‘Hobbit’ bests ‘Rings’ with $84.8 million opening

NEW YORK (AP) — Peter Jackson‘s “The Hobbit” led the box office with a haul of $ 84.8 million, a record-setting opening better than the three previous “Lord of the Rings” films.

The Warner Bros. Middle Earth epic was the biggest December opening ever, surpassing Will Smith’s “I Am Legend,” which opened with $ 77.2 million in 2007, according to studio estimates Sunday. “The Hobbit: An Unexpected Journey” also passed the December opening of “Avatar,” which opened with $ 77 million. Internationally, “The Hobbit” also added $ 138.2 million, for an impressive global debut of $ 223 million.

Despite weak reviews, the 3-D adaptation of J. R. R. Tolkien‘s first novel in the fantasy series was an even bigger draw than the last “Lord of the Rings” movie, “The Return of the King.” That film opened with $ 72.6 million. “The Hobbit” is the first of another planned trilogy, with two more films to be squeezed out of Tolkien’s book.

While Jackson’s “Rings” movies drew many accolades — “The Return of the King” won best picture from the Academy Awards — the path for “The Hobbit” has been rockier. It received no Golden Globes nominations on Thursday, though all three “Rings” films were nominated by the Hollywood Foreign Press Association for best picture.

Particularly criticized has been the film’s 48-frames-per-second (double the usual rate), a hyper-detailed look that some have found jarring. Most moviegoers didn’t see “The Hobbit” in that version, though, as the new technology was rolled out in only 461 of the 4,045 theaters playing the film.

Regardless of any misgivings over “The Hobbit,” the film was a hit with audiences. They graded the film with an “A” CinemaScore.

“What’s really important, what makes this special is the CinemaScore,” said Dan Fellman, president of domestic distribution for Warner Bros. “All these things point to a great word of mouth. We haven’t even made it to the Christmas holidays yet. Kids are still in school this week.”

The strong opening culminated a long journey for “The Hobbit,” which was initially delayed when a lawsuit dragged on between Jackson and “Rings” producer New Line Cinema over merchandizing revenue. At one point, Guillermo del Toro was to direct the film with Jackson producing. But eventually the filmmaker opted to direct the movie himself, originally envisioning two “Hobbit” films. The production also went through the bankruptcy of distribution partner MGM and a labor dispute in New Zealand, where the film was shot.

The long delay for “The Hobbit,” nearly a decade after the last “Lord of the Rings” film, made it “one of those movies that had everyone scratching their heads as to how it would open,” said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com.

“It’s been a decade since the ‘Lord of the Rings‘ trilogy concluded,” said Dergarabedian. “There’s been so much anticipation for this film and having Peter Jackson back at the helm just made it irresistible both to fans and the non-initiated alike.”

“The Hobbit” was far and away the biggest draw in theaters, with no other new wide release. Paramount’s “Rise of the Guardians” continued to draw the family crowd, with $ 7.4 million, bringing its cumulative total to $ 71.4 million. The Oscar contender “Lincoln” from Walt Disney crossed the $ 100 million mark, adding another $ 7.2 million to bring its six-week total to $ 107.9 million. And Sony‘s James Bond film “Skyfall,” with another $ 7 million domestically, drew closer to a global take of $ 1 billion.

The box office continued to be on the upswing and with anticipated releases like “Les Miserables,” ”Django Unchained” and “The Guilt Trip” approaching in the holiday moviegoing season. Dergarabedian expects the year to break the 2009 record of $ 10.6 billion. With some $ 10.2 billion in revenue thus far, he said, “We’re on track to be in that realm.”

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.

1. “The Hobbit: An Unexpected Journey,” $ 84.8 million ($ 138.2 million international).

2. “Rise of the Guardians,” $ 7.4 million ($ 20.1 million international).

3. “Lincoln,” $ 7.2 million.

4. “Skyfall,” $ 7 million ($ 12.2 million international).

5. “Life of Pi,” $ 5.4 million ($ 11.5 million international).

6. “The Twilight Saga: Breaking Dawn, Part 2,” $ 5.2 million ($ 13 million international).

7. “Wreck-It Ralph,” $ 3.3million ($ 4.7 million international).

8. “Playing for Keeps,” $ 3.2 million ($ 1.4 million international).

9. “Red Dawn,” $ 2.4 million.

10. “Silver Linings Playbook,” $ 2 million ($ 370,000 international).

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Estimated weekend ticket sales at international theaters (excluding the U.S. and Canada) for films distributed overseas by Hollywood studios, according to Rentrak:

1. “The Hobbit: An Unexpected Journey,” $ 138.2 million.

2. “Rise of the Guardians,” $ 20. 1 million.

3. “The Twilight Saga: Breaking Dawn, Part 2,” $ 13 million.

4. “Skyfall,” $ 12.2 million.

5. “Life of Pi,” $ 11.5 million.

6. “Wreck-It Ralph,” $ 4.7 million.

7. “26 Years,” $ 3.5 million.

8. “Whatcha Wearin’? (My P.S. Partner),” $ 3 million.

9. “Tutto Tutto Niente Niente,” $ 2.4 million.

10. “Pitch Perfect,” $ 2.3 million.

