The Haggler: Telemarketer’s Tactics and Regulators’ Response Elicit Complaints





LAST month, the Haggler was sitting at home when the phone rang.




“This is your second and final notice,” intoned the stern voice of a robocaller. This vaguely threatening opener segued quickly into a lilting spiel about credit cards and consolidation. Something about an offer to lower rates? It was hard to tell, but when the Haggler heard he could press 1 for more information, naturally, he pressed 1.


After a pause, a man introduced himself as Robert, and offered the services of Account Management Assistance. It was hard to tell exactly what A.M.A. was selling, but the Haggler was assured it would cost him nothing and reduce his credit card interest payments.


“Sure, I’m interested,” quoth the Haggler, hoping to draw out some information. But Robert was soon spooked by this softball question: “Where are you guys located?”


Click.


Intrigued, the Haggler typed A.M.A.’s phone number — captured on caller ID — into a Web site called 800notes.com, which provides a forum for those on the receiving end of unwanted calls. On pages dedicated to 855-462-3833, the Haggler found dozens of complaints, and many of those complainers had signed up for A.M.A.’s service. The company had charged as much as $2,000, promising to negotiate lower credit card rates with banks.


There were no satisfied customers.


“They got me too!” wrote one. “Lying freaks,” wrote another.


So the Haggler posted an invitation on the site, asking anyone disappointed by A.M.A. to get in touch. A week later, an e-mail arrived from Anna Mikiewicz of Palatine, Ill.


“The whole experience is enough to put someone in an early grave,” she wrote. “I’ve been run through the mill.”


Ms. Mikiewicz outlined how she’d been charged $1,000 by A.M.A. For her money, the company signed her up for a credit card that offered zero percent interest for a limited period, something she could have done herself, free. Her attempts to get a refund included dozens of calls, to a variety of employees at A.M.A., as well as unsuccessful efforts to persuade government bodies to investigate. Because A.M.A. gives its address as a post office box in Orlando, that included Florida’s attorney general’s office and Department of Agriculture and Consumer Services.


Nobody had helped.


Now it was the Haggler’s turn. Ms. Mikiewicz said that a man named Mark Dowell was the manager at A.M.A., and suggested that calls begin with him.


“May I speak to Mark Dowell?” the Haggler said, after dialing 407-480-4489, a number A.M.A. had provided to Ms. Mikiewicz back when they were speaking.


“He’s gone for the day,” replied a receptionist.


“Can you leave him a message?” said the Haggler.


“Hold, please,” she said.


“Who are you looking for?” she then asked.


“Mark Dowell.”


“We don’t have a Mark Dowell. We have a Mark Dolan. What company are you trying to reach?”


“Account Management Assistance.”


“You’ve got the wrong number.”


“Well, what company is this?”


“I can’t give out that information.”


“Really? How come?”


“It’s not in my job description.”


“Well, it’s not in my job description either. But I still tell people where I work.”


“What town is the company you’re trying to reach?”


“Orlando.”


“O.K. We’re Elephant Inc. We’re based in Hawaii.”


The next day, the Haggler called the same number, asking for Mark Dowell.


“He’s on the line with another customer. Would you like to leave a message?”


The Haggler did, twice, and has never heard back.


IT turns out that A.M.A. doesn’t have a Web site, and, other than that post office box, doesn’t seem to exist in physical space. Nonetheless, there are clues about who may be behind this operation. The Better Business Bureau has a page for a Florida company called Your Financial Ladder — which gets an “F” grade, by the way — that seems to do business as Account Management Assistance, as well as other names, including Economic Progress Inc.


Economic Progress, according to a 2012 Florida incorporation filing, is operated by Brenda Helfenstine. She and her husband, Tony, ran into some trouble last year. The attorney general of Arkansas sued Your Financial Ladder, and four other companies, accusing them of violating the Telemarketing Consumer Fraud and Abuse Prevention Act, among other laws. He named Brenda and Tony Helfenstine and accused their company of making illegal robocalls and assessing fees to consumers without providing promised aid.


