Toyota on track to become world's bestselling automaker again

Toyota Motor Corp. appears poised to regain its position as the world's largest automaker, a remarkable turnaround after years of safety recalls, huge federal fines and the Japanese earthquake last year.

In short order, surging sales have put that all in the rearview mirror.

Toyota is likely to sell 9.7 million vehicles this year, surpassing second-place General Motors Co. by more than 1 million vehicles and setting a record for annual auto sales. That's generating huge profits, with earnings tripling in the latest quarter to $3.2 billion and sales surging almost 20% compared with a year earlier.

The U.S. — where Toyota's reputation suffered most through the recalls — is now a cash cow. Through the first 10 months of the year, the Japanese automaker sold more than 1.7 million cars and trucks in the country, a 30% gain and more than double the industry growth rate.

"Toyota has done some smart things," said Rebecca Lindland, an analyst with IHS Automotive. "They have concentrated a lot of time and effort on the U.S., which is incredibly important because they make so much money here."

The Japanese automaker has launched 11 new or completely redesigned models in the U.S. in the last year, including new station wagon and commuter versions of its popular Prius hybrids. On Wednesday, the first day of the Los Angeles Auto Show, it will launch a new-generation RAV4 sport utility vehicle. The current model is an aging vehicle facing stiff competition from newly redesigned offerings such as Ford Motor Co.'s Escape and Honda Motor Co.'s CR-V.

Toyota has ramped up its factories in the U.S., opening a Corolla plant in Mississippi and expanding pickup truck manufacturing in Texas. And at the urging of Chief Executive and founding-family member Akio Toyoda, the automaker is looking to inject some panache into its historically bland styling, especially for its Lexus luxury division.

Toyota now accounts for 14.4% of the U.S. auto market, up from 12.6% during the first 10 months of 2011. In retail — not including rental and fleet sales — the Toyota brand is the biggest in the U.S., outselling GM's Chevrolet.

Lynne Thomas, a Santa Monica resident who works in the restaurant industry, bought a Toyota Prius C hybrid in October after considering other fuel-efficient vehicles including the Smart fortwo, Fiat 500 and Volkswagen Jetta.

"I love the mileage. I'm getting more than 50 mpg," Thomas said. "It fits my lifestyle completely. It is easy to park in this crazy city. I can put my bike in the back and drive somewhere and do an amazing bike ride. It works really well in stop-and-go traffic."

The company is expanding its factory network in the U.S. as part of a strategy to manufacture in regional markets and blunt the profit-eating consequences of the Japanese yen's strong exchange rate with the dollar. It has put $1.4 billion into U.S. factories and equipment in the last year, adding more than 2,700 jobs, on top of the 1,300 positions created in the U.S. the previous year.

The expansion comes after Toyota's controversial decision to close the New United Motor Manufacturing Inc. plant in Fremont, Calif., displacing nearly 5,000 workers in early 2010. Toyota shut the plant after GM, as part of its bankruptcy reorganization, pulled out of joint manufacturing there.

Toyota also is shipping more U.S.-built vehicles abroad. In the first 10 months of this year, it exported 74,000 U.S.-built cars to Canada and Mexico and 29,000 to overseas markets. It is sending Kentucky-built Camrys to South Korea and Indiana-built Sequoias to Saudi Arabia. Exports of U.S.-built Toyotas are on track to rise more than 50% this year.

Just three years ago, Toyota was the second-largest auto seller in America, with 17% of the market, and was closing in on a crippled GM, which was struggling with the stigma of bankruptcy and a federal bailout. But Toyota was derailed in a series of embarrassing recalls. In one high-profile accident, an improperly positioned floor mat in a sedan from Toyota's Lexus luxury division may have trapped the accelerator — causing the car to race down California Highway 125 near San Diego at more than 100 mph. The car crashed and burned, killing off-duty California Highway Patrol Officer Mark Saylor and three members of his family.

That crash led to a safety investigation and recall of 3.8 million Toyota and Lexus vehicles to fix the floor mat problem. After a Los Angeles Times series on unintended sudden acceleration, Toyota issued millions more recall notices to fix sticking gas pedals and other issues. Then, two years ago, Toyota paid record federal fines of nearly $50 million for failing to promptly inform regulators of defects and for delaying recalls. At one point it had to halt much of its production of new cars in the U.S. to fix recalled vehicles.

Just as the automaker started to recover, it was hobbled by last year's earthquake and tsunami in Japan, which upended Toyota's manufacturing even on American soil. Toyota's share of U.S. auto sales slid to 12.9%, well below GM's and Ford's.

Several factors have helped Toyota survive the recalls and disaster-related production shutdowns, said James E. Lentz, CEO of Toyota Motor Sales, the automaker's U.S. marketing arm.

First, there was "the loyalty of our consumers as we went from the financial crisis to the recalls to the tsunami," he said. "They stayed with us for the entire time."

Lentz is thankful for customers such as Evan Rabinowitz of Sherman Oaks, who bought a Camry sedan in August.