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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

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Mislabeled Foods Find Their Way to Diners’ Tables

ATLANTA — The menu offered fried catfish. But Freddie Washington, a pastor in Tuscaloosa, Ala., who sometimes eats out five nights a week and was raised on Gulf Coast seafood, was served tilapia.

Dustin Chambers for The New York Times

Consumers are misled most frequently when they buy fish, investigators say, because diners have such limited knowledge about seafood. 

It was a culinary bait and switch. Mr. Washington complained. The restaurant had run out of catfish, the manager explained, and the pastor left the restaurant with a free dinner, an apology and a couple of gift certificates.

“If I’m paying for a menu item,” Mr. Washington said, “I’m expecting that menu item to be placed before me.”

The subject of deceptive restaurant menus took on new life last week when Oceana, an international organization dedicated to ocean conservation, released a report with the headline “Widespread Seafood Fraud Found in New York City.”

Using genetic testing, the group found tilapia and tilefish posing as red snapper. Farmed salmon was sold as wild. Escolar, which can also legally be called oil fish, was disguised as white tuna, which is an unofficial nickname for albacore tuna.

Every one of 16 sushi bars investigated sold the researchers mislabeled fish. In all, 39 percent of the seafood from 81 grocery stores and restaurants was not what the establishment claimed it was.

“This thing with fish is age old, it’s been going on forever,” said Anne Quatrano, an Atlanta chef who opened Bacchanalia 20 years ago and kick-started the city’s sustainable food movement. “Unless you buy whole fish, you can’t always know what you’re getting from a supplier.”

Swapping one ingredient for a less expensive one extends beyond fish and is not always the fault of the person who sells food to the restaurant. Many a pork cutlet has headed to a table disguised as veal, and many an organic salad is not.

The term organic is regulated by the Department of Agriculture, but many other identifying words on a menu are essentially marketing terms. Unscrupulous chefs can falsely claim that a steak is Kobe beef or say a chicken was humanely treated without penalty.

In cases of blatant mislabeling, a chef or supplier often takes the bet that a local or federal agency charged with stopping deceptive practices is not likely to walk in the door. “This has been going on for as long as I’ve been cooking,” said Tom Colicchio, a New York chef and television personality. “When you start really getting into this stuff, there’s so many things people mislabel.”

At Mr. Colicchio’s New York restaurants, all but about 5 percent of the meat he serves is from animals raised without antibiotics, he said. It costs him about 30 percent more, so he charges more. “Yet I have a restaurant down the street that says they have organic chicken when they don’t, and they charge less money for it,” he said. “It’s all part of mislabeling and duping the public.”

Consumers are misled most frequently when they buy fish, investigators say, because there are so many fish in the sea and such limited knowledge among diners. The Food and Drug Administration lists 519 acceptable market names for fish, but more than 1,700 species are sold, said Morgan Liscinsky, a spokesman with the agency.

Marketing thousands of species in the ocean to a dining public who often has to be coaxed to move beyond the top five — shrimp, tuna, salmon, pollock and tilapia — is not an exact science.

The line between marketing something like Patagonian toothfish as Chilean sea bass or serving langostino and calling it lobster is a fine one.

Robert DeMasco, who owns Pierless Fish, a wholesaler in New York, used a profanity to describe someone who buys farm-raised fish and sells it as wild. “But on some of this, they’re splitting hairs,” he said.

In 2005, a customer sued Rubio’s, a West Coast taco chain, for misleading the public by selling a langostino lobster burrito. The FDA ruled that practice acceptable, which allowed chains like Long John Silver’s and Red Lobster to sell the crustacean called langostino and legally attach the word lobster to it. Maine lobstermen and lawmakers fought the decision unsuccessfully.

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Disruptions: Disruptions: Instagram Testimony Doesn't Add Up

On a late August morning, Kevin Systrom, chief executive of Instagram, took an oath before testifying at a hearing of the California Corporations Department, which sought to determine if Facebook’s acquisition of the photo sharing service was in the best interest of Instagram investors. Facebook requested the hearing as a way to speed up the approval of its acquisition.

When asked if his company had received any offers besides Facebook’s at the time of the negotiations, Mr. Systrom said, “No, we never received any offers,” according to transcripts of the hearings. He said Instagram had “talked to other parties, but never received any formal offers from anybody else.”

Ivan V. Griswold, a lawyer for the state regulators, asked again: “Immediately before the negotiations, did you receive any offers from invest — .” Before he could finish his question, the transcripts show, Mr. Systrom cut him off.

“We never received any formal offers or term sheets,” Mr. Systrom said. “No.”

Yet the accounts of several people close to Twitter and Facebook, and documents reviewed by The New York Times, contradict the statements he made under oath. Mr. Systrom and Mike Krieger, the other founder of Instagram, held several meetings as late as March with top Twitter executives, according to people on both sides of the talks, who requested anonymity because the talks were private and because they were concerned about legal repercussions. These people said the sides had verbally agreed weeks earlier on a price for Instagram of $525 million in cash and Twitter shares.

