in July 2010 that spanned over two days.

Three others on his team, including a Navy corpsman, were given Silver Stars.

Often the heroic actions of those on special operations teams are only known to each other and the leadership because of their covert work on classified missions.

"This is a chance to recognize people who don't get recognized much," Mabus said.

Soutra was a canine handler with a Marine special operations team when they were ambushed. After the team's assistant leader was fatally wounded by an enemy explosive during the ambush, Soutra jumped into action, repeatedly running into the line of fire as he helped direct troops to defend themselves and fight off the enemy, Mabus said.

At one point, the 27-year-old Marine from Worcester, Mass., placed a tourniquet on a wounded commando, before dragging him to a ditch for cover. He worked tirelessly for more than an hour after the initial blast and helped carry casualties through the sporadic gunfire, officials said.

His military dog stayed attached to his side during the ordeal. The dog had to be put down more than a year ago because it had cancer.

Maj. James Rose, Staff Sgt. Frankie Shinost Jr. and Navy Corpsman Patrick Quill were given Silver Stars for their actions that day.

The four men called it a horrible day because they lost their element leader, Staff Sgt. Chris Antonik.

"Every day I think about Chris," said Soutra, calling him a close friend and great warrior.

Soutra vowed to try to carry on as the kind of warrior that would make Antonik proud.

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Egypt’s anti-Morsi rebellion of judges is complete

CAIRO (AP) — Egypt‘s rebellion of the judges against President Mohammed Morsi became complete on Sunday with the country’s highest court declaring an open-ended strike on the day it was supposed to rule on the legitimacy of two key assemblies controlled by allies of the Islamist leader.

The strike by the Supreme Constitutional Court and opposition plans to march on the presidential palace on Tuesday take the country’s latest political crisis to a level not seen in the nearly two years of turmoil since Hosni Mubarak‘s ouster in a popular uprising.

Judges from the country’s highest appeals court and its sister lower court were already on an indefinite strike, joining colleagues from other tribunals who suspended work last week to protest what they saw as Morsi‘s assault on the judiciary.

The last time Egypt had an all-out strike by the judiciary was in 1919, when judges joined an uprising against British colonial rule.

The standoff began when Morsi issued decrees on Nov. 22 giving him near-absolute powers that granted himself and the Islamist-dominated assembly drafting the new constitution immunity from the courts.

The constitutional panel then raced in a marathon session last week to vote on the charter’s 236 clauses without the participation of liberal and Christian members. The fast-track hearing pre-empted a decision from the Supreme Constitutional Court that was widely expected to dissolve the constituent assembly.

The judges on Sunday postponed their ruling on that case just before they went on strike.

Without a functioning justice system, Egypt will be plunged even deeper into turmoil. It has already seen a dramatic surge in crime after the uprising, while state authority is being challenged in many aspects of life and the courts are burdened by a massive backlog of cases.

“The country cannot function for long like this, something has to give,” said Negad Borai, a private law firm director and a rights activist. ‘We are in a country without courts of law and a president with all the powers in his hands. This is a clear-cut dictatorial climate,” he said.

Mohamed Abdel-Aziz, a rights lawyer, said the strike by the judges will impact everything from divorce and theft to financial disputes that, in some cases, could involve foreign investors.

“Ordinary citizens affected by the strike will become curious about the details of the current political crisis and could possibly make a choice to join the protests,” he said.

The Judges Club, a union with 9,500 members, said late Sunday that judges would not, as customary, oversee the national referendum Morsi called for Dec. 15 on the draft constitution hammered out and hurriedly voted on last week.

The absence of their oversight would raise more questions about the validity of the vote. If the draft is passed in the referendum, parliamentary elections are to follow two months later and they too may not have judicial supervision.

The judges say they will remain on strike until Morsi rescinds his decrees, which the Egyptian leader said were temporary and needed to protect the nation’s path to democratic rule.

For now, however, Morsi has to contend with the fury of the judiciary.

The constitutional court called Sunday “the Egyptian judiciary’s blackest day on record.”

It described the scene outside the Nile-side court complex, where thousands of Islamist demonstrators gathered since the early morning hours carrying banners denouncing the tribunal and some of its judges.