"I didn't look at anything else because I never had an issue with my 2008 Camry. Going back to Toyota was a no-brainer," said Rabinowitz, who owns a fabric business. He said his previous Toyota was recalled twice to fix pedal issues, but that work was done quickly and well and didn't dissuade him from purchasing another Camry.

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Lining up even earlier for Black Friday becomes a shop priority

In a tradition that seems to take a bigger slice of Thanksgiving every year, hordes of deal-sniffing shoppers descended on Southland stores Thursday, elbowing their way in search of toys, video games and that time-honored Black Friday symbol: cut-rate television sets. As nightfall came, they huddled in long lines, clutching coupons and hatching shopping strategies.

Rebecca Abbott, 42, of Torrance had it down to a science Thursday night. The accountant said she was out the door of the local Toys R Us store in 20 minutes with a shopping cart full of Christmas gifts for her two daughters. 

Her fourth time shopping on Black Friday, Abbott had spent a few hours in Toys R Us the day before scoping out her plan of attack. The first item on her list: a Rockstar Mickey Mouse doll, normally priced at $59.99 but selling for just $19.99.

"You have to have a strategy for this Black Friday madness," she said as she headed for the door. "First-timers will walk around all day looking at deals," Abbott said. "I got in, grabbed my stuff and got out." Her cart was overflowing with large toys — primarily Barbie and Mickey Mouse items. 

PHOTOS: Black Friday shoppers hunt for deals

At a Wal-Mart in Panorama City, just after 8 p.m., "it was really crazy, but you could still walk," said Marya Huaman, 23, as she left the store with her dad, her two infant sons and three bags full of Fisher-Price toys.

"No, you couldn't," scoffed her father, Edward Huaman. "I didn't see anyone fighting, but they will be soon. This is madness."

Last year, Thanksgiving night was marred by a pepper spray "shopping rage" incident at a Wal-Mart in Porter Ranch that injured at least seven people and forced employees to evacuate part of the store. One person was hospitalized.

Los Angeles Police Cmdr. Andy Smith said Thursday that the night appeared to be running smoothly across Los Angeles. "In general, I think things have gone really well," he said. "It sounds like the stores have taken proper precautions and everyone is aware of the hazards of Black Friday."

After retailers last year moved the opening bell for Black Friday sales to midnight, this year there were even more customers eager to get a jump on the traditional kickoff to the holiday shopping season. Wal-Mart, Sears and Toys R Us began rolling out their door busters at 8 p.m. on Turkey Day, followed by Target at 9 p.m. Macy's, Kohl's and Best Buy were set to open at midnight.

A handful of chains such as Kmart and Old Navy also had daytime hours on Thursday. And online merchants were touting bargains all day and night.

About 147 million shoppers are expected this all-important holiday weekend, with more logging in for online specials by Cyber Monday, according to the National Retail Federation. In all, the trade group estimated that holidays sales will rise 4.1% this year, to $586 billion.

"Though the Black Friday tradition is here to stay, there's no question that it has changed in recent years," NRF Chief Executive Matthew Shay said in a statement.

Many shoppers were perfectly content to queue up. At Best Buy electronic stores across the Southland, people waited for hours — and sometimes days — in tents before the midnight opening.

But many workers were angry about spending Turkey Day away from loved ones.

Frustrated retail employees and families have taken to creating online petitions at Change.org to beg companies not to cut into Thanksgiving dinners. More than 20 online petitions have popped up in recent weeks. Lines grew throughout the afternoon and into the evening as anxious shoppers surveyed the competition in line.

Throughout Southern California there were reports of lines wrapped around stores. In Glendale, more than 750 shoppers were lined up outside the Target at the Galleria.

For shoppers who just couldn't wait until Thursday night — much less Black Friday — some retailers opened their doors all day on Thanksgiving.

The sales weren't quite as glorious as the Black Friday specials that stores promise to roll out later. But they were pretty good nonetheless, shoppers said.

JoAnne Garcia walked into Kmart in Burbank in search of a roasting pan in which to cook her turkey. She walked out 90 minutes later, having shelled out $491, including $329 for an RCA 39-inch LCD flat-panel TV.

"The roasting pan was $14.99," Garcia said, laughing at how much she spent as she rolled her cart to the parking lot.

To the 53-year-old aerospace machinist, shopping on Thanksgiving made perfect sense.

Standing near a store display touting "Freak Out Pricing," Garcia explained her theory about shopping while cooking. "You get up, throw your turkey in the oven, and you come back and it's all done."

walter.hamilton@latimes.com

joseph.serna@latimes.com

Contributing to this report were staff writers Wesley Lowery, Marisa Gerber, Nicole Santa Cruz and Andrew Khouri.

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Fired colleague of UBS rogue trader Adoboli opens betting site

LONDON (Reuters) – A former senior trader at UBS, sacked for failing to prevent colleague Kweku Adoboli from perpetrating the biggest fraud in British history, has set up a gambling website.