Mr. Systrom told Twitter on March 20 that he and Mr. Krieger had thought about the offer and had decided to “remain independent.” Less than three weeks later, Twitter found out, along with the rest of the world, that Instagram had agreed to be acquired by Facebook in a $1 billion deal negotiated personally by Facebook’s chief executive, Mark Zuckerberg. The deal included $300 million in cash and the rest was in Facebook stock. Instagram was privately owned by its founders, Mr. Systrom and Mr. Krieger, who had a majority stake in the company, and several venture capital funds.

The people familiar with the negotiations said Twitter executives were shocked that they had not been given an opportunity to present a counteroffer. They said Twitter was prepared to make higher offers.

Facebook and Mr. Systrom declined to comment about the statements made to regulators or the talks with Twitter. Gabriel Stricker, a Twitter spokesman, also declined to comment.

Although it might seem unimportant whether wealthy investors made a few million dollars less than they could have, those investors often represent funds that include workers’ pensions and mutual funds. The case could also be seen as another example of a large tech company’s sidestepping regulators.

Statements made by other people involved in the Instagram deal don’t add up, either. When Facebook submitted its applications to California regulators, its general counsel, Ted Ullyot, wrote that although the board had considered possible alternatives, there was a “lack of interest in acquiring the company expressed by other potential acquirers of the company.” Through a spokesman, Facebook declined to comment.

Mark Leyes, director of communications for the Corporations Department, said the department — which is to protect consumers and investors from self-dealing in transactions — had “not received any complaints or protests of our original fairness hearing proceedings in the Facebook/Instagram acquisition.”

In general, said Eric Talley, a law professor at the University of California, Berkeley, “if there is sworn testimony, there are perjury risks.” Also, he added, “there are fraud risks in which an inaccurate statement to your investors could violate antifraud laws at both the state or federal level.”

Dr. Talley said there were many reasons people might try to hide information from investors, including “deal sweeteners,” in which someone might be allowed to remain head of a company or be given more cash.

Mr. Systrom, who previously worked on mergers and acquisitions at Google, was careful about his interactions with Twitter from the start. He asked to meet in restaurants around San Francisco, rather than in either company’s office, according to people briefed on the talks. When he was handed the term sheet by a Twitter employee, a nonbinding document outlining the terms of a proposed acquisition, he read it and then handed it back, asking Twitter executives to hold onto it over the weekend as he weighed the details, those people said.

It is possible investors would have been better off selling in an open auction, to Twitter or even to Google or Microsoft.

The deal with Facebook closed at $735 million in early September, after Facebook’s stock plunged because of investors’ fears that its revenue growth prospects were weak. Given that the privately traded Twitter is expected to make $1 billion in revenue next year, which would increase its valuation considerably, Instagram investors might have made millions of more dollars.

It is unclear why Facebook didn’t mention Twitter’s interest. A clue might be found in the company’s amended S-1 filing with the Securities and Exchange Commission, outlining details of the Instagram acquisition: Dr. Talley said it used language often reserved for antitrust cases.

The wording in the updated S-1 filing, which included a termination fee of 20 percent if the deal fell through, “suggests that there really was some concern about antitrust clearance from the F.T.C.,” Dr. Talley said, referring to the Federal Trade Commission. “These antitrust questions would not have been raised if Instagram was selling to Twitter or Google.”

An F.T.C. spokesman, Mitchell J. Katz, declined to comment.

There also is the issue of what Mr. Systrom and regulators consider a “formal offer.” Although lawyers make differing arguments, Mr. Systrom was asked by regulators on several occasions if he had received other offers, formal or otherwise, and each time he said no.

Facebook has tangled with regulators before. What it does with its customers’ data attracted the attention of the F.T.C., which accused it last year of “unfair and deceptive” practices. The agency’s settlement with the company required Facebook to submit to privacy audits for 20 years.

Facebook has also sparred with the S.E.C. over its depiction of its mobile strategy in its filing to go public.

At the end of the hearing, regulators asked Mr. Systrom a third time about other offers: if there had been “any other inquiries from third parties about a possible acquisition of Instagram” after the Facebook deal was announced. Although Twitter executives had since tried to contact Mr. Systrom, he replied, “I and the board have not received any.”

E-mail: bilton@nytimes.com

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Apple takes investors on a wild ride

SAN FRANCISCO — With only modest expectations, Robert Leitao of Santa Clarita made a decision in 1994 that would change his life. He bought Apple stock.

This was several years before Steve Jobs returned to resurrect Apple, long before the iPod, the iPhone or the iPads that would make Apple the most valuable company in the world. A $1 investment in Apple at the start of 1994 is now worth about $70.

"Even with the recent sell-off, I'm still doing very well with the stock," said Leitao, who works as director of operations at a Catholic church in Burbank. "Apple provided for a down payment on our home for our blended family of four kids."

Leitao is one of the countless people whose lives have been touched by Apple's stock, which has become a global economic force. It is now one of the most widely held stocks, and the most valuable. Even as Apple Inc.'s market value fell to $480 billion on Friday, it was still larger than the gross domestic product of Norway or Argentina, and more than the combined value of Google Inc. and Microsoft Corp.

Yet that astonishing size and economic influence is also what, many analysts believe, contributes to the extraordinary volatility that can make owning Apple's stock a hair-raising experience.

