City Room: Cuomo Declares Public Health Emergency Over Flu Outbreak

With the nation in the grip of a severe influenza outbreak that has seen deaths reach epidemic levels, New York State declared a public health emergency on Saturday, making access to vaccines more easily available.

There have been nearly 20,000 cases of flu reported across the state so far this season, officials said. Last season, 4,400 positive laboratory tests were reported.

“We are experiencing the worst flu season since at least 2009, and influenza activity in New York State is widespread, with cases reported in all 57 counties and all five boroughs of New York City,” Gov. Andrew M. Cuomo said in a statement.

Under the order, pharmacists will be allowed to administer flu vaccinations to patients between 6 months and 18 years old, temporarily suspending a state law that prohibits pharmacists from administering immunizations to children.

While children and older people tend to be the most likely to become seriously ill from the flu, Mr. Cuomo urged all New Yorkers to get vaccinated.

On Friday, the Centers for Disease Control and Prevention in Atlanta said that deaths from the flu had reached epidemic levels, with at least 20 children having died nationwide. Officials cautioned that deaths from pneumonia and the flu typically reach epidemic levels for a week or two every year. The severity of the outbreak will be determined by how long the death toll remains high or if it climbs higher.

There was some evidence that caseloads may be peaking, federal officials said on Friday.

In New York City, public health officials announced on Thursday that flu-related illnesses had reached epidemic levels, and they joined the chorus of authorities urging people to get vaccinated.

“It’s a bad year,” the city’s health commissioner, Dr. Thomas A. Farley, told reporters on Thursday. “We’ve got lots of flu, it’s mainly type AH3N2, which tends to be a little more severe. So we’re seeing plenty of cases of flu and plenty of people sick with flu. Our message for any people who are listening to this is it’s still not too late to get your flu shot.”

There has been a spike in the number of people going to emergency rooms over the past two weeks with flulike symptoms – including fever, fatigue and coughing – Dr. Farley said.

Mayor Michael R. Bloomberg and Mr. Cuomo made a public display of getting shots this past week.

In a briefing with reporters on Friday, officials from the C.D.C. said that this year’s vaccine was effective in 62 percent of cases.

As officials have stepped up their efforts encouraging vaccinations, there have been scattered reports of shortages. But officials said plenty of the vaccine was available.

According to the C.D.C., makers of the flu vaccine produced about 135 million doses for this year. As of early this month, 128 million doses had been distributed. While that would not be enough for every American, only 37 percent of the population get a flu shot each year.

Federal health officials said they would be happy if that number rose to 50 percent, which would mean that there would be more than enough vaccine for anyone who wanted to be immunized.

Two other diseases – norovirus and whooping cough – are also widespread this winter and are contributing to the number of people getting sick.

The flu can resemble a cold, though the symptoms come on more rapidly and are more severe.

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Aaron Schwartz, Reddit co-founder, commits suicide in Brooklyn

A co-founder of Reddit and activist who fought to make online content free to the public has been found dead, authorities confirmed Saturday, prompting an outpouring of grief from prominent voices on the intersection of free speech and the Web.

Aaron Swartz, 26, hanged himself in his Brooklyn apartment weeks before he was to go on trial on accusations that he stole millions of journal articles from an electronic archive in an attempt to make them freely available. If convicted, he faced decades in prison and a fortune in fines.

He was pronounced dead Friday evening at home in Brooklyn's Crown Heights neighborhood, said Ellen Borakove, spokeswoman for New York's chief medical examiner.

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FOR THE RECORD:
In an earlier headline for this article, Aaron Swartz's last name was misspelled as Schwartz.

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Swartz was “an extraordinary hacker and activist,” the Electronic Frontier Foundation, an international nonprofit digital rights group based in California wrote in a tribute on its home page.

He “did more than almost anyone to make the Internet a thriving ecosystem for open knowledge, and to keep it that way,” the tribute said.

Swartz was a prodigy who as a young teenager helped create RSS, a family of Web feed formats used to gather updates from blogs, news headlines, audio and video for users. He co-founded the social news website Reddit, which was later sold to Conde Nast, as well as the political action group Demand Progress, which campaigns against Internet censorship.

Among Internet gurus, Swartz was considered a pioneer of efforts to make online information freely available.

“Playing Mozart's Requiem in honor of a brave and brilliant man,” tweeted Carl Malamud, an Internet public domain advocate who believes in free access to legally obtained files.