A statement by the court, which swore Morsi into office on June 30, said its judges approached the complex but turned back when they saw the protesters blocking entrances and climbing over its fences. They feared for their safety, it added.

“The judges of the Supreme Constitutional Court were left with no choice but to announce to the glorious people of Egypt that they cannot carry out their sacred mission in this charged atmosphere,” said the statement, which was carried by state news agency MENA.

Supporters of Morsi, who hails from the Islamic fundamentalist Muslim Brotherhood, claim that the court’s judges remain loyal to Mubarak, who appointed them, and accuse them of trying to derail Egypt’s transition to democratic rule.

In addition to the high court’s expected ruling Sunday on the legitimacy of the constitution-drafting panel, it was also expected to rule on another body dominated by Morsi supporters, parliament’s upper chamber.

Though Morsi’s Nov. 22 decrees provide immunity to both bodies against the courts, a ruling that declares the two illegitimate would have vast symbolic significance, casting doubt on the standing of both.

The Brotherhood’s political arm, the Freedom and Justice party, sought to justify the action of its supporters outside the court as a peaceful protest. It reiterated its charge that some members of the judiciary were part and parcel of Mubarak’s autocratic policies.

“The wrong practices by a minority of judges and their preoccupation with politics … will not take away the respect people have for the judiciary,” it said.

Its explanation, however, failed to calm the anger felt by many activists and politicians.

“President Morsi must take responsibility before the entire world for terrorizing the judiciary,” veteran rights campaigner and opposition leader Abdel-Halim Kandil wrote in his Twitter account about the events outside the constitutional court.

Liberal activist and former lawmaker Amr Hamzawy warned what is ahead may be worse.

“The president and his group (the Muslim Brotherhood) are leading Egypt into a period of darkness par excellence,” he said. “He made a dictatorial decision to hold a referendum on an illegal constitution that divides society, then a siege of the judiciary to terrorize it.”

Egypt has been rocked by several bouts of unrest, some violent, since Mubarak was forced to step down in the face of a popular uprising. But the current one is probably the worst.

Morsi’s decrees gave him powers that none of his four predecessors since the ouster of the monarchy 60 years ago ever had. Opposition leaders countered that he turned himself into a new “pharaoh” and a dictator even worse than his immediate predecessor Mubarak.

Then, following his order, the constituent assembly rushed a vote on the draft constitution in an all-night session.

The draft has a new article that seeks to define what the “principles” of Islamic law are by pointing to theological doctrines and their rules. Another new article states that Egypt’s most respected Islamic institution, Al-Azhar, must be consulted on any matters related to Shariah law, a measure critics fear could lead to oversight of legislation by clerics.

Rights groups have pointed out that virtually the only references to women relate to the home and family, that the new charter uses overly broad language with respect to the state protecting “ethics and morals” and fails to outlaw gender discrimination.

At times the process appeared slap-dash, with fixes to missing phrasing and even several entirely new articles proposed, written and voted on in the hours just before sunrise.

The decrees and the vote on the constitution draft galvanized the fractured, mostly secular opposition, with senior leaders setting aside differences and egos to form a united front in the face of Morsi, whose offer on Saturday for a national dialogue is yet to find takers.

The opposition brought out at least 200,000 protesters to Cairo’s Tahrir Square on Tuesday and a comparable number Friday to press demands that the decrees be rescinded. The Islamists responded Saturday with massive rallies in Cairo and across much of Egypt.

The opposition is raising the stakes with plans to march on Morsi’ palace on Tuesday, a move last seen on Feb. 11, 2011 when tens of thousands of protesters marched from Tahrir Square to Mubarak’s palace in the Heliopolis district to force him out. Mubarak stepped down that day, but Morsi is highly unlikely to follow suit on Tuesday.