It was inevitable, analysts say, that after Apple's stock rose 74% in the first nine months of this year, a huge wave of selling would occur as fund managers locked in their profits. And yet, in recent years, these huge dips have been followed by even bigger run-ups that led to new record highs, a dynamic that one trader refers to as the "Apple slingshot."

That pattern has some analysts betting Apple will soar above $1,000 a share in 2013, a scenario almost guaranteed to drive the global obsession with the company's stock into an even greater frenzy.

"The impact on shareholders and on the economy is incredible," said Howard Silverblatt, senior index analyst for S&P Dow Jones Indices. "We've not seen anything like this in the modern trading era. Ever."

Even after the remarkable decade of Apple's revival, the company's stock managed to reach new milestones this year. Early in 2012, Apple became the sixth company ever to surpass $500 billion in market value. In August, it became the only company in history with a market value topping $622 billion.

That performance affects just about anyone who has a 401(k) account or a pension. According to FactSet, a research firm that tracks investment funds, 2,555 institutional investors — mutual funds, hedge funds and pension funds, among others — owned stock in Apple, just behind the 2,590 that held Microsoft stock, as of Sept. 30, the most recent date funds had to disclose their holdings. However, the value of that Apple stock held by institutional investors on that day was $427 billion, compared with $172 billion for Microsoft, according to FactSet.

Silverblatt said the only company that has come close to having such a strong influence on the broader stock markets since World War II is IBM in the early 1980s, when the PC revolution was just getting started. But not only is the value of Apple's stock remarkable, so is its volatility. Such large stocks rarely have such big, quick swings.

Apple shares peaked at $702.10 on Sept. 19, up from $401.44 at the start of the year, a run that astonished analysts. But just as remarkable has been its collapse, falling as low as $505.75 in intra-day trading Nov. 16.

"It's just amazing because it's such a large company," said Brian Colello, a senior research analyst at Morningstar. "The company lost about $35 billion in market cap in one day. That's the size of some large-cap stocks."

Yet such swings have become commonplace for Apple stock. Before its latest swoon of 23.4% since its September high, Apple had experienced three previous corrections of more than 10% over the last two years.

The value of Apple's stock and its extreme swings have made researching it and trading it almost a full-time job for some people. Jason Schwarz of Marina del Rey edits EconomicTiming.com, which sends out up to five newsletters each week to its 1,000 clients that focus in large measure on Apple. He also helps run Lone Peak Asset Management, which has about $500 million in assets.

Schwarz says that what he calls the "Apple slingshot" is actually a virtue of the shares.

"The extraordinary volatility is the result of Apple's strength," Schwarz said. "People try to blame the volatility on Apple's weaknesses."

Schwarz and many other Apple believers argue that people are making a big mistake when they try to understand the stock's behavior by focusing on various bits of bad news such as an executive shake-up, the Maps controversy or questions about market share or competition. They have almost nothing to do with the regular hits taken by Apple shares, the argument goes.

Instead, folks like Schwarz say more technical factors are at work, such as the fact that the fiscal year for many stock funds ends Oct. 31. When the stock peaked in September, many fund managers rushed to sell to lock in profits for the year. Apple stock makes so much money for so many people, then plummets when shareholders pause to reap their profits, Schwarz says.

The volatility has continued in recent weeks, the argument goes, because fears of higher taxes next year have many fund managers trying to take advantage of short-term swings to make bigger profits. That volatility offers tantalizing windows for huge, short-term profits for investors willing to take the risk.

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School Yoga Class Draws Religious Protest From Christians

T. Lynne Pixley for The New York Times

Miriam Ruiz during a yoga class last week at Paul Ecke Central Elementary School in Encinitas, Calif. A few dozen parents are protesting that the program amounts to religious indoctrination. More Photos »

ENCINITAS, Calif. — By 9:30 a.m. at Paul Ecke Central Elementary School, tiny feet were shifting from downward dog pose to chair pose to warrior pose in surprisingly swift, accurate movements. A circle of 6- and 7-year-olds contorted their frames, making monkey noises and repeating confidence-boosting mantras.

Jackie Bergeron’s first-grade yoga class was in full swing.

“Inhale. Exhale. Peekaboo!” Ms. Bergeron said from the front of the class. “Now, warrior pose. I am strong! I am brave!”

Though the yoga class had a notably calming effect on the children, things were far from placid outside the gymnasium.

A small but vocal group of parents, spurred on by the head of a local conservative advocacy group, has likened these 30-minute yoga classes to religious indoctrination. They say the classes — part of a comprehensive program offered to all public school students in this affluent suburb north of San Diego — represent a violation of the First Amendment.

After the classes prompted discussion in local evangelical churches, parents said they were concerned that the exercises might nudge their children closer to ancient Hindu beliefs.

Mary Eady, the parent of a first grader, said the classes were rooted in the deeply religious practice of Ashtanga yoga, in which physical actions are inextricable from the spiritual beliefs underlying them.

“They’re not just teaching physical poses, they’re teaching children how to think and how to make decisions,” Ms. Eady said. “They’re teaching children how to meditate and how to look within for peace and for comfort. They’re using this as a tool for many things beyond just stretching.”

Ms. Eady and a few dozen other parents say a public school system should not be leading students down any particular religious path. Teaching children how to engage in spiritual exercises like meditation familiarizes young minds with certain religious viewpoints and practices, they say, and a public classroom is no place for that.