So the Haggler called the Helfenstines, whose phone number was dug up by a Times researcher, Jack Styczynski, and left a message. Tony Helfenstine returned that call, but after follow-up calls, he went silent.


“This is your second and final notice,” the Haggler wisecracked on the Helfenstines’ answering machine, to his own great amusement. Nothing.


What about those government agencies? Well, a spokesman for the Florida Department of Agriculture and Consumer Services says it recently started an investigation of Your Financial Ladder that ended uneventfully after an inspector was dispatched to the contact address listed on the company’s Web site, 1760 Sundance Drive, in St. Cloud.


“The inspector noted that the address was a residence and that there was no evidence of a telemarketing operation at the time,” wrote Amanda Bevis, a spokeswoman for the department. “The investigation had reached a dead end.”


Actually, the investigation had reached the home of Brenda and Tony Helfenstine. Seriously, that address, according to easily accessible public records, is where the Helfenstines seem to live.


Deep breaths, people. Yes, it’s maddening that our consumer protection agencies are so easily foiled. Or unmotivated. Perhaps they need a nudge. So, dear readers, the Haggler cordially invites you to contact Adam Putnam, commissioner of Florida’s consumer services department, on Twitter at @adamputnam, and Pam Bondi, Florida’s attorney general, at @AGPamBondi. Tell them you care. And stay tuned.


E-mail: haggler@nytimes.com. Keep it brief and family-friendly, include your hometown and go easy on the caps-lock key. Letters may be edited for clarity and length.



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Gunfire and deadly crash rattle the Las Vegas Strip









LAS VEGAS — A spectacular predawn crash on the Strip — triggered when bullets fired from a black Range Rover peppered a Maserati — hit this resort city right between the eyes. In the end, three people were dead and a major intersection under lockdown during a three-state manhunt for the shooters, leaving even casino veterans used to the extraordinary scratching their heads.


The mayhem was sparked, witnesses told police, by a quarrel early Thursday at a hotel valet stand.


The two vehicles left the Aria resort hotel and were heading north on Las Vegas Boulevard at 4:20 a.m., an hour when the casino marquees shine brightly but the gambling thoroughfare is largely empty. At Harmon Avenue, occupants inside the Range Rover opened fire on the Maserati, police said.





The silver-gray sports car, which was struck several times, sped into the intersection at Flamingo Road, ramming a Yellow cab. The taxi exploded, killing the driver and a passenger. Four other vehicles in the intersection were also involved in the crash and explosion, but officers offered no details.


"Omg Omg Omg that car just blew up!" one witness tweeted shortly after the crash, posting a photo of the wreckage. "God Bless their Souls! Omg!"


The driver of the Maserati died later at a hospital, police said. A passenger in the vehicle received minor injuries and was being interviewed by investigators. At least three others were also injured.


Police in Nevada, California, Arizona and Utah were on alert for the distinctive black Range Rover SUV, described as having dark-tinted windows, black rims and out-of-state paper dealer plates.


"We are going to pursue these individuals and prosecute them," Clark County Sheriff Doug Gillespie said at an afternoon news conference. "This act was totally unacceptable. It's not just tragic but unnecessary — the level of violence we see here in Las Vegas and across America."


Authorities had not publicly identified the dead. But a Las Vegas television station late Thursday identified the taxi driver as Michael Boldon, 62, who the station said had recently moved here from Michigan to care for his 93-year-old mother.


The victim's son, who drives a limousine, told Fox News 5 that he last talked with his father after 3 a.m., and later called his cellphone shortly after the crash to warn him to avoid the Strip. But there was no answer.


The station also identified the driver of the Maserati as Ken Cherry, a rap artist from Oakland who also is known as "Kenny Clutch." The station quoted family members identifying Cherry as the driver. An Internet video of a Cherry song called "Stay Schemin" shows two men in a vehicle on the Strip.


Police had more questions than answers.


"It began with a dispute at a nearby hotel and spilled onto the streets," said Capt. Chris Jones of the Las Vegas Police Robbery and Homicide Division.


The morning's events threw the Strip into disarray all day. The gambling boulevard's busiest and best-known intersection was cordoned off by yellow police tape until nightfall, keeping traffic and curious pedestrians away from the carnage. Even skywalks were blocked off.


