Newsman’s disappearance largely kept secret

NEW YORK (AP) — NBC was able to keep the abduction of chief Middle East correspondent Richard Engel in Syria largely a secret until he escaped late Monday because it persuaded some of this country’s most prominent news organizations to hold back on the story.

Otherwise, the disappearance of Engel — probably the most high-profile international television reporter on a U.S. network — would have been big news.

Engel and three colleagues, producers Ghazi Balkiz and Aziz Akyavas and photographer John Kooistra, escaped during a firefight between rebels and their captors, forces sympathetic to the Syrian government. The journalists were dragged from their cars, kept bound and blindfolded and threatened with death.

NBC said it did not know what had happened to the men until after their escape. The first sign of trouble came last Thursday, when Engel did not check back with his office at an agreed-upon time.

The Associated Press learned of Engel’s disappearance independently and was asked to keep the news quiet upon contacting NBC, said John Daniszewski, the AP’s vice president and senior managing editor.

“A general principle of our reporting is that we don’t want to write stories that are going to endanger the lives of the people that we are writing about,” Daniszewski said. The first few days after an abduction are often crucial to securing the captive’s release.

CBS News also said that it had honored NBC’s request, but a spokeswoman declined to discuss it. ABC, Fox News and CNN were also contacted by NBC.

CNN, in an editor’s note affixed to a website story on Engel’s escape, noted NBC’s request. CNN said it complied to allow fact-finding and negotiations to free the captors before it became a worldwide story.

“Hostage negotiators say that once the global spotlight is on the missing, the hostages’ value soars, making it much harder to negotiate their freedom,” CNN said.

For similar reasons, the AP did not report its own news several years ago when a photographer was kidnapped in the Gaza Strip, securing his release within a day. In one celebrated case of secrecy, The New York Times withheld news that reporter David Rohde was kidnapped while trying to make contact with a Taliban commander in Afghanistan. Rohde escaped after seven months in captivity.

It wasn’t clear whether Engel’s abductors knew what they had at the time. That knowledge, CNN argued, could have greatly complicated any negotiations. In this case, the captors did not make any ransom demands during the time he was missing.

This isn’t simply a professional courtesy; the AP has withheld news involving overseas contractors in the past, Daniszewski said. For similar reasons, the organization does not reveal details of military or police actions it learns about beforehand if the news will put people at risk, and doesn’t write about leaders heading into war zones until they are safely there.

Still, it’s not a decision lightly taken by news organizations. “The obligation of journalists is to report information, not withhold it, except in exceptional circumstances,” said Robert Steele, a journalism ethics professor at DePauw University.

The news that Engel was missing was first reported Monday by Turkish journalists who had heard about Akyavas’ involvement, and was picked up by the U.S. website Gawker.com. In explaining why the news was reported, Gawker’s John Cook wrote that no one had told him of a specific or even general threat to Engel’s safety.

“I would not have written a post if someone had told me that there was a reasonable or even remote suspicion that anything specific would happen if I wrote the post,” Cook wrote.

He also noted that China’s Xinhua News Agency and the Breitbart website had also reported on Engel’s disappearance. Breitbart’s John Nolte attached a note to his report saying that he wasn’t even aware of any news embargo until after hearing that Engel had been released.

The news was also tweeted by a small number of journalists, apparently unaware of the embargo request.

Whether a disappearance has become widely known could influence a decision by AP on whether to withhold the news, Daniszewski said. In this case, it wasn’t clear that it had been widely circulated, he said.

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Attackers in Pakistan Kill Anti-Polio Workers

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A Pakistani mother mourned her daughter, who was killed on Tuesday in an attack on health workers participating in a drive to eradicate polio from Pakistan.

ISLAMABAD, Pakistan — Gunmen shot dead five female health workers who were immunizing children against polio on Tuesday, causing the Pakistani government to suspend vaccinations in two cities and dealing a fresh setback to an eradication campaign dogged by Taliban resistance in a country that is one of the disease’s last global strongholds.