Underlying the controversy is the source of the program’s financing. The pilot project is supported by the Jois Foundation, a nonprofit organization founded in memory of Krishna Pattabhi Jois, who is considered the father of Ashtanga yoga.

Dean Broyles, the president and chief counsel of the National Center for Law and Policy, a nonprofit law firm that champions religious freedom and traditional marriage, according to its Web site, has dug up quotes from Jois Foundation leaders, who talk about the inseparability of the physical act of yoga from a broader spiritual quest. Mr. Broyles argued that such quotes betrayed the group’s broader evangelistic purpose.

“There is a transparent promotion of Hindu religious beliefs and practices in the public schools through this Ashtanga yoga program,” he said.

“The analog would be if we substituted for this program a charismatic Christian praise and worship physical education program,” he said.

The battle over yoga in schools has been raging for years across the country but has typically focused on charter schools, which receive public financing but set their own curriculums.

The move by the Encinitas Union School District to mandate yoga classes for all students who do not opt out has elevated the discussion. And it has split an already divided community.

The district serves the liberal beach neighborhoods of Encinitas, including Leucadia, where Paul Ecke Central Elementary is, as well as more conservative inland communities. On the coast, bumper stickers reading “Keep Leucadia Funky” are borne proudly. Farther inland, cars are more likely to feature the Christian fish symbol, and large evangelical congregations play an important role in shaping local philosophy.

Opponents of the yoga classes have started an online petition to remove the course from the district’s curriculum. They have shown up at school board meetings to denounce the program, and Mr. Broyles has threatened to sue if the board does not address their concerns.

The district has stood firm. Tim Baird, the schools superintendent, has defended the yoga classes as merely another element of a broader program designed to promote children’s physical and mental well-being. The notion that yoga teachers have designs on converting tender young minds to Hinduism is incorrect, he said.

“That’s why we have an opt-out clause,” Mr. Baird said. “If your faith is such that you believe that simply by doing the gorilla pose, you’re invoking the Hindu gods, then by all means your child can be doing something else.”

Ms. Eady is not convinced.

“Yoga poses are representative of Hindu deities and Hindu stories about the actions and interactions of those deities with humans,” she said. “There’s content even in the movement, just as with baptism there’s content in the movement.”

Russell Case, a representative of the Jois Foundation, said the parents’ fears were misguided.

“They’re concerned that we’re putting our God before their God,” Mr. Case said. “They’re worried about competition. But we’re much closer to them than they think. We’re good Christians that just like to do yoga because it helps us to be better people.”

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Gunman kills 20 kids, 6 adults at Connecticut elementary school

NEWTOWN, Conn. — A gunman massacred 20 children and six adults at a suburban elementary school here Friday morning before killing himself in what appeared to be the second-deadliest school shooting in U.S. history, authorities said.

Sources said Adam Lanza, 20, earlier killed his mother at home and then drove her Honda to Sandy Hook Elementary School equipped with firearms that were registered to one or both of his divorced parents.

Clad in military fatigues and carrying two semiautomatic pistols, he entered the school, argued with someone in the hallway and then opened fire on staff members and children around 9:30 a.m., a law enforcement source said. He focused his gunfire on two rooms. Children huddled in closets and corners as the carnage unfolded.

Connecticut State Police Lt. J. Paul Vance said police searched "every nook and cranny" of the kindergarten-through-fourth-grade campus after receiving a 911 call. He said 18 children and seven adults were found dead at the school — including the shooter — and two other children died at the hospital. Victims' bodies remained inside the school into the evening as relatives were gathered at a nearby fire station.

Vance did not officially identify the shooter or any of the dead. He said another adult had been killed elsewhere in Newtown, but he did not say whether it was Lanza's mother. Police are questioning Lanza's 24-year-old brother, Ryan, of Hoboken, N.J., the Associated Press reported.

It was the deadliest school shooting since 32 were murdered in the 2007 Virginia Tech rampage.

"Evil visited this community today," Gov. Dannel P. Malloy said Friday evening. "It's too early to speak of recovery."

Chris Manfredonia, whose 6-year-old daughter attends the school, was heading there Friday morning to help make gingerbread houses with first-graders when he heard popping sounds and smelled sulfur.

He ran around the school trying to reach his daughter and was briefly handcuffed by police. He later found his child, who had been locked in a small room with a teacher.

"The whole reason we moved here a year ago is because when you drive down the subdivision, it's a happy place," said his wife, Georgeann Manfredonia. "There's a ton of children here and the families are very kind and supportive."

Geneva Cunningham, 9, a fourth-grader, said she was in the library when the shooting erupted and she heard "a lot of screaming and yelling."

She said the school loudspeaker came on, and through it came the sound of a scream and then "really deep breathing."

A teacher ordered her and other students into a closet. "They told us it was a drill and that it was for our own safety," she said. "When it was happening there was a lot of glass shattering." At first, she said, some students thought an animal was loose. She said she heard about seven muted gunshots.

A fourth-grade boy told CNN that he was in the gym when he heard pops and bangs.

"We thought it was the custodian knocking stuff down," the boy said. "We heard screaming ... and then the police came in and said, 'Is he in here?'"