While slot machines beeped and card games continued inside casinos around the accident scene — including the Bellagio, Caesars Palace and Paris Las Vegas — hotel bell captains were fielding questions from tourists who had awakened to news of the crash and the Strip shutdown. The alleys and side streets between nearby hotels were clogged with pedestrians who inched along on narrow sidewalks, past delivery doors, many making their own paths between the landscaped bushes and palm trees.


Even casino industry workers were thrown into turmoil. Hotel maids and dealers who finished their midnight shifts after dawn were left without bus service home. "I'm stranded," said Tiruselam Kefyalew, 25, a maid. "What a day to leave my cellphone at home."


Limousine drivers who normally prowl the city's gambling core improvised detours. Some said the police blockade would cost them $500 or more in lost business and tips.


"Most people understand, but you have your complainers," said Jim DeSanto, a limo driver who waited for fares outside Bally's casino. "Those people will complain, even when everything is perfect."


Well after noon, guests peered out nearby hotel windows and others leaned into the street to glimpse the crime scene.


"Hey, honey, it must have happened right here," one man told his wife as they left Caesars around noon. The tourist, who would only say that he had arrived from Tampa, Fla., the previous evening, had looked out his hotel window at 4:30 to see a vehicle in flames.





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Welcome to 'The Deconstruction,' a Competitive Sport for Makers



There was a time when skateboarding and snowboarding were counter-cultural activities, but today Shaun White is a gold medalist, and Jason Naumoff is one of the big reasons why. Now, this former X-Games marketer is trying to turn “making” into a competitive sport with a project called “The Deconstruction” — a 48-hour DIY competition/telecast happening this weekend.


Naumoff, who got his start developing extreme events for ESPN, describes the Deconstruction as “a participatory space to collaborate and create things. Not an event, but a light-hearted situation that allows awesome things to happen.”


In the event, participating teams will choose a subject that can be “deconstructed” in the broadest sense of the word. Teams could deconstruct film and experiment with art form, or deconstruct energy by exploring the potential of pedal-powered gadgets. Naumoff says the only requirement is that projects must be “awesome.”


The projects aren’t strictly defined, but the requirements for documentation are. Each team will have their own page on the Deconstruction site. They must set up a video stream using a service like Justin.tv or Ustream and embed that on the page, allowing fans to follow their progress. Followers can ask questions, suggest ideas, or cheer their teams on in real time using a chat widget. “Documentation is a big priority with this project,” says Naumoff. “People make this amazing stuff you see online. It all works perfectly and is amazing, but there is rarely the documentation on what makes it work. We set it up so people are documenting the process of creating.”


Judging creative projects that could range from a recipe created in a kitchen to a solar-powered water pump built in a hackerspace will be difficult, but Naumoff and his team are up for the challenge. “It’s going to be conceptually based,” says Naumoff. “We’ll look at what the overall concept being deconstructed, what was remixed, and rethought. It’s also about creating the greatest thing for the least amount of money. There will be a matrix scale between awesome/not awesome and expensive/non-expensive.”


There will be no medals awarded, but the winner will take home a 40-watt Full Spectrum laser cutter as well as some pretty serious bragging rights.



Even for those not participating there will be an engaging spectator experience. 12 people are working on producing the event’s geographically diverse multicast, being coordinated Synergize Studios, a professional video production firm in San Francisco. Naumoff’s group will be interacting with the teams in real time, but there will be no banal play-by-play announcement. “Its not sports commentary at all,” says Naumoff. “The live show side of it is a collaborative talk show. The streaming is there as a device to connect people. We’re going to encourage the teams to connect and collaborate with other teams and spectators.”


“We’re trying to create an event that anyone can participate in,” says Naumoff. ”You see these really brilliant people that are creating these lofty things, but anyone can do it, they just need to push themselves. Our big priority is to let people know you don’t need a Ph.d. in mechanical engineering or physics or be a well known filmmaker to make great things.”


New teams can continue to register and participate throughout the weekend, while the event is live. So far 50 teams have signed up on six continents, but there is still room for a team from Antarctica.


