Media Decoder Blog: Macmillan Settles With Justice Department on E-book Pricing

11:58 a.m. | Updated Macmillan said on Friday that it had agreed to settle a lawsuit brought by the Department of Justice over the pricing of e-books, asserting that the potential costs of continuing to fight the action were too high.

The agreement means that all five major publishing houses have settled the charges brought by the government last spring.

Apple, which is also a defendant, will continue to trial in June, according to the Department of Justice. A company spokeswoman declined to comment on Friday.

In a letter addressed to authors, illustrators and agents, Macmillan’s chief executive, John Sargent, said that the risks were too great to go it alone.
“Our company is not large enough to risk a worst case judgment,” he said. “In this action the government accused five publishers and Apple of conspiring to raise prices. As each publisher settled, the remaining defendants became responsible not only for their own treble damages, but also possibly for the treble damages of the settling publishers (minus what they settled for). A few weeks ago I got an estimate of the maximum possible damage figure. I cannot share the breathtaking amount with you, but it was much more than the entire equity of our company.”

In a suit filed last April, the Justice Department accused the publishers and Apple of conspiring in e-mails and over lavish dinners to set the price of e-books at an artificially high level. The publishers had moved from a wholesale pricing model, which allowed retailers to charge what they wanted, to a system that allowed publishers to begin setting their own e-book prices, a model known as “agency pricing.”

The defendants said they were trying to protect themselves from Amazon, which was pricing e-books below their actual cost, putting financial pressure on the publishers that they said would drive them out of business.

Nevertheless, three publishing houses, HarperCollins, Simon & Schuster and Hachette, settled with the government immediately. Penguin, Macmillan and Apple decided to fight the charges. But in December, to clear the way for its merger with Random House, Penguin settled too.

The terms of the Macmillan settlement mirrors that agreed to by the other publishers. Macmillan will immediately lift restrictions it has imposed on discounting and other promotions by e-book retailers and will be prohibited until December 2014 from entering into new agreements with similar restrictions. The publisher must also notify the government in advance about any e-book ventures it plans with other publishers.

Macmillan had been holding firm that it wouldn’t settle, and analysts offered varying explanations for the sudden turnabout. James McQuivey, an analyst for Forrester Research, said that potential merger talks might be one motivation. The publishing industry has begun to consolidate to respond to the threat from Amazon, and when Penguin and Random House announced last October that they would merge, it fueled speculation that more alliances would follow.

“This was a fight not worth fighting in the first place,” Mr. McQuivey said of the lawsuit, “and given the likely nature of merger conversations behind the scenes, that’s where you finally decide the litigation is an obstacle to those talks, which are much more important.”

But Mike Shatzkin, the founder and chief executive of the Idea Logical Company, a publishing consultant, downplayed the role of a potential merger. “There have been no rumors and no signs that Macmillan is merging,” he said. “I would actually take their statement at face value.”

He said he thought it was more likely that Macmillan realized that their stand on pricing was having no effect on the market. E-book prices have been declining steadily but not precipitously since the settlement with the first three publishers went into effect last September. “Their settling doesn’t change the overall market, and it looks much more that way to them now than when they were originally fighting,” Mr. Shatzkin said.

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Women delivering papers shot by police during manhunt




























































































































Two women delivering newspapers were shot in Torrance early today by LAPD officers involved in a manhunt for an ex-LAPD officer suspected of shooting three police officers and an Irvine couple, sources say.

The women, shot in the 19500 block of Redbeam Avenue, were taken to area hospitals, police said. One of the women was shot in the hand, and the other in the back, according to witness Jesse Escochea.

Police said the women were riding in a truck similar to the one that suspect Christopher Jordan Dorner is believed to be driving.
































































































































































































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Magnetic Memories May Guide Salmon Home



After years at sea, sockeye salmon returning to their freshwater homes may be guided by an early memory of the Earth’s magnetic field, encoded at the site where natal streams empty into the Pacific Ocean, according to a study published today in Current Biology.


“Lots of folks have been wondering for decades how salmon and other animals, like sea turtles or seals and whales, go out in the ocean for a couple of years and then return with remarkable accuracy back to their home,” said study coauthor Nathan Putman, a marine biologist at Oregon State University. “The magnetic field is an important part of the [salmon's] migratory decision.”