In a decision likely to be seized upon by critics who say traders have often made casino-style bets, John Hughes started his gambling firm even though his website said his old job had “removed all sense of optimism from his character”.

Adoboli, his former subordinate now serving seven years in jail for running up losses of $ 2.3 billion, argued during his trial that his own behavior was the result of a risky trading culture encouraged by senior colleagues, and his lawyers alleged that Hughes had played a major role in “off-book” trading.

Hughes admitted he had known of Adoboli’s scheme to hide his giant losses and that he had booked several fictitious trades himself, but denied knowledge of some of Adoboli’s biggest multi-billion dollar trades.

Hughes said he had chosen to call his new gambling website ‘BetsofMates’, a play on the expression “Best of Mates”.

That may grate with Adoboli who complained that his colleagues, including Hughes, had “sold me down the river” after a meeting at which he said it was decided he alone would carry the can for the huge losses.

Hughes and the others said they had no memory of such a meeting.

“We’re not a standard bookie,” Hughes said of his new website, which enables users to play against each other in leagues, with each player placing bets of between two and 200 pounds.

“We facilitate competition. The emphasis is a lot more on competition than yield enhancement,” he told Reuters on Thursday.

The former senior trader on the Exchange Traded Funds desk at UBS in London said Adoboli’s conviction was “just incredibly sad”. He declined to comment further.

Despite a large salary and bonus, Adoboli was himself an avid gambler and lost 123,000 pounds ($ 200,000) on spread-betting in the year before his arrest.

One prosecutor accused him of being addicted to gambling to which Adoboli countered that spread-betting was common among City traders “like a taxi driver driving his own taxi home”.

Hughes’ profile on his new firm’s website says that “seven years in the City (had) removed all sense of optimism from his character, and made him absurdly superstitious.”

He told Reuters such feelings had arisen “sitting there watching the markets for seven years and watching different news hit the tapes and obviously the last seven years haven’t been the easiest in the financial markets.”

Britain’s Gambling Commission granted a license to his pool betting company ‘Bets of Mates Limited’, which is registered to an East London address, in September 2012, two months before Adoboli was convicted.

(Editing by Andrew Osborn)

Internet News Headlines – Yahoo! News

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Marc Anthony comes to aid of Dominican orphanage

SANTO DOMINGO, Dominican Republic (AP) — Singer Marc Anthony is coming to the aid of an orphanage in the Dominican Republic.

A foundation run by Anthony with music and sports producer Henry Cardenas plans to build a new residence hall, classrooms and a baseball field for the Children of Christ orphanage in the eastern city of La Romana. Anthony attended the groundbreaking ceremony Friday with his model girlfriend Shannon de Lima.

Children of Christ Foundation Director Sonia Hane said Anthony visited the orphanage previously and decided to help. His Maestro Cares Foundation raised $200,000 for the expansion on land donated by a sugar company. The orphanage was founded in 1996 for children who were abused or abandoned or whose parents were unable to care for them.

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Inquiry Sought in Death in Ireland After Abortion Was Denied

DUBLIN — India’s ambassador here has agreed to ask Prime Minister Enda Kenny of Ireland for an independent inquiry into the death of an Indian-born woman last month after doctors refused to perform an abortion when she was having a miscarriage, the lawyer representing the woman’s husband said Thursday.

The lawyer, Gerard O’Donnell, also said crucial information was missing from the files he had received from the Irish Health Service Executive about the death of the woman, Savita Halappanavar, including any mention of her requests for an abortion after she learned that the fetus would not survive.

The death of Dr. Halappanavar, 31, a dentist who lived near Galway, has focused global attention on the Irish ban on abortion.

Her husband, Praveen Halappanavar, has refused to cooperate with an investigation being conducted by the Irish health agency. “I have seen the way my wife was treated in the hospital, so I have no confidence that the H.S.E. will do justice,” he said in an interview on Wednesday night on RTE, the state television broadcaster. “Basically, I don’t have any confidence in the H.S.E.”

In a tense debate in the Irish Parliament on Wednesday evening, Robert Dowds of the Labour Party said Dr. Halappanavar’s death had forced politicians “to confront an issue we have dodged for much too long,” partly because so many Irish women travel to Britain for abortions.

“The reality is that if Britain wasn’t on our doorstep, we would have had to introduce abortion legislation years ago to avoid women dying in back-street abortions,” he said.

After the debate, the Parliament voted 88 to 53 against a motion introduced by the opposition Sinn Fein party calling on the government to allow abortions when women’s lives are in danger and to protect doctors who perform such procedures.

The Irish president, Michael D. Higgins — who is restricted by the Constitution from getting involved in political matters — also made a rare foray into a political debate on Wednesday, saying any inquiry must meet the needs of the Halappanavar family as well as the government.

In 1992, the Irish Supreme Court interpreted the current law to mean that abortion should be allowed in circumstances where there was “a real and substantial risk to the life of the mother,” including the threat of suicide. But that ruling has never been codified into law.