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Madonna crowned top music earner in 2012 due to world tour






(Reuters) – Madonna was named the biggest money maker in music in 2012 on Friday, with a world tour helping her take home up to $ 34.6 million and highlighting the earning power of live performances as the industry increasingly goes digital.


The 54-year-old Material Girl topped Billboard Magazine’s annual list of 40 top money makers for the second time after earning an estimated $ 32 million – 93.5 percent of her revenue – from her 88-date “MDNA” tour, 2012′s biggest tour.






Madonna, who also led the list in 2008 due to tour income, was the only woman in the top 10 with last year’s winner, Taylor Swift, who fell to 15th place as she did not tour in 2012.


In second place in the music magazine’s list was Bruce Springsteen whose $ 33.4 million revenue was also primarily driven by touring, playing to sold-out stadiums and arenas.


Springsteen, who also released a No. 1 album, “Wrecking Ball,” last year, earned 92 percent of his revenue from live shows where strong merchandise sales also boosted takings.


Roger Waters, founder of Pink Floyd, came a distant third with earnings of $ 21 million largely from “The Wall Live” tour and Van Halen was fourth with $ 20 million after touring in support of their album “A Different Kind of Truth”.


“When it comes to making the biggest score, the most money always comes from high-paying live performances,” Billboard’s editorial analyst Glenn Peoples wrote in explaining the list.


“Ironically, the most popular touring artists are usually well past their peaks on the album sales charts.”


Country music veteran Kenny Chesney, the Dave Matthews Band, country’s Tim McGraw and Jason Aldean, and British band Coldplay came next on the list.


Canadian teen sensation Justin Bieber was 10th, earning almost $ 16 million of which about $ 10 million came from his sold-out “Believe” arena tour.


“The entire top 10 averaged 84.2 percent of their income from concerts, and the number would have been higher, if not for Justin Bieber’s mere 60.1 percent share at No. 10 dragging down the average,” said Billboard.


However touring was not vital for every act on the list such as Swift and Britain’s Adele.


Swift earned $ 12.7 million after selling the most digital tracks in 2012. She sold more than 3 million digital albums and 15.6 million digital tracks driven by her hit “We Are Never Ever Getting Back Together”.


Adele took the year out after having a baby but still earned nearly $ 14 million, putting her 11th in the rankings, due to continuing strong physical and digital sales for her album “21″.


Maroon 5, ranked 33rd in the list, took the highest share of streaming revenue which made 3.5 percent of its $ 7.2 million.


Billboard said streaming music online to paying customers has not caught on with older generations and was small in percentage terms but growing.


“Yet even in the coming years, as streaming services become a more important revenue source, possibly replacing digital downloads and CD sales, one thing is unlikely to change: concerts will have the greatest influence of top earners’ overall earnings,” said Peoples.


The list was compiled by Billboard editors using data for Boxscore archives of U.S. concert gross figures, Nielsen SoundScan data for sales, YouTube, and Nielsen BDS data.


The full list can be seen at http://billboard.com/moneymakers


(Reporting by Elaine Lies, Editing by Belinda Goldsmith)


Music News Headlines – Yahoo! News





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Question Mark: Acne Common in Baby Boomers Too


Pimples are no surprise on babies and teenagers, but boomers?







You no longer have to gaze over a school lunchroom, hoping to find a seat at a socially acceptable table. You don’t rush to get home at night before your junior license driving restrictions kick in. And you men no longer have to worry that your voice will skip an octave without warning.




But if adolescence is over, what is that horrid protuberance staring at you in the mirror from the middle of your forehead? Some speak of papules, pustules and nodules, but we will use the technical term: zit. That thing on your forehead now is the same thing that was there back in high school, or at least a close relative. Same as it ever was (cue “Once in a Lifetime”).


We get more than the occasional complaint here from baby boomers who want to know about this aging body part or that. So you would think people would be happy with any emblem of youth — even if it is sore and angry-looking and threatening to erupt at any second. But oddly, there are those who are not happy to see pimples again, and some have asked for an explanation.