To study salmon navigation, Putman and his colleagues took advantage of a serendipitous natural experiment. Near the mouth of British Columbia’s Fraser River is 460-kilometer-long Vancouver Island. Salmon returning from sea and aiming for the river face a choice: swim north around the island, or go around to the south. Putman pored over 56 years of data from federal fishery scientists who tracked salmon in both waterways, then matched that up with measurements of the Earth’s geomagnetic field, which shifts predictably in strength and orientation over time. He found that fish tended to choose the path where the field strength was more similar to that of the river mouth when they’d left, two years before.


“The magnetic field at each route predicts the proportion coming in,” Putman said. He speculates that reaching saltwater triggers the fish to remember the magnetic field at the river’s mouth when they first head to sea — and then seek that same field on the return journey.



Scientists hope the finding will help solve the mystery of how salmon find their way home from thousands of miles away, across an ocean with no lanes or landmarks. It’s already accepted that in the final stages of the journey to their breeding grounds, salmon use odors to guide them back to the stream or inlet where they hatched. But how the fish find their target river is still a mystery, although scientists have suspected for a while that magnetic cues play a role. Last summer, a team reported that rotating magnetite crystals in a fish nose responded to magnetic field orientation, providing a possible biological mechanism for this sensory capability.


“In general, we know much less about how salmon complete the ocean part of their migration compared to fresh water,” said quantitative ecologist Chloe Bracis, a graduate student at the University of Washington who also studies geomagnetic salmon navigation. “The authors cleverly take advantage of spatial differences in a salmon migration route to provide the first solid evidence that salmon use geomagnetic cues to direct their oceanic migration.”


Putman now hopes to investigate this correlation in experiments with captive fish subjected to artificial magnetic fields.


But even if those experiments bolster the case that salmon use geomagnetic cues, these cues can’t be the whole story. The new study also revealed that sea surface temperature is an important guide for the fish — but even the interaction of water temperature and magnetic cues can’t explain all of the fishes’ knack for navigation. Temperature, olfaction and magnetoreception, while clearly important, may be just some of the tools salmon use to find their way home.  “They might use … a sun compass or other cues,” Bracis said. “Geomagnetic cues could guide them to the vicinity of the river, then they would need to switch to other local cues to navigate the rest of the way to the river mouth or through the estuary.”


Photo: Current Biology, Putman et al.; Map: Oregon State University/NSF


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Frank Ocean, FUN. are front-runners heading into Sunday’s Grammys






LOS ANGELES (Reuters) – R&B artist Frank Ocean and indie-pop group FUN. go into Sunday’s Grammy Awards ceremony as front-runners for the music industry’s top accolades in a year where new talent and male artists have attracted most of the attention.


After last year’s Grammy ceremony was dominated by British singer Adele, and her best-selling album “21,” this year’s awards show will be all about men.






FUN., Ocean, British folk band Mumford & Sons, rocker Dan Auerbach, Jay-Z and Kanye West each received six nominations, while Auerbach’s band, The Black Keys, got five.


“It will be a very exciting night because it’s so much the antithesis of last year, which was a once-in-a-lifetime show with Adele and her moment,” Jim Donio, president of the National Association of Recording Merchandisers, told Reuters.


With the absence of new music from many major pop artists in the past year, emerging talent features prominently at the Grammys.


Pop chart staples Kelly Clarkson, Katy Perry, Adele and Rihanna all picked up nominations for the 55th annual Grammy Awards, but only Clarkson and Taylor Swift received Record of the Year nods.


In the Album of the Year category, one style of music is making a comeback.


“This year seems very different … we’re seeing rock music and guitar music coming back to the Grammys and being appreciated this year,” said Patrick Doyle, assistant editor of Rolling Stone magazine.


New York-based FUN., made up of Nate Ruess, Andrew Dost and Jack Antonoff, stormed the charts in 2012 and are back this year. They are the only artists going into Sunday’s awards with nominations in the top four categories – Album, Record and Song of the Year as well as Best New Artist.


But unlike last year, where Adele was a clear favorite and went home with six Grammys, this year’s big winners are less predictable. Experts said the chances are slim of one person or band winning the coveted trifecta of Song, Record and Album of the Year.