“The current situation is like a sword of Damocles hanging over us,” Dr. Peter Boylan, of the Irish Institute of Obstetricians and Gynecologists, told RTE last week. “If we do something with a good intention, but it turns out to be illegal, the consequences are extremely serious for medical practitioners.”

Dr. Ruth Cullen, who has campaigned against abortion, said that any legislation to codify the Supreme Court ruling would be tantamount to allowing abortion on demand and that Dr. Halappanavar’s death should not be used to make that change.

Dr. Halappanavar contracted a bacterial blood infection, septicemia, and died Oct. 28, a week after she was admitted to Galway University Hospital with severe back pains. She was 17 weeks pregnant but having a miscarriage and was told that the fetus — a girl — would not survive. Her husband said she asked several times for an abortion but was informed that under Irish law it would be illegal while there was a fetal heartbeat, because “this is a Catholic country.”

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Stocks soar on Black Friday; tech leads the way

The stock market enjoyed some Black Friday cheer, rising sharply as shoppers braved the annual post-Thanksgiving rush. Major stock indexes closed one of their best weeks of the year.

Traders were encouraged by positive economic news from Germany and China, two engines of global growth. Technology stocks soared after a few weeks of selling. And early reports from retailers suggested strong consumer spending.

"Foot traffic appears heavier than we've seen in recent years, there are a lot of positive statements out of the companies themselves, and momentum appears to be strong," said JJ Kinahan, chief derivatives strategist at the brokerage TD Ameritrade.

Many stores opened earlier than ever this year, Kinahan said, allowing for earlier informal reports about their performance.

Technology stocks soared, lifting the Nasdaq composite index by more than 1 percent. Dell, chipmaker AMD and Hewlett-Packard were the top three gainers in the Standard & Poor's 500. Technology rose the most among the index's 10 industry groups.

The stocks were bouncing back after confidence in tech stocks declined broadly, Kinahan said. AMD dropped sharply in recent weeks as investors fretted about its solvency. HP plunged 12% on Tuesday after executives said that a company HP bought for $10 billion last year lied about its finances.

The Nasdaq ended up 40.30 points, or 1.4%, at 2,966.85. The Dow Jones industrial average gained 172.79, or 1.4%, to 13,009.69 -- the first time since election day that the Dow closed above 13,000.

The S&P 500 added 18.12, or 1.3%, to 1409.15. The rally gave the S&P 500 its biggest weekly point gain since last December -- 49 points, or 3.6%. The Dow gained 3.4% and the Nasdaq almost 4% for the week.

The market closed early, at 1 p.m. EST.

Stocks started strong after news that German business confidence rose unexpectedly in November after six straight declines. The gain in a closely watched index published by Munich's Ifo institute raised hopes that Europe's largest economy can continue to weather the continent's financial crisis.

China's manufacturing expanded for the first time in 13 months in November, the latest sign that the world's second-biggest economy is recovering from its deepest slump since the 2008 global crisis. HSBC Corp. said its monthly Purchasing Managers' Index improved to 50.4 for November. Any number above 50 indicates expansion.

The PMI measures overall manufacturing activity by surveying indicators including orders, employment and production. The result was released Thursday, when the U.S. market was closed for Thanksgiving.

Around the U.S., shoppers flocked to malls and logged on to computers to take part in the annual cheer-fueled retail rush known as Black Friday.

Target and Toys R Us welcomed buyers on Thanksgiving evening. Retailers are also trying to draw shoppers with free layaway and shipping, by matching prices of online rivals and by beefing up mobile shopping apps.

Retail is a key driver of the nation's economy. Consumer spending accounts for about 70 percent of U.S. economic activity. November and December, which can account for as much as 40 percent of a retailer's annual revenue, are crucial for stores.

The Friday after Thanksgiving is known as Black Friday because it begins the period in which many retailers turn profitable for the year. Traders will be looking for signs about how enthusiastically Americans are spending. That could reflect the momentum of the economic recovery.

Wal-Mart rose $1.31, or 1.9%, to $70.20. Macy's gained 72 cents, or 1.8%, to $41.73.

Trading volume on Wall Street was light, with many investors away for an extended weekend after Thanksgiving. The rally's strength will be tested on Monday, as many traders return to their desks and retailers begin to release hard data about their holiday sales results, Kinahan said.

"It's great when something like this happens, but on a half-day without the major players in there, it's not so surprising," he said.

European indexes added to earlier gains after Wall Street opened and closed higher. The FTSE 100 index of leading British shares rose 0.5 percent. Germany's DAX and France's CAC-40 both added 0.9%.

Investors were monitoring developments in Brussels, where European Union leaders are trying to agree on a $1.25 trillion long-term spending plan for the 27-nation bloc. Markets expect that another meeting will be needed for an agreement.

Among the stocks making big moves:

-- MAP Pharmaceuticals spiked after the company announced that the Food and Drug Administration will review its experimental migraine drug Levadex. The stock rose $2.60, or 20.3%, to $15.42.