“It is a blow, no doubt,” said Shahnaz Wazir Ali, an adviser on polio to Prime Minister Raja Pervez Ashraf. “Never before have female health workers been targeted like this in Pakistan. Clearly there will have to be more and better arrangements for security.”

No group claimed responsibility for the attacks, but most suspicion focused on the Pakistani Taliban, which has previously blocked polio vaccinators and complained that the United States is using the program as a cover for espionage.

The killings were a serious reversal for the multibillion-dollar global polio immunization effort, which over the past quarter century has reduced the number of endemic countries from 120 to just three: Pakistan, Afghanistan and Nigeria.

Nonetheless, United Nations officials insisted that the drive would be revived after a period for investigation and regrouping, as it had been after previous attacks on vaccinators here, in Afghanistan and elsewhere.

Pakistan has made solid gains against polio, with 56 new recorded cases of the diseases in 2012, compared with 192 at the same point last year, according to the government. Worldwide, cases of death and paralysis from polio have been reduced to less than 1,000 last year, from 350,000 worldwide in 1988.

But the campaign here has been deeply shaken by Taliban threats and intimidation, though several officials said Tuesday that they had never seen such a focused and deadly attack before.

Insurgents have long been suspicious of polio vaccinators, seeing them as potential spies. But that greatly intensified after the C.I.A. used a vaccination team headed by a local doctor, Shakil Afridi, to visit Osama bin Laden’s compound in Abbottabad, reportedly in an attempt to obtain DNA proof that the Bin Laden family was there before an American commando raid on it in May 2011.

In North Waziristan, one prominent warlord has banned polio vaccinations until the United States ceases drone strikes in the area.

Most new infections in Pakistan occur in the tribal belt and adjoining Khyber-Pakhtunkhwa Province — some of the most remote areas of the country, and also those with the strongest militant presence. People fleeing fighting in those areas have also spread the disease to Karachi, the country’s largest city, where the disease has been making a worrisome comeback in recent years.

After Tuesday’s attacks, witnesses described violence that was both disciplined and well coordinated. Five attacks occurred within an hour in different Karachi neighborhoods. In several cases, the killers traveled in pairs on motorcycle, opening fire on female health workers as they administered polio drops or moved between houses in crowded neighborhoods.

Of the five victims, three were teenagers, and some had been shot in the head, a senior government official said. Two male health workers were also wounded by gunfire; early reports incorrectly stated that one of them had died, the official said.

In Peshawar, the capital of Khyber-Pakhtunkhwa Province, gunmen opened fire on two sisters participating in the polio vaccination program, killing one of them. It was unclear whether that shooting was directly linked to the Karachi attacks.

In remote parts of the northwest, the Taliban threat is exacerbated by the government’s crumbling writ. In Bannu, on the edge of the tribal belt, one polio worker, Noor Khan, said he quit work on Tuesday once news of the attacks in Karachi and Peshawar filtered in.

“We were told to stop immediately,” he said by phone.

Still, the Pakistani government has engaged considerable political and financial capital in fighting polio. President Asif Ali Zardari and his daughter Aseefa have been at the forefront of immunization drives. With the help of international donors, including the Bill and Melinda Gates Foundation, they have mounted a huge vaccination campaign aimed at up to 35 million children younger than 5, usually in three-day bursts that can involve 225,000 health workers.

The plan seeks to have every child in Pakistan immunized at least four times per year, although in the hardest-hit areas one child could be reached as many as 12 times in a year.

Declan Walsh reported from Islamabad, and Donald G. McNeil Jr. from New York. Salman Masood contributed reporting from Islamabad, and Zia ur-Rehman from Karachi, Pakistan.

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Girl, 13, gets Hasbro to make gender-neutral Easy-Bake oven

McKenna Pope, the 13-year-old girl who petitioned toy maker Hasbro for an Easy-Bake oven suitable for both girls and boys, will get what she’s been asking for.