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Nintendo president apologizes for bulky day-one Wii U firmware update

As we noted in our first impressions, Nintendo’s (NTDOY) Wii U is charting new ground with its wireless GamePad and touchscreen controls that engage gamers in the living room like never before. But before you can even set up the Wii U, a mandatory firmware update is required upon power up. Gamers everywhere were frustrated to learn that the firmware update, which is pegged anywhere between 1GB and 5GB, takes hours to download and could even ”brick” new consoles if the power was cut off. In an email conversation with IGN, Nintendo’s global president and CEO Satoru Iwata said was “very sorry” that Wii U owners were experiencing network issues and that other services such as Nintendo TVii weren’t available at launch. Iwata said he believes “users should be able to use all the functions of a console video game machine as soon as they open the box.” 

Gone are the days when electronics are sold as finished products with set features out of the box. It has become normal for today’s connected electronics to require frequent firmware updates and patches to fix compatibility with other gadgets and to add new features. At what point should consumers stop tolerating devices that don’t work immediately after unboxing? The way we see it, the answer might be “never,” as it’s hard to argue against the fact that new software updates breathe new life into aging consoles.

Iwata also explained that the Wii U’s “Miiverse” online service isn’t meant to replicate existing services such as Xbox LIVE.

“We have not thought that offering the same features that already exist within other online communities would be the best proposal for very experienced game players,” Iwata told IGN.

Nintendo fans can read more Nintendo nuggets over at IGN’s feature that includes mention of a new 3D Super Mario and Zelda game.

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Senators urge Obama to release more water into Mississippi River

WASHINGTON (Reuters) – Sixteen U.S. senators have appealed to President Barack Obama to divert more water to the Mississippi River to prevent barge traffic from shutting down due to low water on the country’s inland waterway, a crucial route for goods bound for export.

Low water is a looming disaster, said the senators in a letter to Obama that was released on Friday.

The senators, from states along the Mississippi and Missouri rivers, asked for emergency action to release more water from Missouri River reservoirs to feed the drought-sapped Mississippi River.

Water levels are forecast to reach near-historic lows by mid-December, and shippers say low water will make it impossible to move cargo. Grain exporters have already slashed by up to 50 percent the weight of cargo shipped by barges on the Mississippi River to the Gulf of Mexico.

“Substantial curtailment of navigation will effectively sever the country’s inland waterway superhighway, imperil the shipment of critical cargo for domestic consumption and for export, threaten manufacturing industries and power generation, and risk thousands of related jobs in the Midwest,” wrote the senators.

Signing the letter were senators Chuck Grassley and Tom Harkin of Iowa; Roy Blunt and Claire McCaskill of Missouri; Mark Pryor and John Boozman of Arkansas; Al Franken and Amy Klobuchar of Minnesota; Mary Landrieu and David Vitter of Louisiana; Thad Cochran and Roger Wicker of Mississippi; Mark Kirk of Illinois; Lamar Alexander of Tennessee; Joe Manchin of West Virginia; and Sherrod Brown of Ohio.

The U.S. Army Corps of Engineers has been battling extreme low-water conditions on the Mississippi for months following the country’s worst drought in half a century.

(Reporting By Charles Abbott; editing by Jim Marshall)

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Clinton in Prague to lobby for Westinghouse nuclear bid

PRAGUE (Reuters) – U.S. Secretary of State Hillary Clinton will seek to convince Czech leaders of the advantages of picking U.S. firm Westinghouse over a Russian rival as the contractor for a $ 10 billion nuclear reactor project in meetings in Prague on Monday.

U.S. officials traveling with Clinton to Prague said the Temelin nuclear power project could bring as many as 9,000 jobs to the United States and would help diversify the Czech Republic‘s energy supply away from Russia.

Majority state-owned Czech firm CEZ applied on Friday to build two new blocks at its 2,000 megawatt Temelin nuclear power plant, in what would be the European country’s biggest energy deal.

Westinghouse, a unit of Japanese firm Toshiba Corp, is competing with Russia’s Atomstroyexport, which is bidding in a consortium with a Russian-owned Czech group.

U.S. officials said formal negotiations between the two bidders and the Czech government are expected to start in December, with a decision on the contractor expected in the spring.

Clinton is due to meet Prime Minister Petr Necas and Foreign Minister Karel Schwarzenberg on Monday morning.