-- KIT Digital Inc., a video software and technology company, lost two-thirds of its value after the company's former chief executive accused it of blaming prior management for its financial problems. Two days earlier, KIT said it would restate its financial results because of accounting errors. The stock lost $1.33, or 64.3%, to 74 cents.

Among tech's big gainers:

-- Research in Motion Ltd. jumped on growing optimism for an earlier-than-expected launch of its delayed BlackBerry 10 smartphone. A senior executive from the Canadian company said earlier this month that Research In Motion, or RIM, will release the latest version of its smartphone "not long after" a Jan. 30 event. One analyst saw that as an indication that the products are to be unveiled in February. U.S.-traded shares of RIM rose $1.40, or 13.7 percent, to $11.66.

-- Dell rose 49 cents, or 5.4 percent, to $9.55.

-- HP added 50 cents, or 4.2 percent, to $12.44.

-- AMD rose 8 cents, or 4.3 percent, to $1.95.

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Gazans sweep up, head home as truce holds through first day

Members of the Attar family, Palestinians who were displaced during the eight-day conflict with Israel, return to their home in the Atatra area in the northern Gaza Strip on Thursday, a day after a cease-fire took hold. (Marco Longari / AFP/Getty Imagesa / November 22, 2012)

By Edmund Sanders

November 22, 2012, 10:14 a.m.

RAFAH, Gaza Strip – As the truce between Israel and Hamas appeared to be enduring through its first 24 hours, Gazans spent Thursday sweeping up, digging out and looking forward.

Hamas declared a public holiday, but most shops and many businesses opened their doors. Israeli warships were replaced on the horizon with Palestinian fishing boats for the first time in a week.

Having endured many conflicts, it’s a day-after drill Gazans know well. Residents who sought shelter in United Nations schools went home. A steady stream of families returning from Egypt arrived at the Rafah border crossing. Bulldozers tried to clear alternate roads around bombed-out bridges.

PHOTOS: Gaza conflict

Glass shop owner Kamal Habboush, 45, had seven walk-in customers by lunchtime to replace broken windows. Usually he’s lucky to have one.

But after 16 years in the business, he predicts the real rush won’t come for a few more days.

“People tend to wait to make sure the fighting is really over,’’ he said. “Just in case.”

TIMELINE: Israel-Gaza conflict

The eight-day conflict left at least 162 Palestinians and six Israelis dead. The Israeli military reported the sixth death Thursday, saying a soldier had died from injuries sustained in a rocket attack by Gazan militants, the Associated Press reported.

ALSO:

Gaza City's Mukhabarat building defies Israeli airstrikes

Israel-Hamas cease-fire gives each side enough to claim success

Judge questions former French leader Sarkozy in fundraising probe

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Amazon Kindle Fire HD 8.9 is Good, But No iPad Killer [REVIEW]

Unboxing the Kindle Fire HD 8.9

Click here to view this gallery.

[More from Mashable: Apple Now Owns the iMessage Name]

Amazon expands its tablet sights with the bigger, more powerful Kindle Fire HD 8.9. Can it compete against Apple‘s iPad?

If there’s one company that deserves credit for reigniting the iPad competitor market, it’s Amazon. Despite some bugs and an overall blah design, its 7-inch Kindle Fire was the first Android tablet that made sense to consumers who gobbled it up to help the Fire grab 50% of the Android tablet market in just 6 months.

[More from Mashable: 9 Black Friday Deals For iPhone Owners]

That tablet essentially opened the flood gates for a new set of ever-more-powerful 7-inchers from, notably, Barnes & Noble and Google. All three companies have already updated their 7-inch offerings to more powerful components and higher-resolutions screens. They’re all still running Android, though Amazon and Barnes & Noble choose to hide the Google OS behind smarter and much more consumer-friendly interfaces.

All this led Apple to finally enter the mid-sized tablet space with the iPad Mini. It’s easily the best-looking tablet of the bunch, but also $ 120 more expensive than its nearest competitor.

The more interesting development, though, is Amazon‘s (and Barnes & Noble‘s) decision to go toe-to-toe with Apple’s full-size iPad and launch the Amazon Kindle Fire HD 8.9 (in 4G LTE and WiFi-only). The move is akin to a middle weight boxer putting on the pounds to take on the Heavyweight world champion. Amazon’s Kindle Fire HD is slightly smaller (the iPad is 9.7-inches), lighter (567g vs. 625g), cheaper ($ 369 for 32 GB model vs. $ 599 for the iPad 4th Gen — Amazon subsidizes with sleep-state ads, that I do not mind) and overall somewhat less powerful. In order to win the battle, the 8.9-inch Kindle Fire HD better be pretty nimble on its feet, while able to throw that all important knockout punch.

Short version of this story: the Kindle Fire HD 8.9 does some serious damage, but the iPad 4th Gen gets the decision and retains the tablet leader title.