Swartz aided Malamud's own effort to post federal court documents for free online, rather than the few cents per page that the government charges through its electronic archive, PACER. In 2008, The New York Times reported, Swartz wrote a program to legally download the files using free access via public libraries. About 20 percent of all the court papers were made available until the government shut down the library access.

The FBI investigated but did not charge Swartz, he wrote on his own website.

Three years later, Swartz was arrested in Boston and charged with stealing millions of articles from a computer archive at the Massachusetts Institute of Technology. Prosecutors said he broke into a computer wiring closet on campus and used his laptop for the downloads.

Experts puzzled over the arrest and argued that the result of the actions Swartz was accused of was the same as his PACER program: more information publicly available.

The prosecution “makes no sense,” Demand Progress Executive Director David Segal said in a statement at the time. “It's like trying to put someone in jail for allegedly checking too many books out of the library.”

Swartz pleaded not guilty to charges including wire fraud. His federal trial was to begin next month.

According to a federal indictment, Swartz stole the documents from JSTOR, a subscription service used by MIT that offers digitized copies of articles from academic journals. Prosecutors said he intended to distribute the articles on file-sharing websites.

He faced 13 felony charges, including breaching site terms and intending to share downloaded files through peer-to-peer networks, computer fraud, wire fraud, obtaining information from a protected computer, and criminal forfeiture.

JSTOR did not press charges once it reclaimed the articles from Swartz, and some legal experts considered the case unfounded, saying that MIT allows guests access to the articles and Swartz, a fellow at Harvard's Safra Center for Ethics, was a guest.

Criticizing the government's actions in the pending prosecution, Harvard law professor and Safra Center faculty director Lawrence Lessig called himself a friend of Swartz's and wrote Saturday that “we need a better sense of justice. … The question this government needs to answer is why it was so necessary that Aaron Swartz be labeled a `felon.“’

JSTOR announced this week that it would make “more than 4.5 million articles” publicly available for free.

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DWP will allow customers to sell back excess solar energy

Los Angeles Department of Water and Power customers for the first time will be able to sell back excess solar energy created on rooftops and parking lots under a new program approved Friday by the city utility's board of commissioners.

Described as the largest urban rooftop solar program of its kind in the nation, the so-called feed-in-tariff program would pay customers 17 cents per kilowatt hour for energy produced on their own equipment. The DWP has already accepted more than a dozen applicants and will be taking dozens more as it accepts contracts for up to 100 megawatts of solar power through 2016.

Environmentalists, business supporters and solar vendors were thrilled by the vote. Feed-in-tariff programs help generate jobs and economic activity while decreasing greenhouse gas emissions, they say.

"Today's vote is a major step forward for the economic and environmental sustainability of Los Angeles," said Mary Leslie, President of the Los Angeles Business Council, a group advocating the Clean LA Solar program since 2009.

Fred Pickel, the city's ratepayer advocate, told commissioners that 17 cents per kilowatt hour was above market rates and could force significant rate increases on DWP customers. Higher DWP bills could drive jobs away, Pickel told the board.

But the board unanimously decided to move ahead, and to reassess the program at regular intervals.

In March, the commission will decide whether to add an additional 50 megawatts of energy to the buyback program. The full 150-megawatt program would create enough solar energy to power 34,000 Los Angeles homes, advocates say.

Once qualified, DWP customers with large multi-family dwellings, warehouses, school facilities and parking lots can sell solar energy at 17 cents per kilowatt hour. The DWP is offering a tiered-pricing schedule that drops to 13 cents per kilowatt hour as energy contracts are reserved, DWP officials said.

Single-family homes generally don't produce enough energy to qualify.

Some of the contracts will be set aside for smaller solar producers to give them a better shot at winning slots, officials said. Customers participating in other solar-incentive initiatives, such as net-metering, do not qualify for the buyback contracts, DWP officials said.

Environmental groups have long pushed for a feed-in-tariff, arguing that it would spur more commercial property owners to go solar. Sacramento and San Diego have their own versions, and Florida is experimenting with buybacks.

Evan Gillespie, campaign representative for the Sierra Club's Beyond Coal Campaign, said the vote will allow the DWP to curtail its dependence on out-of-state energy generators. In addition, it promises 4,500 jobs and $500,000 in new economic activity for the city, he said.

"In the 21st century, it is simply unacceptable for 40% of L.A.'s energy to come from aging out-of-state polluting coal-fired power plants,'' Gillespie said.

Following the vote, Toronto-based Solar Provider Group announced that it would expand its operations in Los Angeles by opening an office and hiring 30 people. The company plans to invest up to $50 million by the end of 2016, said president Christian Wentzel.