When it was deemed safe, students were led out of the school. They were told to close their eyes. Some were taken to a nearby fire station. Some ran. Some walked single-file, hands on each other's shoulders.

Parents rushed to collect their children. Others waited in anguish for news of their kids' fate. People trickled out of the school throughout the day.

The school sits at the end of a two-lane road, lined with barns converted to houses, in an affluent town of about 28,000 people about 60 miles from New York City. The scene quickly bore the hallmarks of other mass casualties, with whirling news helicopters and masses of reporters, law enforcement and rescue personnel.

The street leading to the school, cut off to most cars Friday, became a pathway for people running to the school to find out what happened to loved ones.

Susan Birge, a mental health disaster counselor, spent Friday afternoon in the fire station down the road from the school, huddling with grieving families.

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Social Networks Don't Care about Sharing, Just Shares

For almost a decade, there have been alternate ways for creators on the web – both pros and amateurs – to license their photos, writing, movies, and music. This Creative Commons approach wasn’t just some arbitrary legalese: It was a way the world could build on creatives’ work. Re-use it. Re-mix it.

It’s what made the web a place where individuals were not just creators, but part of communities that valued sharing.

By creating legal frameworks for licensing content in more flexible ways than traditional copyright laws, Creative Commons became a core part of the original Web 2.0 movement. That movement conceived of a web where platforms should strive to enhance – not put walls around – sharing communities.

But today Creative Commons isn’t as easily accessible in our most popular social networks. And that means we’re at risk of losing much more than the web we have already lost.

Because Creative Commons embodied an ethos of sharing that went beyond just show-and-tell. It’s been a vital part of sharing on the net, which has given all of us access to no-cost printing presses in the form of blogs; cheap ways to create, edit, and share videos and photos; and democratized distribution channels such as YouTube and Reddit.

Photographers have used Creative Commons to build their name and reputation – take Scott Beale of Laughing Squid as an example. Writers more focused on spreading their ideas than on reserving their exclusive right for the rest of their life (plus 70 years) have used it to find wider audiences – whether they are academics, or writers of sci-fi for teens like Cory Doctorow.

While CC licenses are used in many ways – sometimes to find a way to make more money, sometimes as a way to simply be part of a shared culture – it has always been about building on the work of fellow citizens.

But that ethos isn’t something espoused by popular photo-sharing site Instagram or its new owner Facebook – which since 2008 has been the net’s biggest repository of photos.

Yet you might think those services do believe in the idea of a commons. From Facebook’s statement of its principles:

People should have the freedom to share whatever information they want, in any medium and any format…. People should have the freedom to access all of the information made available to them by others. People should also have practical tools that make it easy, quick, and efficient to share and access this information.

And even more explicitly, in his founder’s letter before the Facebook IPO, CEO Mark Zuckerberg wrote:

Facebook was not originally created to be a company. It was built to accomplish a social mission – to make the world more open and connected.

We should judge a company by its actions, not by its statements.

Say you have a gallery of photos of human rights abuses that you uploaded to Facebook – and that you want the world to see, and newspapers to print. Well, there’s no option for that on Facebook.

Try to license an Instagram photo via Creative Commons. It’s not that CC isn’t the default mode — there’s not even an option for it. You get your copyright for a hundred plus years, and Instagram gets a license for that duration too.

Facebook is about Facebook. Sharing to them means sharing … on Facebook. Connecting with other people means connecting with other people … on Facebook. Like the old joke about fortune cookies, you have to append “on Facebook” to get the real meaning.

Creative Commons embodied an ethos of sharing that went beyond just show-and-tell.

Instagram is still young, so perhaps it can buck its corporate master. But it’s yet to show a commitment to doing right by users and the public, and the recent decision to prevent Twitter users from seeing Instagram photos inside Twitter makes it highly unlikely the company considers being part of a larger sharing culture a priority.

Twitter, which only recently began to control photo sharing, will also have to decide whether it wants to support an open content ecosystem. While I’m still hopeful, its recent, ridiculous dictates about displaying tweets outside of Twitter.com and its limits on third-party clients and APIs throws into doubt whether Twitter will embrace CC licensing of photos.

Thankfully, Flickr remains CC-friendly. Once the star of online photo sharing, Flickr made CC licensing famous and easy. Yahoo’s new CEO Marissa Mayer seems to have revitalized it through a just-launched mobile client that creates the possibility that “Flickr has the opportunity to become the new Flickr.”

YouTube followed Flickr’s early example, eventually making it simple to add CC licenses to a video. Google+ already has CC-licensing for photos you share on its social network. Just look in Settings under Privacy and Permission. Slideshare offers a CC-license option for presentations, too. SoundCloud, a service for sharing music online, makes it simple as well: Musicians upload music, choose a license, and then allow others to remix it, rework it, republish it, use it in a film, etc.

We should judge a company by its actions, not by its statements.

In the last week alone, nearly 19,000 tracks were uploaded on Soundcloud under one of the CC licenses.

In that same period, not a single photo was uploaded to Facebook or Instagram with a visible CC license.

It’s not that it’s technically or legally hard. All it takes is a couple of flags in a database and a little user-interface work. Mostly it just takes a belief that part of your company’s job is to help sharing culture grow.