“I think voters went out of their way almost to assure that you’re not going to see the photo of one person clutching six Grammy awards. There won’t be one unified winner,” said James Montgomery, senior writer at MTV News.


OCEAN MAKING WAVES


FUN. had one of the biggest-selling singles of 2012 with their infectious hit “We Are Young” featuring Janelle Monae, which is up for three Grammy awards. Both Doyle and Montgomery think they may take both the Song and Record of the Year titles.


“They’re taking a classic sound and putting hip hop productions and fresh sounding beats on top of anthem-like melodies,” Doyle said.


The trio face strong competition from Ocean, who is nominated in six categories, including Best New Artist, Album of the Year and Record of the Year.


Ocean, 25, has paved an unconventional path to the Grammys after emerging on the music scene a few years ago as part of the Odd Future hip hop collective.


His debut album “Channel Orange,” released in July, has been both a commercial and critical success.


The singer made waves after revealing that his first love was another man, an admission of same-sex attraction that was seen as groundbreaking in the hip hop community, which is often criticized for hostility towards homosexuals.


Ocean and FUN. will be competing with blues-rockers Alabama Shakes, folk-indie group The Lumineers and country singer Hunter Hayes for Best New Artist.


“Alabama Shakes, The Lumineers and Hunter Hayes may all draw from the some basic vote group, which leaves the race between FUN. and Frank Ocean. And due to his album success and story, I think it may be Frank Ocean,” Montgomery said.


Both Montgomery and Doyle said Ocean may be also win the night for Album of the Year.


“His album was so soulful and new, and it sounds really like nothing else. It’s a completely honest record that people can really relate to, something that hasn’t been seen or heard in a long time,” Doyle said.


“He’s going to be a huge presence at the Grammys because there’s no one like him.”


The Grammys Awards will be presented in Los Angeles and shown live on CBS television on Sunday.


(Reporting By Piya Sinha-Roy, editing by Jill Serjeant and Stacey Joyce)


Music News Headlines – Yahoo! News





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Well: Expressing the Inexpressible

When Kyle Potvin learned she had breast cancer at the age of 41, she tracked the details of her illness and treatment in a journal. But when it came to grappling with issues of mortality, fear and hope, she found that her best outlet was poetry.

How I feared chemo, afraid
It would change me.
It did.
Something dissolved inside me.
Tears began a slow drip;
I cried at the news story
Of a lost boy found in the woods …
At the surprising beauty
Of a bright leaf falling
Like the last strand of hair from my head

Ms. Potvin, now 47 and living in Derry, N.H., recently published “Sound Travels on Water” (Finishing Line Press), a collection of poems about her experience with cancer. And she has organized the Prickly Pear Poetry Project, a series of workshops for cancer patients.

“The creative process can be really healing,” Ms. Potvin said in an interview. “Loss, mortality and even hopefulness were on my mind, and I found that through writing poetry I was able to express some of those concepts in a way that helped me process what I was thinking.”

In April, the National Association for Poetry Therapy, whose members include both medical doctors and therapists, is to hold a conference in Chicago with sessions on using poetry to manage pain and to help adolescents cope with bullying. And this spring, Tasora Books will publish “The Cancer Poetry Project 2,” an anthology of poems written by patients and their loved ones.

Dr. Rafael Campo, an associate professor of medicine at Harvard, says he uses poetry in his practice, offering therapy groups and including poems with the medical forms and educational materials he gives his patients.

“It’s always striking to me how they want to talk about the poems the next time we meet and not the other stuff I give them,” he said. “It’s such a visceral mode of expression. When our bodies betray us in such a profound way, it can be all the more powerful for patients to really use the rhythms of poetry to make sense of what is happening in their bodies.”

On return visits, Dr. Campo’s patients often begin by discussing a poem he gave them — for example, “At the Cancer Clinic,” by Ted Kooser, from his collection “Delights & Shadows” (Copper Canyon Press, 2004), about a nurse holding the door for a slow-moving patient.

How patient she is in the crisp white sails
of her clothes. The sick woman
peers from under her funny knit cap
to watch each foot swing scuffing forward
and take its turn under her weight.
There is no restlessness or impatience
or anger anywhere in sight. Grace
fills the clean mold of this moment
and all the shuffling magazines grow still.