"This program provides us with the stability we need to enter the U.S. solar market,'' he said.

DWP staffers recommended a 17-cents-per-kilowatt-hour rate as a starting point to reflect the relatively higher cost of buying solar energy compared to other commodities. The cost of getting the program up and running will raise the average residential monthly electric bill by about 4 cents, according to a staff report.

The DWP will hire an administrator and about 30 other people to operate the program, but most of those costs will be reimbursed by program participants, the report said.

Expanding local solar power is a key strategy for the DWP to meet the state-mandated renewable energy level of 33% by 2020.

catherine.saillant@latimes.com

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In gun debate, video game industry defends itself

WASHINGTON (AP) — The video game industry, blamed by some for fostering a culture of violence, defended its practices Friday at a White House meeting exploring how to prevent horrific shootings like the recent Connecticut elementary school massacre.

Vice President Joe Biden, wrapping up three days of wide-ranging talks on gun violence prevention, said the meeting was an effort to understand whether the U.S. was undergoing a “coarsening of our culture.”

“I come to this meeting with no judgment. You all know the judgments other people have made,” Biden said at the opening of a two-hour discussion. “We’re looking for help.”

The gaming industry says that violent crime, particularly among the young, has fallen since the early 1990s while video games have increased in popularity.

There are conflicting studies on the impact of video games and other screen violence. Some conclude that video games can desensitize people to real-world violence or temporarily quiet part of the brain that governs impulse control. Other studies have concluded there is no lasting effect.

Cheryl Olson, a participant in Biden’s meeting and a researcher of the effect of violent video games, said there was concern among industry representatives that they would be made into a scapegoat in the wake of the Connecticut shooting.

“The vice president made clear that he did not want to do that,” Olson said.

Biden is expected to suggest ways to address violence in video games, movies and on television when he sends President Barack Obama a package of recommendations for curbing gun violence Tuesday. The proposals are expected to include calls for universal background checks and bans on assault weapons and high-capacity ammunition magazines.

Obama appointed Biden to lead a gun violence task force after last month’s shooting at a Newtown, Conn., elementary school that left 20 children and six educators dead.

Gun-safety activists were coalescing around expanded background checks as a key goal for the vice president’s task force. Some advocates said it may be more politically realistic — and even more effective as policy — than reinstating a ban on assault weapons.

The Brady Campaign to Prevent Gun Violence said some 40 percent of gun sales happen with no background checks, such as at gun shows and by private sellers over the Internet or through classified ads.

“Our top policy priority is closing the massive hole in the background check system,” the group said.

While not backing off support for an assault weapons ban, some advocates said there could be broader political support for increasing background checks, in part because that could actually increase business for retailers and licensed gun dealers who have access to the federal background check system.

“The truth is that an assault weapons ban is a very important part of the solution — and it is also much tougher to pass,” said Mark Glaze, director of Mayors Against Illegal Guns.

Restrictions on high-capacity ammunition magazines are also seen by some as an easier lift politically than banning assault weapons.

The National Rifle Association adamantly opposes universal background checks, as well as bans on assault weapons and high-capacity magazines — all measures that would require congressional approval. The NRA and other pro-gun groups contend that a culture that glamorizes violence bears more responsibility for mass shootings than access to a wide range of weapons and ammunition.

In a 2009 report, the American Academy of Pediatrics declared, “The evidence is now clear and convincing: Media violence is one of the causal factors of real-life violence and aggression.”

The report focused on all types of media violence. But for video games in particular, the pediatricians cited studies that found high exposure to violent ones increased physical aggression at least in the short term, and warned that they allow people to rehearse violent acts. On the other hand, it said friendly video games could promote good behavior.

A wide spectrum of the video game industry was represented at the meeting with the vice president, including the makers of violent war video games like “Call of Duty” and “Medal of Honor” and a representative from the Entertainment Software Ratings Board, which sets age ratings that on every video game package released in the United States.

The vice president met Thursday with representatives from the entertainment industry, including Motion Picture Association of America and the National Cable & Telecommunications Association. In a joint statement after the meeting, a half-dozen said they “look forward to doing our part to seek meaningful solutions” but offered no specifics.

Biden, hinting at other possible recommendations to the president, said he is interested in technology that would keep a gun from being fired by anyone other than the person who bought it. He said such technology may have curtailed what happened last month in Connecticut, where the shooter used guns purchased by his mother.

The vice president has also discussed making gun trafficking a felony, a step Obama can take through executive action. And he is expected to make recommendations for improving mental health care and school safety.