Now, there actually is a way to license your Instagram photos under Creative Commons. Philip Neustrom, one of the founders of the non-profit LocalWiki, decided to do something about it with I Am CC, which lets Instagram users sign up to have all their Instagram photos automatically have a Creative Commons license. Neustrom also built an API so people can search those photos.

But this service exists only because Neustrom thought it was important and long overdue, and so he built it himself. None of the $750 million that Facebook doled out for Instagram has gone to adding a CC field to their photo database.

I asked Facebook twice by e-mail for comment on why there’s no support for CC licensing in either Instagram or Facebook. The company did not respond.

The silence is telling.

Facebook and Instagram will never add CC-licensing because they’ve got you and your attention and your content – which leads to money and power. When you’ve got that, who cares about principles?

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Roll Up! “Magical Mystery Tour” gets U.S. TV debut

LOS ANGELES (Reuters) – Give four pop stars turned hippies a movie camera in 1967 and what do you get? The Beatles‘ “Magical Mystery Tour” film, which will receive its long-awaited U.S. broadcast television debut on Friday on PBS.

Long a curiosity in the United States, the film will be accompanied by a new documentary about its making. A restored version was released on DVD and blu-ray in October.

The third film for The Fab Four, after a “A Hard Day’s Night” in 1964 and “Help!” a year later, “Magical Mystery Tour” is a shambolic trip through the English countryside on a bus filled with odd characters, but thin on plot. It first aired on BBC television the day after Christmas 1967.

Although it was initially panned by British critics, time has delivered some justice to the project, Jonathan Clyde, the producer of the documentary, told Reuters.

“‘Magical Mystery Tour‘ has always been the black sheep of the Beatles family, but I think it’s been rehabilitated into the Beatles canon,” Clyde said. “It’s no longer the ‘mad uncle in the attic’ that nobody wants to talk about. It’s been let out.”

In the United States, little was known about the film at the time of its release.

Beatles fans only had the album of music, or saw a poor print of the film in a double-feature midnight showing with “Reefer Madness,” a 1936 anti-marijuana propaganda film often screened decades later for comedic effect.

“I first saw it in 1974 at a university,” Bill King, the longtime publisher of Beatles fanzine Beatlefan, said of “Magical Mystery Tour.” “By then, though, it had taken on mythic status. I loved it.”

At the time of its making, The Beatles were arguably at their creative peak on the heels of a seminal album, “Sgt. Pepper’s Lonely Hearts Club Band,” and their summer of love anthem “All You Need Is Love,” which debuted on global TV.

SCRIPT WANTED

But even before “Sgt. Pepper’s” release in June 1967, Paul McCartney had already conceived of the film project. The only thing he was missing: a script.

“Paul had drawn out a pie chart,” said Clyde, also a longtime consultant for The Beatles‘ company, Apple Corps. “It just said things like ‘Get on coach,’ ‘Dreams,’ ‘End Song.’ They really had no idea what it was going to be like.”

The group hired a bus, a film crew, and a handful of extras and set out around England, creating scenes with everything from magicians to Ringo Starr’s oversized Aunt Jessie being stuffed with spaghetti by waiter John Lennon.

McCartney did most of the directing.

“It really had something for everyone, which is something I like about it,” Clyde said. “It was really a nod not only to the younger people watching, but to their parents’ generation, as well.”

The film also was loaded with six new Beatles songs, presented as what now would be considered music videos.

The music itself, including songs “I Am the Walrus” and “The Fool on the Hill,” was as innovative as any of the band’s music that year – and mostly recorded just before filming started.

“The Beatles were driven and inspired by having a deadline,” said Giles Martin, son of Beatles producer George Martin. The younger Martin remixed the songs at the legendary Abbey Road studios for the DVD and broadcast.

“And songs like ‘Walrus’ are a brilliant mix of both The Beatles as a rock and roll band and as masters of groundbreaking experimental recording,” Martin added.

(Editing by Eric Kelsey and Nick Zieminski)

TV News Headlines – Yahoo! News

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Life Expectancy Rises Around World, Study Finds

A sharp decline in deaths from malnutrition and infectious diseases like measles and tuberculosis has caused a shift in global mortality patterns over the past 20 years, according to a report published on Thursday, with far more of the world’s population now living into old age and dying from diseases mostly associated with rich countries, like cancer and heart disease.

Tony Karumba/Agence France-Presse — Getty Images

Children in Nairobi, Kenya. Sub-Saharan Africa lagged in mortality gains, compared with Latin America, Asia and North Africa.

The shift reflects improvements in sanitation, medical services and access to food throughout the developing world, as well as the success of broad public health efforts like vaccine programs. The results are striking: infant mortality declined by more than half from 1990 to 2010, and malnutrition, the No. 1 risk factor for death and years of life lost in 1990, has fallen to No. 8.

At the same time, chronic diseases like cancer now account for about two out of every three deaths worldwide, up from just over half in 1990. Eight million people died of cancer in 2010, 38 percent more than in 1990. Diabetes claimed 1.3 million lives in 2010, double the number in 1990.