In Ms. Potvin’s case, poems related to her illness were often spurred by mundane moments, like seeing a neighbor out for a nightly walk. Here is “Tumor”:

My neighbor walks
For miles each night.
A mantra drives her, I imagine
As my boys’ chant did
The summer of my own illness:
“Push, Mommy, push.”
Urging me to wind my sore feet
Winch-like on a rented bike
To inch us home.
I couldn’t stop;
Couldn’t leave us
Miles from the end.

Karin Miller, 48, of Minneapolis, turned to poetry 15 years ago when her husband developed testicular cancer at the same time she was pregnant with their first child.

Her husband has since recovered, and Ms. Miller has reviewed thousands of poems by cancer patients and their loved ones to create the “Cancer Poetry Project” anthologies. One poem is “Hymn to a Lost Breast,” by Bonnie Maurer.

Oh let it fly
let it fling
let it flip like a pancake in the air
let it sing: what is the song
of one breast flapping?

Another is “Barn Wish” by Kim Knedler Hewett.

I sit where you can’t see me
Listening to the rustle of papers and pills in the other room,
Wondering if you can hear them.
Let’s go back to the barn, I whisper.
Let’s turn on the TV and watch the Bengals lose.
Let’s eat Bill’s Doughnuts and drink Pepsi.
Anything but this.

Ms. Miller has asked many of her poets to explain why they find poetry healing. “They say it’s the thing that lets them get to the core of how they are feeling,” she said. “It’s the simplicity of poetry, the bare bones of it, that helps them deal with their fears.”


Have you written a poem about cancer? Please share them with us in the comments section below.
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Retailers' Sales Beat Forecasts, but Worries Remain







(Reuters) - Many top retailers reported strong January sales on Thursday after offering merchandise and deals that drew in shoppers in spite of higher payroll taxes.




But shares of many retailers fell as investors worried that the sales owed too much to margin-sapping discounts and that the tax hit to take-home pay would hurt spending in coming months.


Macy's Inc, whose shares rose 0.4 percent, was an exception. Its sales at stores open at least a year jumped 11.7 percent, in part because it got new merchandise into stores quickly. The results easily beat Wall Street forecasts, and the department store chain raised its profit forecast.


In contrast, Kohl's Corp, reported a 13.3 percent jump, but that came in large part from clearing out merchandise at a discount ahead of spring. The department store operator left its profit outlook unchanged, and its shares fell 1.8 percent.


"January sales don't give you much of a sense what's coming," said Dan Hess, chief executive of Merchant Forecast, which provides financial research on the retail sector. "How much of it was clearance; how much of it was new merchandise?"


Besides Macy's, low-priced retailers TJX Cos Inc and Ross Stores Inc as well as teen chain Zumiez Inc raised their outlooks. Department store operator Stage Stores Inc, said it would hit or beat the high end of its earlier estimate.


Overall, same-store sales rose 5 percent in January across 20 retailers, according to Thomson Reuters I/B/E/S. That was above both analysts' estimates of a 3.1 percent increase and the year-earlier 2.8 percent gain.


Gap Inc's sales came in slightly above Wall Street forecasts, as the company's affordable Old Navy chain offered colored denims, coats and dresses that were a hit with shoppers. But Janney Capital Markets said in a note that investors would view Gap's modest profit estimate for the fourth quarter ended on February 2 as "not good enough." The company's shares were down 4.5 percent.


Costco Wholesale Corp, Target Corp and Victoria's Secret parent Limited Brands Inc also reported stronger-than-expected January sales.


Analysts said a number of factors gave January an artificial boost: Unusually cold weather mid-month in big parts of the country helped clear out winter merchandise, and a long weekend before New Year's Day helped. January is also a low-volume month, so the numbers are less important than, say, those for November and December.


The International Council of Shopping Centers said it expects February same-store sales to rise 2.8 percent to 3 percent.


The Standard & Poor's Retail Index was down 1 percent in midday trading, compared with a 0.8 percent decline for the broad S&P 500.


LITTLE TAX EFFECT, SO FAR


The mood of U.S. consumers improved in January after a deal in Washington at the start of the month averted the country going over the "fiscal cliff" that could have raised taxes significantly, a survey released last week showed.


At the same time, the take-home pay of millions of Americans fell in January because of a 2-percentage-point increase in payroll taxes.