After meeting with the New Jersey girl at its Rhode Island headquarters Monday, Hasbro said it will offer a new black-and-silver oven design in fall 2013. The company said the prototype, which it showed to Pope, has been in development for 18 months and will debut at the New York Toy Fair in February.

Since 1963, a dozen different Easy-Bake models have been introduced in colors including teal, green, yellow, silver, blue and purple, Hasbro said.

The packaging for the new oven will feature boys and girls, according to Change.org, where Pope launched her petition recently. More than 44,000 people have since signed the petition.

Pope’s effort also scored support from some major male bakers and chefs, including “Top Chef” star Manuel Trevino, who was featured in a YouTube video backing her cause.

ALSO:

Hasbro to meet with girl, 13, on gender-neutral Easy-Bake ovens

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Women a century away from breaking California glass ceiling, study says

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Cosmo the God Hijacks Twitter Account of Hateful 'Church'

The 15-year-old hacker known as Cosmo the God was behind the takeover of a Westboro Baptist Church member’s Twitter feed, a source with direct knowledge of the attack confirmed to Wired on Monday.

Cosmo gained access to the @DearShirley Twitter account via an e-mail account, and from there was able to leverage control of the Twitter feed itself, according to the source, who spoke on condition of anonymity. As of this writing, the account remains up and operating, and seemingly beyond the control of its owner.

Westboro Baptist Church is notorious for picketing funerals of American soldiers killed in action in Iraq and Afghanistan. Last week the organization apparently announced its intention to protest at the funerals of the children killed at Sandy Hook, with spokewoman Shirley Lynn Phelps-Roper tweeting the following: “Westboro will picket Sandy Hook Elementary School to sing praise to God for the glory of his work in executing his judgment.”

The sentiment was echoed on Westboro Baptist Church’s website, which included the line “God sent the shooter to Newton, CT.”

The announcement triggered astonished outrage from observers, and the hacker group Anonymous declared open season on the group, publishing contact information for many of its members, including Phelps-Roper. Phelps-Roper’s Twitter account @DearShirley was then taken over early Monday morning.

Cosmo the God has been able to keep control of the account using a flaw in Twitter’s Zendesk system that allows an attacker to close an account support ticket before it’s acted on, according to the source, who demonstrated inside knowledge of the account takeover.

Cosmo and his group UG Nazi took part in many of the highest-profile hacking incidents of 2012, including taking down websites for NASDAQ, CIA.gov, and UFC.com, redirecting 4Chan’s DNS to point to its own Twitter feed, and defeating CloudFlare CEO Matthew Prince’s Google two-step authentication.

The teen’s social-engineering techniques allowed him to gain access to user accounts at Amazon, PayPal and a slew of other companies. He was arrested in June, as part of a multi-state FBI sting and was recently sentenced to probation until his 21st birthday, during which time he is prohibited from using the internet without supervision and prior consent.

The latest hack would seem to violate those terms. But it’s garnered Cosmo an unending stream of Twitter praise. “I love that @cosmothegod hacked @DearShirley!! I’m glad that there is one less hateful twitter account,” wrote one fan. “I think @cosmothegod deserves a medal for hacking @DearShirley and making everyone’s day,” another tweeted.

Wired sought to reach Westboro Baptist Church for comment, but its phone line was consistently busy.

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Amazon adds episodes of alt-comedy show “UnCabaret”

LOS ANGELES (TheWrap.com) – Amazon Instant Video has added four exclusive episodes of “UnCabaret,” an alt-comedy showcase for the likes of Margaret Cho and Andy Dick, to its Prime Instant Video service.

The show was created and hosted by comedian and entertainer Beth Lapides and features performances by such comedy stars as Sandra Bernhard, Garfunkle and Oates, Greg Fitzsimmons and Rob Delaney. Instead of punch-line driven sets, performers are encouraged to show off story-based stream-of-consciousness acts.

Amazon Prime members will get free access to the titles. The episodes will be available for rental or purchase for Amazon Instant Video customers on an a la carte basis.