Acne occurs when the follicles that connect the pores of the skin to oil glands become clogged with a mixture of hair, oils and skin cells, and bacteria in the plug causes swelling, experts say. A pimple grows as the plug breaks down.


According to the American Academy of Dermatology, a growing number of women in their 30s, 40s, 50s and even beyond are seeking treatment for acne. Middle-age men are also susceptible to breakouts, but less so, experts say.


In some cases, people suffer from acne that began in their teenage years and never really went away. Others had problems when they were younger and then enjoyed decades of mostly clear skin. Still others never had much of the way of pimples until they were older.


Whichever the case, the explanation for adult acne is likely to be the same as it is for acne found in teenagers and, for that matter, newborns: hormonal changes. “We know that all acne is hormonally driven and hormonally sensitive,” said Dr. Bethanee J. Schlosser, an assistant professor of dermatology at Northwestern.


Among baby boomers, the approach of menopause may result in a drop in estrogen, a hormone that can help keep pimples from forming, and increased levels of androgens, the male hormone. Women who stop taking birth control pills may also see a drop in their estrogen levels.


Debate remains over what role diet plays in acne. Some experts say that foods once thought to cause pimples, like chocolate, are probably not a problem. Still, while sugar itself is no longer believed to contribute to acne, some doctors think that foods with a high glycemic index – meaning they quickly elevate glucose in the body — might. White bread and sweetened cereals are examples. And for all ages, stress has also been found to play a role.


One message to acne sufferers has not changed over the years. Your mother was right: don’t pop it! It can cause scarring.


Questions about aging? E-mail boomerwhy@nytimes.com


Booming: Living Through the Middle Ages offers news and commentary about baby boomers, anchored by Michael Winerip. You can follow Booming via RSS here or visit nytimes.com/booming. You can reach us by e-mail at booming@nytimes.com.


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DealBook: Judge Sides With Einhorn and Halts an Apple Shareholder Vote

4:24 p.m. | Updated

A federal judge on Friday ordered Apple to halt collecting shareholder votes on a contentious proposal to change some of its corporate charter, handing a victory to the hedge fund manager David Einhorn.

The ruling issued Friday touches on a fairly narrow legal point. But it signals a clear win by Mr. Einhorn, who has taken up a fight with Apple over using some of its $137 billion cash hoard to make additional payouts to shareholders.

Mr. Einhorn’s firm, Greenlight Capital, has sued the iPad maker in federal district court in Manhattan, arguing that the company improperly tied together several shareholder in one voting matter. Such “bundling,” lawyers for the hedge fund argued, violated rules set y the Securities and Exchange Commission.

By allowing the vote to proceed, lawyers for the firm argued, Greenlight was being forced to vote against its own interests.

The judge overseeing the case, Richard Sullivan, firmly agreed with that interpretation.

“Given the language and purpose of the rules, it is plain to the court that Proposal No. 2 impermissibly bundles ‘separate matters’ for shareholder consideration,” Judge Sullivan wrote in his order.

His ruling orders Apple to stop accepting shareholder votes on Proposal No. 2, and comes just days before the company’s shareholder meeting next Wednesday. In a court hearing on Tuesday, Judge Sullivan candidly admitted that he believed Greenlight’s argument had legal merit.

Greenlight said in a statement: “This is a significant win for all Apple shareholders and for good corporate governance. We are pleased the Court has recognized that Apple’s proxy is not compliant with the S.E.C.’s rules because it bundles different matters in Proposal 2.”

A representative for Apple wasn’t immediately available for comment.

The company will now likely have to break up Proposal No. 2 into its separate elements and resubmit them to a vote. The timing of that move isn’t clear.

Apple had argued that the plan in its entirety was actually shareholder-friendly, and enjoyed the backing of prominent investors like the California Public Employees Retirement System.

Anne Simpson, Calpers’ director of global governance, said in a statement: “”We continue to support Apple in their efforts, and believe that the implementation of majority voting and shareholder approval for the issuance of new stock – preferred or otherwise – is worth waiting for.”

At the heart of the hedge fund’s complaint was that Apple combined a plan to eliminate its ability to issue preferred stock without shareholder approval with two other initiatives that Greenlight favored.