That higher tax could pinch shoppers in coming months as relief about the "fiscal cliff" gives way to the reality of smaller paychecks.


"The amount of money that is being taken out (from the tax increase) is a real amount of money, and you may see more paycheck-to-paycheck cycles," said Kurt Kendall, a retail strategist at consulting firm Kurt Salmon.


Cato Corp, a specialty retailer offering low-price fashion, reported a 12 percent drop in same-store sales and pinned part of the blame on the payroll tax.


Target CEO Gregg Steinhafel said in a statement that customers are showing "discipline in the face of a slow economic recovery and new pressures," including payroll tax increases.


In that environment, retailers have little room for error.


Ann Inc said the brightly colored clothes it sold at its Loft chain failed to catch on with shoppers, and its sales estimate for the fourth quarter ended on January 31 disappointed Wall Street, sending its shares down 7 percent.


Department store operator Bon-Ton Stores Inc and teen chains Buckle Inc and Wet Seal Inc also reported disappointing sales.


At the higher end, Nordstrom Inc reported an 11.4 percent jump in same-store sales, probably buoyed by a stock market run-up.


"The stock market has also helped - it frees higher-end individuals to go shopping," said David Bassuk, head of AlixPartners' global retail practice.


The same-store sales retail index offers only a glimpse of retail spending as major chains like Wal-Mart Stores Inc, Sears Holdings Corp and Best Buy Co Inc do not report monthly sales.


(Reporting by Phil Wahba in New York, and Nivedita Bhattacharjee and Jessica Wohl in Chicago; Editing by Lisa Von Ahn)


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Postal Service seeks to end Saturday mail delivery




























































































Postal Service to Cut Saturday Mail
































































The U.S. Postal Service, struggling under a financial load and facing tough competition, will stop delivering mail on Saturdays beginning this summer, officials announced.


The announcement, which had been expected, is seen as an attempt to force Congress to deal with the Postal Service's increasing financial woes. Congress has tried to reorganize the agency, but efforts have been derailed because of politics.


Material prepared for a Wednesday news conference by Postmaster General Patrick R. Donahoe says that Postal Service market research and other research has indicated that nearly 7 in 10 Americans support the switch to five-day delivery as a way for the agency to reduce costs.



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  • Obama urges short-term solution to prevent steep budget cuts




    Obama urges short-term solution to prevent steep budget cuts







































  • UPS earnings fall shy of analysts' expectations; weak '13 forecast




    UPS earnings fall shy of analysts' expectations; weak '13 forecast







































  • FedEx expects record shipping day with boost from online sales




    FedEx expects record shipping day with boost from online sales







































  • UPS guy steals homeowner's FedEx package -- on video




    UPS guy steals homeowner's FedEx package -- on video



















  • QUIZ: Test your knowledge about the debt limit


    "The Postal Service is advancing an important new approach to delivery that reflects the strong growth of our package business and responds to the financial realities resulting from America's changing mailing habits," Donahoe said. "We developed this approach by working with our customers to understand their delivery needs and by identifying creative ways to generate significant cost savings."


    The Postal Service contends that it has the authority to cut back service, though some in Congress insist that lawmakers have the final word. In any case, the announcement is expected to move the issue to a front burner.


    According to postal officials, the end of Saturday delivery would begin on Aug. 1. The service said it will continue to deliver packages on Saturdays.


    Ending Saturday service is estimated to save the agency about $2 billion a year. Officials said it lost about $16 billion in fiscal 2012, which ended Sept. 30 -- about three times the loss it had a year ago.


    The proposal comes as the agency has closed post offices and changed procedures to try to stem its hemorrhaging of billions of dollars in recent years. More people have been turning to alternatives to traditional mail service, including electronic tools such as email and outside competitors such as Fed Ex, both of which have seriously cut into the Postal Service's erstwhile monopoly.


    Congress in recent years has prohibited the Postal Service from dropping Saturday mail delivery, but the initial response to Wednesday's announcement was more accepting of what might be inevitable.


    "This common-sense reform would save the Postal Service more than $2 billion annually," two top Republicans, Rep. Darrell Issa of California and Sen. Tom Coburn of Oklahoma, said in a statement.