Amazon Prime costs $ 79 annually and gives members free two-day shipping as well as streaming access to movies and shows from the likes of Paramount and Disney-ABC. The catalog of titles grew a little larger Monday. In addition to “UnCabaret,” Amazon announced an exclusive content licensing agreement with Turner Broadcasting System and Warner Bros. TV to add two TNT shows, “Falling Skies” and “The Closer” to its service.

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Philippine Lawmakers Pass Reproductive Health Bill

MANILA — After a ferocious national debate that pitted family members against one another, and some faithful Catholics against their church, the Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control.

Jay Directo/Agence France-Presse — Getty Images

Supporters of a landmark reproductive health bill celebrated as the Philippine Congress passed legislation on Monday to help the country’s poorest women gain access to birth control. 

Jay Directo/Agence France-Presse — Getty Images

Opponents of a reproductive health bill, including a Catholic nun, looked at portraits of Philippine legislators as they passed a landmark measure Monday.

“The people now have the government on their side as they raise their families in a manner that is just and empowered,” said Edwin Lacierda, a spokesman for President Benigno S. Aquino III, who pushed for passage.

Each chamber of the national legislature passed its own version of the measure — by 13 to 8 in the Senate and 133 to 79 in the House of Representatives — and minor differences between the two must be reconciled before the measure goes to Mr. Aquino for his signature.

The measure had been stalled for more than a decade because of determined opposition from the Roman Catholic Church. Roughly four-fifths of Filipinos are Catholic.

Birth control is legal and widely available in the Philippines for people who can afford it, particularly those living in cities. But condoms, birth control pills and other methods can be difficult to find in rural areas, and their cost puts them out of reach for the very poor.

“Some local governments have passed local ordinances that banned the sale of condoms and contraceptives and forbid their distribution in government clinics, where most poor Filipinos turn for health care,” Human Rights Watch said in a statement on the issue, adding that the new bill would override such ordinances.

The measure passed on Monday would stock government health centers, including those in remote areas, with free or subsidized birth control options for the poor. It would require sex education in public schools and family-planning training for community health officers. The Philippines has one of the highest birthrates in Asia, but backers of the legislation, including the Aquino administration, have said repeatedly that its purpose is not to limit population growth. Rather, they say, the bill is meant to offer poor families the same reproductive health options that wealthier people in the country enjoy.

The United Nations Population Fund estimates that half of the 3.4 million pregnancies in the Philippines each year are unintended, and that there are 11 pregnancy-related deaths in the country each day, on average. Most of those could be avoided, the organization says, through improved maternal health care, a need that proponents say the new legislation will directly address.

Catholic Church officials took a hard line against the measure, saying it was out of line with the beliefs of most religious Filipinos. The church equated contraception with abortion, which is illegal in the Philippines.

“These artificial means are fatal to human life, either preventing it from fruition or actually destroying it,” the Catholic Bishops’ Conference of the Philippines said in a statement on the eve of the votes in Congress.

The statement cited health risks associated with some forms of birth control, but the bishops’ strongest objections have been lodged on moral rather than medical grounds. In a pastoral letter, they said: “The youth are being made to believe that sex before marriage is acceptable, provided you know how to avoid pregnancy. Is this moral? Those who corrupt the minds of children will invoke divine wrath on themselves.”

The legislation prompted a heated national debate in the Philippines over the role that government should play in family planning and women’s health.

“This bill no doubt has inflicted a very wide chasm of division in our society,” said Juan Ponce Enrile, the president of the Senate. “Families are even divided, mother and daughter differing in their views, husband and wife differing in their views.” Mr. Enrile opposed the bill; his son, Juan, a congressman, voted in favor of it.

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Sasol Betting Big on Gas-to-Liquid Plant in U.S.

Oryx

The Oryx natural gas processing plant in Qatar, where Sasol is converting natural gas to diesel fuel.

RAS LAFFAN INDUSTRIAL CITY, Qatar — The compact assembly of towers, tubes and tanks that make up the Oryx natural gas processing plant is almost lost in a vast petrochemical complex that rises here like a hazy mirage from a vast ocean of sand.