“The growth of these rich-country diseases, like heart disease, stroke, cancer and diabetes, is in a strange way good news,” said Ezekiel Emanuel, chairman of the department of medical ethics and health policy at the University of Pennsylvania. “It shows that many parts of the globe have largely overcome infectious and communicable diseases as a pervasive threat, and that people on average are living longer.”

In 2010, 43 percent of deaths in the world occurred at age 70 and older, compared with 33 percent of deaths in 1990, the report said. And fewer child deaths have brought up the mean age of death, which in Brazil and Paraguay jumped to 63 in 2010, up from 30 in 1970, the report said. The measure, an average of all deaths in a given year, is different from life expectancy, and is lower when large numbers of children die.

But while developing countries made big strides the United States stagnated. American women registered the smallest gains in life expectancy of all high-income countries’ female populations between 1990 and 2010. American women gained just under two years of life, compared with women in Cyprus, who lived 2.3 years longer and Canadian women who gained 2.4 years. The slow increase caused American women to fall to 36th place in the report’s global ranking of life expectancy, down from 22nd in 1990. Life expectancy for American women was 80.5 in 2010, up from 78.6 in 1990.

“It’s alarming just how little progress there has been for women in the United States,” said Christopher Murray, director of the Institute for Health Metrics and Evaluation, a health research organization financed by the Bill and Melinda Gates Foundation at the University of Washington that coordinated the report. Rising rates of obesity among American women and the legacy of smoking, a habit women formed later than men, are among the factors contributing to the stagnation, he said. American men gained in life expectancy, to 75.9 years from 71.7 in 1990.

Health experts from more than 300 institutions contributed to the report, which provided estimates of disease and mortality for populations in more than 180 countries. It was published in The Lancet, a British medical journal.

The World Health Organization issued a statement on Thursday saying that some of the estimates in the report differed substantially from those done by United Nations agencies, though others were similar. All comprehensive estimates of global mortality rely heavily on statistical modeling because only 34 countries — representing about 15 percent of the world’s population — produce quality cause-of-death data.

Sub-Saharan Africa was an exception to the trend. Infectious diseases, childhood illnesses and maternity-related causes of death still account for about 70 percent of the region’s disease burden, a measure of years of life lost due to premature death and to time lived in less than full health. In contrast, they account for just one-third in South Asia, and less than a fifth in all other regions. Sub-Saharan Africa also lagged in mortality gains, with the average age of death rising by fewer than 10 years from 1970 to 2010, compared with a more than 25-year increase in Latin America, Asia and North Africa.

Globally, AIDS was an exception to the shift of deaths from infectious to noncommunicable diseases. The epidemic is believed to have peaked, but still results in 1.5 million deaths each year.

Over all, the change means people are living longer, but it also raises troubling questions. Behavior affects people’s risks of developing cancer, heart disease and diabetes, and public health experts say it is far harder to get people to change their ways than to administer a vaccine that protects children from an infectious disease like measles.

“Adult mortality is a much harder task for the public health systems in the world,” said Colin Mathers, a senior scientist at the World Health Organization.

Tobacco use is a rising threat, especially in developing countries, and is responsible for almost six million deaths a year globally. Illnesses like diabetes are also spreading fast.

Donald G. McNeil Jr. contributed reporting.

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E.C.B. Sees a Healing Euro Zone but Warns of Risks

FRANKFURT — Tensions in the euro zone have eased noticeably since the summer, the European Central Bank said Friday, but it warned that the situation remained fragile in part because commercial banks were still in a weakened state.

“There is a risk in spite of the recent improvements,” Vitor Constâncio, the vice president of the E.C.B., said at a press briefing Friday.

In its twice-a-year report on financial stability, the E.C.B. noted a number of indications that the euro zone is starting to heal. For example, borrowing costs for troubled countries have dropped substantially, and banks in Portugal and Ireland have regained access to money markets.

Countries including Spain and Italy have been able to increase their exports because labor costs have fallen, improving their competitiveness, the E.C.B. said. While that is positive, it came about partly because of high unemployment and falling wages.

“This adjustment has had a heavy cost,” Mr. Constâncio said. “But at least we can say the adjustment occurred.”

Unemployment will start to fall by 2014 as the stressed countries begin to grow again, Mr. Constâncio said.

The E.C.B. attributed the ebbing of fear in the euro zone to a combination of central bank policy, improved competitiveness at some countries and progress by political leaders toward creating a more durable euro zone. Mr. Constâncio said it was impossible to separate out how much each of those factors contributed.

The E.C.B. gave itself credit for some of the improvement, including its promise to buy government bonds as needed to contain countries’ borrowing costs. It also lauded the decision by euro zone leaders this week to give the E.C.B. overall authority for regulating banks.

Mr. Constâncio emphasized that, even though the E.C.B. has direct control only over about 150 of the biggest banks as part of the so-called banking union, it sees itself as overseer for the whole banking system, with the power to assume oversight of any bank it chooses. Mr. Constâncio said that political leaders understood this.

The E.C.B. “has legal competence over all the banks,” he said. “This is a very important idea.”

Banks, and falling bank profits, were the major weaknesses identified by the E.C.B. in the report. European bank shares are currently valued at much less than the value of their assets, the report said.

“It really is a very negative judgment by the stock market,” Mr. Constâncio said.

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