Behind the lawsuit is a call by Mr. Einhorn for Apple to issue preferred shares — upon which he bestowed the cutesy name “iPrefs” — that will augment an existing stock dividend and buyback program.

The hedge fund has contended that the company has far more cash than it will ever need, and that preferred shares could provide additional payouts worth about $61 a share, while still leaving the company with an enormous war chest.

“We know they embrace innovation and can recognize it when they see it, even if it isn’t the kind of innovation people usually think of when they think of Apple,” Mr. Einhorn said on a conference call with analysts on Thursday.

Ruling for Greenlight Capital in Battle With Apple

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Bulgari shows off Liz Taylor's gems









It isn't easy sometimes to be an ordinary person in Los Angeles, so near to and yet so far from the city's glamorous events.


You hear about the grand Oscar parties, but you will never be invited. The award ceremony may be taking place minutes from where you live, but you watch it at home, on TV, in your sweat pants — and you might as well be in Dubuque.


Rodeo Drive too can make you feel like a scrap on the cutting room floor. As you stroll the wide and immaculate sidewalks of Beverly Hills' iconic shopping street, you pass by boutiques you'd feel self-conscious walking into. In the windows are baubles and trinkets you could never in three lifetimes afford.





Which is why it is rather nice to be invited to make a private appointment at the house of Bulgari, the fine Italian jeweler that opened its doors in 1884.


Elizabeth Taylor loved Bulgari jewels. Richard Burton, whose torrid affair with her began during the filming of "Cleopatra" in Rome, accompanied her often to the flagship shop on the Via Condotti. He liked to joke that the name Bulgari was all the Italian she knew.


So it is fitting that starting Oscar week, the jeweler is celebrating the Oscar-winning star with an exhibit of eight of her most treasured Bulgari pieces.


They are heavy on diamonds and emeralds — of rare size, gleam and value.


And Bulgari knows their value well.


After Taylor's death, it reacquired some of the gems at a Christie's auction. One piece, an emerald-and-diamond brooch that also can be worn as a pendant, sold for $6,578,500 — breaking records both for sales price of an emerald and for emerald price per carat ($280,000).


That brooch, whose centerpiece is an octagonal step-cut emerald weighing 23.44 carats, was Burton's engagement present to Taylor. He followed it upon their marriage (his second, her fifth) with a matching necklace whose 16 Colombian emeralds weigh in at 60.5 carats. Bulgari bought the necklace back too, for $6,130,500.


They are in the exhibit, along with Burton's engagement ring to Taylor and a delicate brooch — given to her by husband No. 4, Eddie Fisher — whose emerald and diamond flowers were set en tremblant so that they gently fluttered as Taylor moved.


The jewels are not for sale.


On Tuesday night, actress Julianne Moore wore the Burton necklace, with pendant attached, at a gala for Bulgari's top clients. At the dinner hour, guests were escorted along a lavender-colored carpet to a nearby rooftop that had been transformed into a Roman terrace.


Those honored guests, of course, got private viewings of Taylor's jewels.


But so did Amanda Perry, a healer from West Hollywood who arrived the next morning for one of the first appointments available to the public.


Someone had emailed news of the collection to the 35-year-old Taylor fan. She walked in off the street Tuesday, when the exhibit was open only to press — and Sabina Pelli, Bulgari's glamorous executive vice president, fresh from Rome, was taking sips of San Pellegrino brought to her on a silver tray between back-to-back interviews that started at 5 a.m.


The camera crews were long gone when Perry came back Wednesday. She had the exhibit, and handsome sales associate Timothy Morzenti of Milan, entirely to herself.


In a black suit, still wearing on his left hand the black glove he dons to handle fine jewels, Morzenti whisked Perry off via a private elevator to the exhibit on the second floor. The jewels stood in vitrines mounted high off the ground. Behind them were photos and a slide show of Taylor, bejeweled.


"Which piece would you like to see first?" Morzenti asked her as a security guard stood by. "I personally love the emerald ring."


Then he proceeded at leisure to explain Bulgari-signature sugar-loaf cuts and trombino ring settings, while tossing in occasional Taylor stories.