“There will be the opportunity for the Secretary to support … Westinghouse,” a senior State Department official told reporters.

“It could be great in lots of ways – for American jobs, American companies, for energy security and diversity in the Czech Republic, for jobs in the Czech Republic and for a scientific and innovation partnership with the United States.”

Clinton would stress Westinghouse’s safety record given concerns about nuclear reactors after the Fukushima disaster in Japan last year, he said.

The U.S. side will also stress the advantage of reducing the Czech Republic’s reliance on Russia for energy. According to U.S. officials, the country currently gets 60 percent of its oil, 70 percent of its gas, and 100 percent of its nuclear reactor fuel from Russia.

“We think there’s an awful lot to be said for this (choosing Westinghouse) in terms of energy security and diversifying sources.”

Clinton will also discuss energy security with EU officials in Brussels on Wednesday.

CEZ, central Europe’s biggest energy group, with a market capitalization of $ 18.2 billion, threw out a bid from French firm Areva in October, because it failed to meet “crucial requirements.”

Clinton’s visit to Prague follows one by U.S. Assistant Secretary of Commerce Nicole Lamb-Hale last week. Lamb-Hale said the U.S. Export-Import Bank was interested in financing the deal if Westinghouse were picked.

The Czech Republic’s bid to expand its nuclear capacity has run into opposition from neighbors Austria and Germany. Clinton will share a conference table with the foreign ministers of these countries, as well as with Russia, when she attends a meeting of the NATO military alliance in Brussels on Tuesday and Wednesday.

Many Czech officials fear an over reliance on Russian energy will put their country under too much influence from its former communist master. After the end of the Cold War and the collapse of the former Soviet Union, Prague became a close ally of the United States.

The Russian bidders have sought to allay Czech fears about Moscow and stressed that there would be a high participation rate by domestic firms if they won the tender.

(Editing by Stacey Joyce)

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Obama salutes entertainers taking a Washington bow

WASHINGTON (Reuters) - Music legend Led Zeppelin was recognized on Sunday alongside entertainers from stage and screen for their contributions to the arts and American culture at the Kennedy Center Honors, lifetime achievement awards for performing artists.

The eclectic tribute in Washington, alternated between solemn veneration and lighthearted roasting of honorees Academy Award-winning actor Dustin Hoffman, wisecracking late-night talk show host David Letterman, blues guitar icon Buddy Guy, ballerina Natalia Makarova and Led Zeppelin.

"I worked with the speechwriters - there is no smooth transition from ballet to Led Zeppelin," President Barack Obama deadpanned while introducing the honorees in a ceremony in the White House East Room.

Friends, contemporaries and a new generation of artists influenced by the honorees took the stage in tribute.

"Dustin Hoffman is a pain the ass," actor Robert DeNiro said in introducing Hoffman, the infamously perfectionist star of such celebrated films as "The Graduate" and "Tootsie."

"And he inspired me to be a bit of a pain in the ass too," DeNiro said with a big smile.

At a weekend dinner for the winners at the State Department, Secretary of State Hillary Clinton noted that the performing arts often requires a touch of diplomacy as she toasted Makarova, a dance icon in the former Soviet Union when she defected in 1970.

Tiler Peck of the New York City Ballet, who performed in "Other Dances," one of Makarova's signature roles, said she has studied her idol's technique for years.

"This is a role she created," Peck said.

Despite the president's misgivings about his own speech, the performance at the Kennedy Center navigated the transition from refined ballet to gritty blues music when the spotlight turned to Guy, a sharecropper's son who made his first instrument with wire scrounged from around his family's home in rural Louisiana.

"He's one of the most idiosyncratic and passionate blues greats, and there are not many left of that original generation...," said Bonnie Raitt, who as an 18-year-old blues songstress was often the warm-up act for Guy.

George "Buddy" Guy, 76, was a pioneer in the Chicago blues style that pushed the sound of electrically amped guitar to the forefront of the music.

"You mastered the soul of gut bucket," actor Morgan Freeman told the Kennedy Center audience. "You made a bridge from roots to rock 'n roll."