The Kindle Fire HD 8.9 is by no means a failure. In many ways, it’s as good as the smaller Kindle Fire HD, but throughout my tests I noticed odd bugs and glitches (which should all be fixable by software) and a somewhat disturbing lack of power that’s especially obvious when you put the Fire HD 8.9 next to the iPad 4th Gen

What It Is

If you’ve never seen an iPad and someone handed you the Kindle Fire HD .9, you’d likely say its jet-black, soft-to-the-touch plastic body felt good in your hands and was more than effective at all the core tasks (reading, game playing, e-mail, web browsing).

Design-wise, the 8.9 device looks exactly like the 7-inch model, complete with the too-hard to find volume and power buttons. There are no other physical buttons on this device, but Amazon chooses to hide the few it has by making them the exact same color as the chassis and flush with the body. Every time I use the tablet I do the “where’s the damn button” dance, rotating the Kindle Fire HD round and round until I feel the buttons (since I can barely see them).

I have applauded Barnes & Noble for putting the physical “N” home button right on the face of their Nook HD. Bravo for having the guts to do this. Amazon apparently looks at Apple’s iPad home button and thinks to have anything similar would be seen as “copying” the Cupertino hardware giant, when instead they should realize that it works, consumers like it and tablets without it are at a distinct disadvantage.

Amazon’s interface has you make do with a virtual, slide-out home button that is always available. Problem is, I found times when it wasn’t available. When I played Spider-Man and Asphalt 7, the tiny little left-had bar would disappear and I couldn’t exit the game unless I hit the sleep/power button.

The rest of the Kindle Fire HD 8.9′s body is solid and unremarkable (if you read my Kindle fire HD 7 review, then you know exactly what to expect.). Like the iPad 4th Gen, the Kindle Fire HD 8.9 has a front-facing 720p-capable camera. It’s useful for capturing video, snapping 1 Megapixel images and, probably most important, Skype video chats. Skype has built a fairly sharp-looing Kindle Fire app, though the design doesn’t fully fit the larger 8.9-inch screen. Skype just updated its Android app for better tablet viewing and hopefully, we’ll see this update hit the Kindle Fire HD 8.9 as well.

The iPad also has an HD rear-facing camera. The Kindle fire HD 8.9 does not (Barnes & Noble leave out cameras altogether)

Not Packing a Punch

As a large-screen high-resolution tablet (though iPad’s 2048×1536 retina display beats it), the Kindle Fire HD 8.9 offers plenty of attractive screen real estate for web browsing, book and magazine reading and games. But the results can be mixed. Silk, Amazon‘s custom web browser, was occasionally less than responsive and games, though, they ran well, never looked half as good as they do on the considerably more expensive iPad 4.

Granted, you can’t always find the same high-quality immersive action games on both Android and iOS, but Asphalt 7 Heat is a notable exception and it throws the performance differences between the two tablets into stark contrast. Game play is equally responsive on both platforms: the Kindle Fire HD 8.9’s accelerometer reads my moves just as well as the iPad.

The graphics on the Kindle Fire HD, however, are reduced to blobs and blocks (palm trees without distinct leaves, buildings without discernible windows) . The iPad’s quad-core graphics simply overmatch the Kindle Fire. I have never, for example, seen an iPad draw the game as I was playing, as I did when I tried out The Amazing Spider-Man.

Additionally, I experienced more than my share of crashes with games and even magazine apps like Vanity Fair.

The Good

Not everyone, however, will compare the Kindle Fire HD 8.9 to the iPad. Some will see the $ 299 entry-level price point (for the 16 GB model) and appreciate the power, flexibility and utility of this device. Like all Fire’s before it, the Kindle Fire HD 8.9 makes it easy to consume mass quantities of content. Nearly every menu option: Games, Apps, Books, Music, Videos, Newsstand, puts you just one click away from shopping for fresh content. If you have an Amazon account (and who doesn’t) your desired book, music or movie is just a click away. Plus, you can still easily store any of it locally, and worry about running out of storage space, or in the cloud, and never worry about space or accessibility—you can get to that purchased Kindle content from any Kindle app or registered Amazon device.

Watching movies on the tablet is a pleasure. I streamed a couple through Amazon Prime; they looked good on the 1920 x 1200 screen and the Dolby Stereo speakers produced sharp, loud, almost room-filling sound—an impressive feat not even the iPad can match.

The Kindle Fire HD 8.9 also includes a mini-HDMI-out port, which prompted me to connect the tablet to my 47-inch LED HDTV so we could watch Disney’s Brave. Yes, I had to get up and tap on the Kindle screen each time I wanted to pause and restart the move, but otherwise, I was pretty impressed with how the Kindle handled the task.

Obviously I yearn for an Apple Airplay-like feature on Android tablets (rumor has it one is coming), but this is the next, best thing.

There isn’t a lot to say about the Kindle Fire HD 8.9-inch interface that I did not say in the Kindle Fire HD 7 review. I will note, however, that the increased real estate makes the trademark task carousel seem almost too big. Icons for everything from your recently played Spider-Man game to magazine apps, books and Web sites all sit side-by-side-by side. Some, like book covers, look gorgeous.