“We know this is a complex problem,” Biden said. “We know there’s no single answer.”

The president plans to push for the new measures in his State of the Union address, scheduled for Feb. 12.

___

Associated Press writers Lauran Neergaard and Darlene Superville contributed to this report.

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Britney Spears and fiance end yearlong engagement

LOS ANGELES (AP) — Britney Spears announced Friday that she has ended her yearlong engagement, capping a week of changes that included her leaving "The X Factor" and promising fans she was returning her focus to music.

Within hours of confirming her departure from the Fox reality series, Spears also announced that her relationship with talent agent Jason Trawick had ended.

"Jason and I have decided to call off our engagement," Spears said in the statement. "I'll always adore him and we will remain great friends."

Spears' publicist Jeff Raymond said the breakup was a difficult decision made by "two mature adults."

"I love and cherish her and her boys, and we will be close forever," Trawick said in a joint statement that was first reported by People magazine.

Trawick also resigned his role Friday as a Spears' co-conservator, with Superior Court Judge Reva Goetz approving his departure from the case.

Spears and Trawick got engaged in December 2011 and he was added as her co-conservator in April.

Spears, 31, has been under a court-supervised conservatorship since February 2008, with her father and another co-conservator, Andrew Wallet, having control over numerous aspects of her personal life. The case was opened after several incidents of erratic behavior by the pop singer and a pair of hospitalizations, but Spears has recovered and she appeared weekly on "X Factor."

She said in a statement that judging young talent made her miss performing. "I can't wait to get back out there and do what I love most," she said in a statement.

Her father Jamie Spears met with Goetz for about an hour on Friday but left before a hearing where Trawick's resignation was announced.

Trawick has served as Spears' agent and the pair started dating in 2009.

Trawick did not have authority over Spears' finances, which have rebounded since her public meltdown. Goetz recently reviewed and approved of an accounting that showed Spears ended 2010 with more than $27.5 million in assets, including nearly $15 million in cash.

Attorneys handling the case are expected to file updated financial statements in the coming months.

___

Anthony McCartney can be reached at http://twitter.com/mccartneyAP .

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Makers of Violent Video Games Marshal Support to Fend Off Regulation

WASHINGTON — With the Newtown, Conn., massacre spurring concern over violent video games, makers of popular games like Call of Duty and Mortal Kombat are rallying Congressional support to try to fend off their biggest regulatory threat in two decades.

Alex Wong/Getty Images

Vice President Joseph R. Biden Jr. meeting Friday with video game industry executives, a response to last month's massacre.

The $60 billion industry is facing intense political pressure from an unlikely alliance of critics who say that violent imagery in video games has contributed to a culture of violence. Vice President Joseph R. Biden Jr. met with industry executives on Friday to discuss the concerns, highlighting the issue’s prominence.

No clear link has emerged between the Connecticut rampage and the gunman Adam Lanza’s interest in video games. Even so, the industry’s detractors want to see a federal study on the impact of violent gaming, as well as cigarette-style warning labels and other measures to curb the games’ graphic imagery.

“Connecticut has changed things,” Representative Frank R. Wolf, a Virginia Republican and a frequent critic of what he terms the shocking violence of games, said in an interview. “I don’t know what we’re going to do, but we’re going to do something.”

Gun laws have been the Obama administration’s central focus in considering responses to the shootings. But a violent media culture is being scrutinized, too, alongside mental health laws and policies.

“The stool has three legs, and this is one of them,” Mr. Wolf said of violent video games.

Studies on the impact of gaming violence offer conflicting evidence. But science aside, public rhetoric has clearly shifted since the shootings, with politicians and even the National Rifle Association — normally a fan of shooting games — quick to blame video games and Hollywood movies for inuring children to violence.

“I don’t let games like Call of Duty in my house,” Gov. Chris Christie of New Jersey said this week on MSNBC. “You cannot tell me that a kid sitting in a basement for hours playing Call of Duty and killing people over and over and over again does not desensitize that child to the real-life effects of violence.”

Residents in Southington, Conn., 30 miles northeast of Newtown, went so far as to organize a rally to destroy violent games. (The event was canceled this week.) Mr. Biden, meeting with some of the industry’s biggest manufacturers and retailers, withheld judgment on whether graphic games fuel violence. But he added quickly, “You all know the judgment other people have made.”

Industry executives are steeling for a political battle, and they have strong support from Congress as well as from the courts.