In a toast on Saturday night, former President Bill Clinton talked of Guy's impoverished upbringing and how he improvised a guitar from the strands of a porch screen, paint can and his mother's hair pins.

"In Buddy's immortal phrase, the blues is 'Something you play because you have it. And when you play it, you lose it.'"

It was a version of the blues that drifted over the Atlantic to Britain and came back in the finger-rattling rock sound of Led Zeppelin.

Jimmy Page, 68, was the guitar impresario who anchored the compositions with vocalist Robert Plant, 64, howling and screeching out the soul. Bassist/keyboardist John Paul Jones, 66, rounded out the band with drummer John Bonham, who died in 1980.

The incongruity of the famously hard-partying rock stars sitting in black tie under chandeliers at a White House ceremony was not lost on Obama.

"Of course, these guys also redefined the rock and roll lifestyle," the president said, to laughter and sheepish looks from the band members.

"So it's fitting that we're doing this in a room with windows that are about three inches thick - and Secret Service all around," Obama said. "So, guys, just settle down."

The gala will be aired on CBS television on December 26.

(Reporting By Patrick Rucker and Mark Felsenthal)

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Egypt’s Mursi calls referendum as Islamists march

CAIRO (Reuters) – Egypt‘s President Mohamed Mursi called a December 15 referendum on a draft constitution on Saturday as at least 200,000 Islamists demonstrated in Cairo to back him after opposition fury over his newly expanded powers.

Speaking after receiving the final draft of the constitution from the Islamist-dominated assembly, Mursi urged a national dialogue as the country nears the end of the transition from Hosni Mubarak‘s rule.

“I renew my call for opening a serious national dialogue over the concerns of the nation, with all honesty and impartiality, to end the transitional period as soon as possible, in a way that guarantees the newly-born democracy,” Mursi said.

Mursi plunged Egypt into a new crisis last week when he gave himself extensive powers and put his decisions beyond judicial challenge, saying this was a temporary measure to speed Egypt’s democratic transition until the new constitution is in place.

His assertion of authority in a decree issued on November 22, a day after he won world praise for brokering a Gaza truce between Israel and the Palestinian Islamist Hamas movement, dismayed his opponents and widened divisions among Egypt’s 83 million people.

Two people have been killed and hundreds wounded in protests by disparate opposition forces drawn together and re-energized by a decree they see as a dictatorial power grab.

A demonstration in Cairo to back the president swelled through the afternoon, peaking in the early evening at least 200,000, said Reuters witnesses, basing their estimates on previous rallies in the capital. The authorities declined to give an estimate for the crowd size.

“The people want the implementation of God’s law,” chanted flag-waving demonstrators, many of them bussed in from the countryside, who choked streets leading to Cairo University, where Mursi’s Muslim Brotherhood had called the protest.

Tens of thousands of Egyptians had protested against Mursi on Friday. “The people want to bring down the regime,” they chanted in Cairo‘s Tahrir Square, echoing the trademark slogan of the revolts against Hosni Mubarak and Arab leaders elsewhere.

Rival demonstrators threw stones after dark in the northern city of Alexandria and a town in the Nile Delta. Similar clashes erupted again briefly in Alexandria on Saturday, state TV said.

“COMPLETE DEFEAT”

Mohamed Noshi, 23, a pharmacist from Mansoura, north of Cairo, said he had joined the rally in Cairo to support Mursi and his decree. “Those in Tahrir don’t represent everyone. Most people support Mursi and aren’t against the decree,” he said.

Mohamed Ibrahim, a hardline Salafi Islamist scholar and a member of the constituent assembly, said secular-minded Egyptians had been in a losing battle from the start.

“They will be sure of complete popular defeat today in a mass Egyptian protest that says ‘no to the conspiratorial minority, no to destructive directions and yes for stability and sharia (Islamic law)’,” he told Reuters.

Mursi has alienated many of the judges who must supervise the referendum. His decree nullified the ability of the courts, many of them staffed by Mubarak-era appointees, to strike down his measures, although says he respects judicial independence.

A source at the presidency said Mursi might rely on the minority of judges who support him to supervise the vote.