Others like a broken web-page link look stupid. Worse yet, none of them have labels, which can occasionally make it hard to identify which app or task you’re looking at. I’m just not sure this interface metaphor is sustainable.

Personally I prefer either the clean consistent look of iOS, or the uber-user friendly, family-oriented Nook HD profile-based one. Amazon may want to take a hard look at those and start over.

Staying Connected

The Kindle Fire HD 8.9 is also Amazon’s first cellular-based tablet. That fact puts it even more squarely in competition with the iPad (which obviously has always had 3G models and now offers blazing fast 4G LTE ones as well on all major carriers).

Amazon’s mobile broadband plans are a little more conservative, with just the AT&T 4G LTE option (the 32 GB 4G model that I tested lists for $ 499, which is still $ 224 less than a comparable iPad 4th Gen).

In my experience, the connectivity is superfast and fairly ubiquitous. Amazon‘s $ 49 (a year) flat fee plan is attractive, but with a cap of 250MB per month of data, it’s unlikely it will satisfy the most data-hungry users. If you do need more data, users can also get 3GB and 5GB data plans directly from AT&T on the device.

At press time, Amazon had not enabled streaming video over LTE. Having it sounds nice, but even with the most generous data plans, streaming video would eat it up faster than you can say, “I’m streaming Back to the Future in HD over 4G LTE on my Kindle fire HD!”

The reality for most users is that WiFi is plentiful and you’ll be hard pressed to find a spot where you can’t connect for free or a small one-off fee. It’s the reason Barnes & Noble’s line of HD Nooks do not include a cellular option.

Review continues after FreeTime Gallery

FreeTime

Kindle HD FreeTime Start

Click here to view this gallery.

Perhaps the best new addition to the Kindle Fire family is not a piece of hardware or new component, but the new FreeTime app. Amazon put a lot of loving care into this parental control interface, but almost mucks the whole thing up by hiding the tool under an app that you have to scroll down to (or search) to find. By contrast profiles and age and content controls are baked into the Barnes & Noble Nook HD in a way that makes them impossible to ignore.

Even so, once you do access FreeTime, I think you’ll be pleased with the level of control it gives you. I added test profiles for my two children and then hand-picked every app and piece of content they could access. I was also able to block broadband mobile and even set time limits for access to content and overall screen viewing time (on a per profile basis). The set-up is a bit wonky and it bizarrely switches between landscape and profile screens, but I still applaud the effort. It would make sense for Amazon to move FreeTime into a device set-up screen. If the user has no additional family members or kids using the device, they can easily skip it.

To Buy or Not to Buy

Amazon’s expansive content and shopping ecosystem has always been a strong draw and it’s just as good in this large screen tablet as it was in the very first Kindle Fire. Still, you have to compare it with the equally strong iOS ecosystem, which is no slouch in the content shopping department. Apple doesn’t connect you as seamlessly to physical products, but there’s nothing difficult about shopping on Amazon.com via your iPad. It’s also notable that tablet competitor Barnes & Noble has added movie and TV viewing, rental and purchase.

Ultimately, all of these tablets are offering more and more of the same content options, apps, and features. The decision will likely come down to price, app selection, interface and overall ease of use. The Amazon Kindle fire HD 8.9 scores well on all of these, but does not always lead.

For the price, it’s a great value, but I want Amazon to focus on hardware and interface design for the next big update. Then, they may get my full endorsement.

This story originally published on Mashable here.

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Lawsuit against Madonna dismissed in Russia

ST. PETERSBURG, Russia (AP) — A Russian court on Thursday dismissed a lawsuit that sought millions of dollars in damages from Madonna for allegedly traumatizing minors by speaking up for gay rights during a concert in St. Petersburg.

The ruling came after a one-day hearing that bordered on the farcical. During it, plaintiffs claimed that Madonna's so-called "propaganda of perversion" would negatively affect Russia's birthrate and erode the nation's defense capability by depriving the country of future soldiers. At one point, the judge threatened to expel journalists from the courtroom if they laughed too much.

In the end, the Moskovsky district court in St. Petersburg threw out the Trade Union of Russian Citizens' lawsuit and the 333 million rubles ($10.7 million) it sought from the singer for allegedly exposing youths to "homosexual propaganda."

Madonna did not attend the trial, and her publicist Liz Rosenberg said Thursday the star wouldn't comment about it.

Anti-gay sentiment is strong in Russia, particularly in St. Petersburg, where local legislators passed a law in February that made it illegal to promote homosexuality to minors. Six months later, Madonna criticized the law on Facebook, then stood up for gay rights during a concert in St. Petersburg that drew fans as young as 12.

"Who will children grow up to be if they hear about the equal rights of the lesbian lobby and manly love with traditional sexual relations?" one of the plaintiffs, Darya Dedova, testified Thursday. "The death rate prevails over the birth rate in the West; young guys are becoming gender neutral."