Industry representatives have already spoken with more than a dozen lawmakers’ offices since the shootings, urging them to resist threatened regulations. They say video games are a harmless, legally protected diversion already well regulated by the industry itself through ratings that restricting some games to “mature” audiences.

With game makers on the defensive, they have begun pulling together scientific research, legal opinions and marketing studies to make their case to federal officials.

“This has been litigated all the way to the Supreme Court,” Michael Gallagher, chief executive of the industry’s main lobbying arm, said in an interview, referring to a 2011 ruling that rejected a California ban on selling violent games to minors on First Amendment grounds.

Twenty years ago, with graphic video games still a nascent technology, manufacturers faced similar threats of a crackdown over violent games. Even Captain Kangaroo — Bob Keeshan — lobbied for stricter oversight. The industry, heading off government action, responded at that time by creating the ratings labels, similar to movie ratings, that are ubiquitous on store shelves today.

This time, with a more formidable presence in Washington, the industry is not so willing to discuss voluntary concessions.

Game makers have spent more than $20 million since 2008 on federal lobbying, and millions more on campaign donations.

Mr. Gallagher’s group, the Entertainment Software Association, has five outside lobbying firms to push its interests in Washington. And the industry has enjoyed not only a hands-off approach from Congress, which has rejected past efforts to toughen regulations, but also tax breaks that have spurred sharp growth.

Game makers even have their own bipartisan Congressional caucus, with 39 lawmakers joining to keep the industry competitive.

Michael D. Shear contributed reporting.

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Cold winter puts a chill on China's economy

By David Pierson, Los Angeles Times

January 12, 2013

BEIJING — China's coldest winter in nearly three decades sent vegetable prices soaring and drove inflation to a seven-month high in December.

Consumer prices rose 2.5% from December a year earlier, China's National Bureau of Statistics said Friday, up from 2% year-over-year growth in November.

A key reason for concern is that rising inflation could restrict China's ability to stimulate growth if its tepid recovery loses momentum.

Higher food prices also worry the Chinese government because discontent rises when poorer people have to pay a bigger share of their income on food. Chinese households spend more than 20% of their earnings on food, or more than three times as much as U.S. households spend, according to the American Enterprise Institute.

Still, economists noted, inflation was modest and would remain manageable for the remainder of the year.

"In all, we are still not particularly concerned about high inflation in 2013," Louis Kuijs, an economist for the Royal Bank of Scotland, said in a research note Friday.

China has been battered by a deep chill in recent weeks that has killed livestock and ruined crops. Vegetable prices last month rose 17.5% from November, accounting for more than half of the overall increase in consumer prices last month.

"Many places saw their temperatures drop to historical lows," Yu Qiumei, a senior analyst for the statistics bureau, said. "Frequent snow in the north and rainy and gloomy weather in the south impacted the production, transportation and sales of vegetables."

Analysts said prices for food probably will continue to rise as demand soars during the Chinese New Year national holiday next month, then will level off.

david.pierson@latimes.com

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Irvine City Council overhauls oversight, spending on Great Park

Capping a raucous eight-hour-plus meeting, the Irvine City Council early Wednesday voted to overhaul the oversight and spending on the beleaguered Orange County Great Park while authorizing an audit of the more than $220 million that so far has been spent on the ambitious project.

A newly elected City Council majority voted 3 to 2 to terminate contracts with two firms that had been paid a combined $1.1 million a year for consulting, lobbying, marketing and public relations. One of those firms — Forde & Mollrich public relations — has been paid $12.4 million since county voters approved the Great Park plan in 2002.

"We need to stop talking about building a Great Park and actually start building a Great Park," council member Jeff Lalloway said.

The council, by the same split vote, also changed the composition of the Great Park's board of directors, shedding four non-elected members and handing control to Irvine's five council members.

The actions mark a significant turning point in the decade-long effort to turn the former El Toro Marine base into a 1,447-acre municipal park with man-made canyons, rivers, forests and gardens that planners hoped would rival New York's Central Park.

The city hoped to finish and maintain the park for years to come with $1.4 billion in state redevelopment funds. But that money vanished last year as part of the cutbacks to deal with California's massive budget deficit.

"We've gone through $220 million, but where has it gone?" council member Christina Shea said of the project's initial funding from developers in exchange for the right to build around the site. "The fact of the matter is the money is almost gone. It can't be business as usual."

The council majority said the changes will bring accountability and efficiencies to a project that critics say has been larded with wasteful spending and no-bid contracts. For all that has been spent, only about 200 acres of the park has been developed and half of that is leased to farmers.