“Oh Mursi, go ahead and cleanse the judiciary, we are behind you,” shouted Islamist demonstrators in Cairo.

Mursi, once a senior Muslim Brotherhood figure, has put his liberal, leftist, Christian and other opponents in a bind. If they boycott the referendum, the constitution would pass anyway.

If they secured a “no” vote to defeat the draft, the president could retain the powers he has unilaterally assumed.

And Egypt’s quest to replace the basic law that underpinned Mubarak’s 30 years of army-backed one-man rule would also return to square one, creating more uncertainty in a nation in dire economic straits and seeking a $ 4.8 billion loan from the IMF.

“NO PLACE FOR DICTATORSHIP”

Mursi’s well-organized Muslim Brotherhood and its ultra-orthodox Salafi allies, however, are convinced they can win the referendum by mobilizing their own supporters and the millions of Egyptians weary of political turmoil and disruption.

“There is no place for dictatorship,” the president said on Thursday while the constituent assembly was still voting on a draft constitution which Islamists say enshrines Egypt’s new freedoms.

Human rights groups have voiced misgivings, especially about articles related to women’s rights and freedom of speech.

The text limits the president to two four-year terms, requires him to secure parliamentary approval for his choice of prime minister, and introduces a degree of civilian oversight over the military – though not enough for critics.

The draft constitution also contains vague, Islamist-flavored language that its opponents say could be used to whittle away human rights and stifle criticism.

For example, it forbids blasphemy and “insults to any person”, does not explicitly uphold women’s rights and demands respect for “religion, traditions and family values”.

The draft injects new Islamic references into Egypt’s system of government but retains the previous constitution’s reference to “the principles of sharia” as the main source of legislation.

“We fundamentally reject the referendum and constituent assembly because the assembly does not represent all sections of society,” said Sayed el-Erian, 43, a protester in Tahrir and member of a party set up by opposition figure Mohamed ElBaradei.

Several independent newspapers said they would not publish on Tuesday in protest. One of the papers also said three private satellite channels would halt broadcasts on Wednesday.

Egypt cannot hold a new parliamentary election until a new constitution is passed. The country has been without an elected legislature since the Supreme Constitutional Court ordered the dissolution of the Islamist-dominated lower house in June.

The court is due to meet on Sunday to discuss the legality of parliament’s upper house.

“We want stability. Every time, the constitutional court tears down institutions we elect,” said Yasser Taha, a 30-year-old demonstrator at the Islamist rally in Cairo.

(Additional reporting by Marwa Awad, Yasmine Saleh and Tom Perry; Editing by Myra MacDonald and Jason Webb)

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The Boy Genius Report: Microsoft is blowing it and RIM could too

Who would have thought a couple of years ago that Research In Motion (RIMM) would be on the ropes and Microsoft (MSFT) could be getting close? Well, me… but not many others. Microsoft’s latest strategy of trying to make a no compromise tablet has resulted in, you guessed it, compromise. It’s not as polished as an iPad, it’s more limited in almost every possible way, it’s slow, clunky, unresponsive at times, offers a worse display, weighs more, and is thicker. Plus it costs over $ 100 more when you factor in a Touch Cover or Type Cover keyboard. Plus, you can’t even run Windows applications even though you get the actual Windows desktop.

The best part is the Surface Pro. An even more expensive version of the Surface, an even thicker version of the Surface, and an even heavier version of the Surface, and you get a fan to cool your heating tablet when you’re doing your Excel speadsheets or when Outlook keeps freezing — oh my god why does it freeze so much when you’re typing — and you get half the battery life of the current Surface model.

There’s a very big issue with Microsoft’s strategy of no compromise, because time and time again this company fails to realize that the reason Apple (AAPL) is winning is because Apple choses to compromise.

Apple chooses to throw out the USB port, the DVD drive, the kickstand, the fan, the Intel processor. Apple understands that laptops are still useful but at this point in the game, the only use for a multitouch laptop should be in the trackpad. Microsoft is trying to introduce the Surface Pro as your new laptop, except it doesn’t work well is a variety of situations, especially on your lap. Plus, consumers don’t care, and with enterprises and large companies (and small companies) not rushing out to buy brand new computers or brand new software licenses for their employees and workstations due to cost, and the fact that more and more employees are bringing in their own laptops and also asking for Macs, Microsoft has a tremendous problem.