The plaintiffs submitted evidence about gay culture drawn from Wikipedia pages, claiming that a real encyclopedia could not have articles about homosexuality.

"We aren't against homosexual people, but we are against the propaganda of perversion among minors," Dedova told the court. "We want to defend the values of a traditional family, which are currently in crisis in this country. Madonna violated our laws and she should be punished."

Madonna, who performed in Moscow and St. Petersburg in August as part of her world tour, also angered Russian officials by supporting jailed members of the Russian punk band Pussy Riot. The American said during her Moscow concert that she would "pray for them," then turned around so the audience could see the words "Pussy Riot" written on her back. The singer also donned a ski mask similar to those worn by Pussy Riot.

Despite international outrage, three of that band's members were sentenced to two years in jail on hooliganism charges for performing a "punk prayer" at Moscow's main cathedral, during which they pleaded with the Virgin Mary to deliver Russia from President Vladimir Putin. One of the Pussy Riot members was later released from jail on appeal, but the other two were sent to prison camps to serve their sentences.

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Seddon reported from Moscow.

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Documents Show F.D.A.’s Failures in Meningitis Outbreak

Newly released documents add vivid detail to the emerging portrait of the Food and Drug Administration’s ineffective and halting efforts to regulate a Massachusetts company implicated in a national meningitis outbreak that has sickened nearly 500 people and killed 34.

In the documents, released on Tuesday in response to a Freedom of Information Act request, the agency would threaten to bring the full force of its authority down on the company, only to back away, citing lack of jurisdiction.

The company, the New England Compounding Center, at times cooperated with F.D.A. inspectors and promised to improve its procedures, and at other times challenged the agency’s legal authority to regulate it, refused to provide records and continued to ship a drug in defiance of the agency’s concerns.

Some of the documents were summarized last week by Congressional committees that held hearings on the meningitis outbreak. Republicans and Democrats criticized the F.D.A. for failing to act on information about unsafe practices at the company as far back as March 2002.

By law, compounding pharmacies are regulated primarily by the states, but the pharmacies have grown over the years into major suppliers of some of the country’s biggest hospitals. The F.D.A. is asking Congress for stronger, clearer authority to police them, but Republicans have said the agency already has enough power.

Records show that the agency was sometimes slow in pursuing its own inspection findings. In one case involving the labeling and marketing of drugs, the agency issued a warning letter to New England Compounding 684 days after an inspection, a delay that the company’s chief pharmacist complained was so long that some of the letter’s assertions no longer applied to its operations.

The agency said in a statement Wednesday that it “was not the timeline we strive for,” but that much of the delay was because of “our limited, unclear and contested authority in this area.” Because of litigation, it said, there was “significant internal discussion about how to regulate compounders.”

The agency first inspected the company in April 2002 after reports that two patients had become dizzy and short of breath after being injected with a steroid made by the company.

 On the first day of the inspection, Barry Cadden, the chief pharmacist, was cooperative, but the next day, the agency inspectors wrote, Mr. Cadden “had a complete change in attitude & basically would not provide any additional information either by responding to questions or providing records,” adding that he challenged their legal authority to be at his pharmacy at all.

The F.D.A. was back at New England Compounding in October 2002 because of possible contamination of another of its products, methylprednisolone acetate, the same drug involved in the current meningitis outbreak.

 While the F.D.A. had the right to seize an adulterated steroid, officials at the time said that action alone would not resolve the company’s poor compounding practices. In a meeting with Massachusetts regulators, F.D.A. officials left authority in the hands of the state, which “would be in a better position to gain compliance or take regulatory action,” according to a memo by an F.D.A. official summarizing the meeting.

 David Elder, compliance branch director for the F.D.A.’s New England District, warned at the meeting that there was the “potential for serious public health consequences if N.E.C.C.’s compounding practices, in particular those relating to sterile products, are not improved.”

 The company fought back hard, repeatedly questioning the F.D.A.’s jurisdiction. In a September 2004 inspection over concerns that the company was dispensing trypan blue, a dye used for some eye surgeries that had not been approved by the F.D.A., Mr. Cadden told the agency inspector that he had none in stock.

But in the clean room, the inspector noticed a drawer labeled “Trypan Blue,” which contained 189 vials of the medicine.

A few days later, Mr. Cadden was defiant. He told the agency that he was continuing to dispense trypan blue and that there was nothing in the law saying a compounder could not dispense unapproved products.

 The conversation turned testy. “Don’t answer any more questions!” Mr. Cadden told another pharmacy executive, according to the F.D.A.’s report.

Mr. Cadden rejected many of the assertions in the warning letter that finally came in December 2006. The next correspondence from the agency did not come until almost two years later, in October 2008, saying that the agency still had “serious concerns” about the company’s practices, and that failing to correct them could result in seizure of products and an injunction against the company and its principals.

It is not known whether any corrective actions were taken. The agency did not conduct another inspection until the recent meningitis outbreak.

Denise Grady contributed reporting.

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