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Sony Will Lose the Console War With PS4's Lame Video-Streaming Strategy



Congratulations, Sony, you just lost the console war.


Sony held reporters hostage for two hours Wednesday as it unveiled a new PlayStation controller, made a lot of promises about the PlayStation 4 and showed all the demos in the world. What it didn’t show us, aside from an actual PlayStation 4, is any kind of streaming-video strategy aside from the obligatory nod to Netflix. And thus it sealed its fate. There simply is no way Sony can compete with Microsoft without streaming video.



Andrew House, CEO of Sony Computer Entertainment, told the assembled press, “The living room is no longer the center of the console ecosystem, the gamer is.” Sony wants games to go with you everywhere. That’s a smart move, but no matter how you spin it, the PlayStation must be part of the living room if it is to have any hope of taking on the Xbox 360 — and any future consoles coming out of Redmond.


Sony was vague about pretty much everything regarding PlayStation 4. And it said nothing whatsoever about its video content plan — in fact, the only hint that Sony even has a video content plan was a slide featuring Netflix, Hulu and the like. Sony must do better than that. A lot better. Gamers increasingly look to their consoles as the gateway to streaming content. This is especially true for one of the PlayStation’s largest audiences, 20-something cord cutters. Ignoring that audience to show off 90 minutes of demos was a huge mistake. Anyone who watches TV and plays games will be wary of a console that only plays games while taking up valuable HDMI port space.


Microsoft gets this, and has been extremely aggressive in ensuring you keep your Xbox 360 on all the time. Microsoft has teamed up Comcast and Verizon to bring viewers on-demand shows. Plus, it was one of the first devices to get HBO Go. Sure, I can share a video of a game I just played with the yet-to-be-seen PlayStation 4, but can I use it as a DVR cable box? How will I watch Girls and Downtown Abbey on this thing?


Sony’s quick mention of streaming apps like Netflix was followed by a promise to talk more about its strategy in the coming year. But if the photo of video-streaming apps that appeared on stage during the presentation is any indication, PlayStation 4 doesn’t offer anything more than PlayStation 3. That’s a big fail these days. Having a Netflix app on your console is nothing. Everything has a Netflix app. You can watch Netflix on phones, tablets, computers, Blu-ray players and ovens. That’s not a strategy, that’s keeping up with two years ago.


And so we wait for more news from a company that once upon a time built really cool products people wanted. Sure the demos were dazzling with fire, explosions and so much soft lens flare. But open HDMI ports on HDTVs are scarce, and Sony is entering a tough market. Why would anyone buy a device that does one thing (games) marginally better than another device that also lets you watch Game of Thrones the day it airs? They wouldn’t.


The game has changed. It’s not just about games anymore.


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Living With Cancer: Arrivals and Departures

After being nursed and handed over, the baby’s wails rise to a tremolo, but I am determined to give my exhausted daughter and son-in-law a respite on this wintry evening. Commiserating with the little guy’s discomfort — gas, indigestion, colic, ontological insecurity — I swaddle, burp, bink, then cradle him in my arms. I begin walking around the house, swinging and swaying while cooing in soothing cadences: “Yes, darling boy, another one bites the dust, another one bites the dust.”

I kid you not! How could such grim phrases spring from my lips into the newborn’s ears? Where did they come from?

I blame his mother and her best friend. They sang along as this song was played repeatedly at the skating rink to which I took them every other Saturday in their tweens. Why would an infatuated grandma croon a mordant lullaby, even if the adorable one happily can’t understand a single word? He’s still whimpering, twisting away from me, and understandably so.

Previously that day, I had called a woman in my cancer support group. I believe that she is dying. I do not know her very well. She has attended only two or three of our get-togethers where she described herself as a widow and a Christian.

On the phone, I did not want to violate the sanctity of her end time, but I did want her to know that she need not be alone, that I and other members of our group can “be there” for her. Her dying seems a rehearsal of my own. We have the same disease.

“How are you doing, Kim?” I asked.

“I’m tired. I sleep all the time,” she sighed, “and I can’t keep anything down.”