A blog about energy and the environment.

ORYX GTL

The Sasol plant in Qatar makes 32,000 barrels of liquid fuels daily. Experts say the economics of the process are challenged.

But what is occurring at Oryx is a particular kind of alchemy that has tantalized scientists for nearly a century with prospects of transforming the energy landscape. Sasol, a chemical and synthetic fuels company based in South Africa, is converting natural gas to diesel fuel using a variation of a technology developed by German scientists in the 1920s.

Performing such chemical wizardry is exceedingly costly. But executives at Sasol and a partner, Qatar’s state-owned oil company, are betting that natural gas, which is abundant here, will become the dominant global fuel source over the next 50 years, oil will become scarcer and more expensive and global demand for transport fuels will grow.

Sasol executives say the company believes so strongly in the promise of this technology that this month, it announced plans to spend up to $14 billion to build the first gas-to-liquids plant in the United States, in Louisiana, supported by more than $2 billion in state incentives. A shale drilling boom in that region in the last five years has produced a glut of cheap gas, and the executives say Sasol can tap that supply to make diesel and other refined products at competitive prices.

Marjo Louw, president of Sasol Qatar, says that his company can produce diesel fuel that burns cleaner, costs less and creates less greenhouse gas pollution than fuel derived from crude oil.

“We believe the planets are aligned for G.T.L.,” Mr. Louw said during a recent tour of the Oryx plant. “Other players — much bigger players — will follow.”

Perhaps. So far, however, the record for converting gas to liquids is spotty.

The newest and largest plant in operation, Royal Dutch Shell’s giant Pearl plant, also in Qatar, cost the leviathan sum of $19 billion, more than three times its original projected cost, and has been plagued with unexpected maintenance problems. BP and ConocoPhillips built and briefly operated demonstration plants in Alaska and Oklahoma, but stopped short of full development of the technology. Exxon Mobil and ConocoPhillips announced plans to build giant plants in Qatar, but backed out, putting their capital instead into terminals to export liquefied natural gas.

Today only a handful of gas-to-liquids plants operate commercially, in Malaysia, South Africa and Qatar. Together they produce only a bit more than 200,000 barrels of fuels and lubricants a day — equivalent to less than 1 percent of global diesel demand.

“The reason you see so few G.T.L. plants is the economics are challenged at best,” said William M. Colton, Exxon Mobil’s vice president of corporate strategic planning. “We do not see it being a relevant source of fuels over the next 20 years.”

Many analysts and industry insiders say the technology makes sense only when oil and gas supplies and prices are far out of balance, as they are today in Qatar and the United States. When oil and gas come into alignment, gas-to-liquids ventures will become white elephants, these skeptics say. Environmentalists also say that the huge energy inputs required to transform natural gas into diesel or other fuels negate any greenhouse gas benefits.

Until recently, the method used to convert natural gas or coal to liquid fuel — known as the Fischer-Tropsch process after the Germans who invented it — had been used only by pariah nations desperate for transportation fuels when they had little or no oil available. For decades, South Africa defended its system of apartheid from international oil embargoes by producing synthetic oil from its rich coal resources. Nazi Germany did the same to fuel its military machine in World War II.

But with North Africa and the Middle East chronically unstable and natural gas cheap and plentiful in the United States, some say the technology is now an enticing option to produce various fuels without importing a drop of oil.

Shell may soon announce a tentative site for a gas-to-liquids plant on the Gulf Coast of the United States. Given what the company learned from its Qatar plant, executives say it would reduce costs in any new one by using different types of valves and alloys.

But Ken Lawrence, Shell’s vice president for investor relations in North America, said the company was still two years away from a final decision on an American plant.

That leaves Sasol in the forefront of the gas-to-liquids effort.

John M. Broder reported from Ras Laffan Industrial City, Qatar, and Clifford Krauss from Houston.

John M. Broder reported from Ras Laffan Industrial City, Qatar, and Clifford Krauss from Houston.

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‘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).

___

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.

___

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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