But council members Larry Agran and Beth Krom, who have steered the course of the project since its inception, voted against reconfiguring the Great Park's board of directors and canceling the contracts with the two firms.

Krom has called the move a "witch hunt" against her and Agran. Feuding between liberal and conservative factions on the council has long shaped Irvine politics.

"This is a power play," she said. "There's a new sheriff in town."

The council meeting stretched long into the night, with the final vote coming Wednesday at 1:34 a.m. Tensions were high in the packed chambers with cheering, clapping and heckling coming from the crowd.

At one point council member Lalloway lamented that he "couldn't hear himself think."

During public comments, newly elected Orange County Supervisor Todd Spitzer chastised the council for "fighting like schoolchildren." Earlier this week he said that if the Irvine's new council majority can't make progress on the Great Park, he would seek a ballot initiative to have the county take over.

And Spitzer angrily told Agran that his stewardship of the project had been a failure.

"You know what?" he said. "It's their vision now. You're in the minority."

mike.anton@latimes.com

rhea.mahbubani@latimes.com

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Academy Launches Oscar App on Android, Amazon

LOS ANGELES (TheWrap.com) – The Academy launched its official Oscars app on Android and Amazon on Thursday, expanding its initiative to direct fans’ attention from the television to the second screen.

The app, already available on the iPad and iPhone, was made available for free on the Google Play store and the Amazon app store, the Academy said. According to iTunes, the iPad app was updated earlier on Wednesday.

Developed by the Academy and Disney/ABC Television Group’s digital media arm, the app allows users to see behind-the-scenes videos and stories with host Seth MacFarlane and search information about the nominees. It also features a “My Picks” ballot on which users can organize their dream-team of winners.

On Oscar night on February 24, the app will feature “Backstage Pass,” a live telecast from more than a dozen cameras placed on the Red Carpet and throughout the Dolby Theatre – in the press room, the control room, backstage and elsewhere.

And a ticker on the app will notify when a users’ favorite actor and actress arrives on stage.

“We’re always looking for ways to bring fans closer to the show and this app provides a unique and fun way to do that,” Josh Spector, the managing director of digital media and marketing for the Academy, said in a statement. “More fans than ever will be able to enjoy the full Oscar experience now that our app is available to Droid users.”

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Warner wins legal victory for control of Superman

SAN FRANCISCO (AP) — Just in time for the summer release of a hoped-for blockbuster movie "Man of Steel," Warner Bros. won a second significant legal victory Thursday giving it complete commercial control of the lucrative Superman franchise.

A three-judge panel of the 9th U.S. Circuit of Appeals unanimously ruled that the heirs of Superman's co-creator Jerome Siegel must abide by a 2001 letter written by the family's attorney accepting Warner Bros.' offer for their 50 percent share of Superman. Though the five-page letter was never formalized into a contract, the appeals court said it was still binding.

"Statements from the attorneys for both parties establish that the parties had undertaken years of negotiations, that they had resolved the last outstanding point in the deal during a conversation on Oct. 15, 2001, and that the letter accurately reflected the material terms they had orally agreed to on that day," Judge Stephen Reinhardt wrote for the panel.

The ruling Thursday undoes a 2008 trial court decision ordering Warner Bros. to share an undetermined amount of money earned since 1999 with the heirs, and to give the family control of key components of the Superman story, including his costume. If that decision were to stand, the studio would have had to negotiate a new costly royalty agreement with the family.

"The court's decision paves the way for the Siegel finally to receive the compensation they negotiated for and which DC has been prepared to pay for over a decade," Warner Bros. said in a prepared statement, referring to its DC Comics division. "We are extremely pleased that Superman's adventures can continue to be enjoyed across all media platforms worldwide for generations to come."

The family's attorney, Marc Toberoff, didn't respond to a request for comment.

Toberoff said earlier that he would appeal another significant Warner Bros. victory won in October involving the family of Superman's other creator, Joseph Shuster, and their bid for half the commercial rights. Toberoff also represents the Shuster heirs, who lost their bid to retain a 50 percent share of Superman.

A federal judge in Los Angeles had ruled that Shuster's sister and brother relinquished any chance to reclaim Superman copyrights in exchange for annual pension payments from DC Comics. U.S. District Judge Otis Wright noted in that case that the families of both creators have been paid in excess of $4 million since 1978, plus undefined bonuses and medical benefits.

In April, the $412 check that DC Comics wrote in 1938 to acquire Superman and other creative works by Shuster and Siegel sold for $160,000 in an online auction.

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