“Can you drink … water?” I asked.

“A little, but I tried a smoothie and it wouldn’t set right,” she said.

“I hope you are not in pain.”

“Oh no, but I’m sleeping all the time. And I can’t keep anything down.”

“Would you like a visit? Is there something I can do or bring?” I asked.

“Oh, I don’t think so, no thanks.”

“Well,” I paused before saying goodbye, “be well.”

Be well? I didn’t even add something like, “Be as well as you can be.” I was tongue-tied. This was the failure that troubles me tonight.

Why couldn’t I say that we will miss her, that I am sorry she is dying, that she has coped so well for so long, and that I hope she will now find peace? I could inform an infant in my arms of our inexorable mortality, but I could not speak or even intimate the “D” word to someone on her deathbed.

Although I have tried to communicate to my family how I feel about end-of-life care, can we always know what we will want? Perhaps at the end of my life I will not welcome visitors, either. For departing may require as much concentration as arriving. As I look down at the vulnerable bundle I am holding, I marvel that each and every one of us has managed to come in and will also have to manage to go out. The baby nestles, pursing his mouth around the pacifier. He gazes intently at my face with a sly gaze that drifts toward a lamp, turning speculative before lids lower in tremulous increments.

Slowing my jiggling to his faint sucking, I think that the philosopher Jacques Derrida’s meditation on death pertains to birth as well. Each of these events “names the very irreplaceability of absolute singularity.” Just as “no one can die in my place or in the place of the other,” no one can be born in this particular infant’s place. He embodies his irreplaceable and absolute singularity.

Perhaps we should gestate during endings, as we do during beginnings. Like hatchings, the dispatchings caused by cancer give people like Kim and me a final trimester, more or less, in which we can labor to forgive and be forgiven, to speak and hear vows of devotion from our intimates, to visit or not be visited by acquaintances.

Maybe we need a doula for dying, I reflect as melodious words surface, telling me what I have to do with the life left to be lived: “To love that well, which thou must leave ere long.”

“Oh little baby,” I then whisper: “Though I cannot tell who you will become and where I will be — you, dear heart, deliver me.”


Susan Gubar is a distinguished emerita professor of English at Indiana University and the author of “Memoir of a Debulked Woman,” which explores her experience with ovarian cancer.

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H.P. Reports Decline in Revenue and Profit


SAN FRANCISCO — Battling a declining demand for personal computers, Hewlett-Packard, the world’s largest maker of PCs, reported lower quarterly earnings on Thursday.


The earnings were significantly higher than analysts had expected, however.


“The turnaround is starting to gain traction as a result of the actions we took in 2012 to lay the foundation of H.P.’s future,” Meg Whitman, the chief executive, said in a statement accompanying the earnings. “I feel good about the rest of the year.”


H.P. said net income fell 16 percent to $1.2 billion, or 63 cents a share, from the year-ago quarter.


The company said revenue fell 6 percent, to $28.4 billion.


Wall Street analysts had expected net income of 71 cents a share and revenue of $27.8 billion, according to a survey of analysts by Thomson Reuters.


H.P., based in Palo Alto, Calif., is one of the world’s largest suppliers of both PCs and computer servers. Demand for PCs has been shrinking, because of the popularity of tablets and smartphones, which H.P. doesn’t make. Servers face shrinking profit margins as more companies look beyond brand names and buy low-priced machines in bulk from Asian vendors.


Under Ms. Whitman, H.P. has focused on restructuring its printers and high-end server business to incorporate more data-analysis software that searches for documents and compiles reports like the energy use of the data center. She has warned, however, that the turnaround may take until 2017. In 2012, the company announced it would lay off 29,000 employees.


H.P.’s earnings announcement comes two days after a report of lower revenue and earnings by Dell Computer, H.P.’s main American rival.


Dell said its first-quarter revenue fell 11 percent, to $14.3 billion, while net income was off 31 percent, to $530 million, or 30 cents a share.


Michael Dell, Dell’s founder, has proposed taking his company private, for about $24.4 billion, to focus on restructuring the company away from the eyes of Wall Street.


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