Compounding Windows 8′s failure is the fact that Microsoft is still not prepared for the consumerization of the enterprise world, Microsoft’s bread and butter, and the reason why Microsoft has $ 60 billion in cash. As Windows licenses erode and Office sales slow, Microsoft isn’t going to have another hugely profitable business to rely on — that’s why this is so scary.

Switching to RIM, the company is actually doing a lot of things right in my book. I respect that everyone there has been huddled up, focused on a single product and operating system and put all of their time into getting it as right as they can. Whether that means anything at all, we’ll soon see; RIM has probably been one of the worst players in the mobile space as far as execution is concerned but Thorsten Heins seems to have a better grasp on where the company can take advantage in different markets and at what price point, though RIM’s market share is declining so rapidly that not even BrickBreaker can save the company there.

I have two concerns from a very high level (in-depth thoughts at a later date) about BlackBerry 10 and the devices RIM is introducing on the hardware front. First off, going with a touch only phone first sends the wrong message to me. What is RIM’s biggest strength? Some would say email, some would say security, most would say the keyboard. Introducing a brand new operating system, with a brand new smartphone that doesn’t feature RIM’s fantastic keyboard feels like a marketing blunder. If there is one single reason BlackBerry owners (yes! they do still exist) still have a BlackBerry, it’s for the keyboard.

Yes, I know, there is a QWERTY BlackBerry 10 smartphone coming just a couple of weeks or months after the first touchscreen device, but these two should have been joined at the hip at the very minimum.

My other concern is RIM is already showing a break in the company’s focus by introducing two different screen sizes from the gate. The BlackBerry L-series will have a 1280 x 768 screen resolution and the BlackBerry N-series have a 720 x 720-pixel display. In my time playing with an N-series prototype, this square resolution felt incredibly awkward and it’s now two screen sizes that RIM’s developer community has to account for when making apps. Add this to the fact that RIM has enough trouble getting developers on board — of course Microsoft is having trouble there, too — and this feels like it’s not the most optimal scenario.  

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Seth MacFarlane on “Family Guy” movie: “it’s just a matter of when”

NEW YORK (TheWrap.com) – “Family Guy” creator Seth MacFarlane wants to bring his beloved and controversial Fox show to the big screen, telling students at UCLA on Wednesday that a theatrical version of the show will definitely happen.

“It’s just a matter of when,” MacFarlane said, according to Entertainment Weekly. “It’s hard to do that while you have the series going on at the same time; I think that’s why it took ‘The Simpsons’ 20 seasons to figure out how to do it.”

“Family Guy,” which is in its 11th season, has made MacFarlane one of the most successful writers in television. A writer, director, voice actor and animator – not to mention singer-of-standards and this year’s Oscar host – MacFarlane created that show, as well Fox shows “American Dad” and “The Cleveland Show.”

He also had been working on a reboot of “The Flintstones,” but that appears to be shelved for now.

MacFarlane then transformed into one of the film industry’s hottest commodities this summer thanks to the breakout success of “Ted,” the Universal comedy that has set a new box-office record for an original, R-rated comedy.

While Universal has every intent of making another “Ted,” MacFarlane said he also has developed the ideas for a “Family Guy” film.

“We do know what the ‘Family Guy’ movie will be,” he told the students. Drawing another comparison to “The Simpsons Movie,” he said his one criticism of the cinematic version of that iconic show was that the plot would have worked on TV.

He claimed his “Family Guy” idea “would be impossible to do on TV.”

The Hollywood Reporter wrote last year that there is a deal in place for a ‘Family Guy” movie, but MacFarlane’s representatives did not respond to a request for more information about the rights to the movie or MacFarlane’s plans.

While MacFarlane still spends a good deal of his time working on television projects, the prospect of a “Family Guy” movie raises two questions: Does he have to make “Ted” first? Does Fox have the rights to the movie?

Neither Universal nor Fox have returned requests for comment.

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