    "In his recent inaugural address, President Obama spoke about the need to find real solutions to our nation’s problems. Supporting the U.S. Postal Service's plan to move forward with 5-day mail delivery is one such solution worthy of bipartisan support," they said.


    Rep. Elijah E. Cummings of Maryland, the top Democrat on the House Oversight and Government Reform Committee chaired by Issa, agreed that action was needed, but questioned whether the Postal Service could act alone.


    "The Postal Service's declining mail volume poses a significant challenge, and the enactment of comprehensive postal reform legislation must be an urgent priority for the current Congress," Cummings said in a statement. “However, the issue of service delivery frequency should be addressed in that legislation rather than through arbitrary action by the Postal Service.”


    Recent national polls show that a majority of respondents support ending Saturday mail delivery, and Obama has proposed halting such service as part of his budget-cutting proposals. Though the Postal Service is a quasi-governmental, self-funding entity, its worker compensation and retirement plans are tied to the federal budget.


    Lawmakers have tried unsuccessfully for years to overhaul the Postal Service, but efforts have fallen victim to different needs in different areas. Representatives of rural areas tend to argue that traditional mail delivery is needed, a position backed by magazine publishers and other heavy users of the Postal Service.


    The president of the National Assn. of Letter Carriers, Fredric Rolando, said in a statement that the end of Saturday mail delivery is "a disastrous idea that would have a profoundly negative effect on the Postal Service and on millions of customers,” particularly businesses, rural communities, the elderly, the disabled and others who depend on Saturday delivery for commerce and communication.


    ALSO:


    Alabama kidnapper, who had bombs, reportedly died in shootout


    Florida judge denies request to postpone George Zimmerman trial


    Gov. Christie eats doughnut with Letterman; talks Sandy storm aid


    Times staff writers Richard Simon and Jim Puzzanghera contributed to this report.





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    <i>Game of Thrones</i> Creator George R. R. Martin to Develop New Shows for HBO











    Game of Thrones fans, time to get excited — or, perhaps, just conflicted: George R.R. Martin, the creator of the Song of Ice and Fire novels the series is based on (and occasional episode scriptwriter), has signed a new deal with HBO that will not only see him continuing as executive producer of the hit fantasy series for the next two years, but also developing and producing new series for the cable network.


    The news comes ahead of the debut of the third season of GoT, which launches on March 31. Many fans of the novels are already reacting with mixed feelings about the announcement, complaining that these new duties will mean a longer delay for the next Game of Thrones novel, particularly after six years elapsed between the release of the fourth novel, A Feast for Crows, and the 2011 release of the most recent novel, Dance with Dragons — a delay that upset many readers.


    Outside of his connection with the Game of Thrones show, Martin already has a long history in television. He worked on the 1980s incarnations of both The Twilight Zone and Beauty and the Beast as writer and producer, and also created a science-fiction pilot for a potential ABC series called Doorways in 1993 that ended up going nowhere; the script was eventually published in the DreamSongs: A RRetrospective collection in 2006, and turned into a comic book in 2010 by IDW Publishing.


    Whether or not his new HBO projects will consist of all-new ideas or adaptations of his earlier, non-Game of Thrones work remains to be seen. If nothing else, his super-hero shared world anthology series Wild Cards may be one of the more obvious candidates for translation to television, if the rights have returned to Martin following a seemingly abortive attempt to adapt the series to the big screen a couple of years ago.






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    Boy band The Wanted sign on for E! reality series






    NEW YORK (AP) — The Wanted is trying to keep it real: The boy band has signed on to do a reality series on E!


    The British fivesome announced Wednesday that their show will debut in June. A press release said the behind-the-scene series will be “unvarnished” and “nonglossy.”






    The Wanted broke onto the U.S. music scene with the Top 5 hit “Glad You Came.” They dropped their self-titled U.S. debut EP last year, and have released two successful albums and multiple singles in the United Kingdom.


    The group is planning a full-length album and international tour for the fall.


    Their U.S. manager is Scooter Braun, who also manages Justin Bieber. The band members include Max George, Nathan Sykes, Jay McGuiness, Tom Parker and Siva Kaneswaran.


    ___


    Online:


    http://www.thewantedmusic.com/


    Entertainment News Headlines – Yahoo! News





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    Well: Gluten-Free for the Gluten Sensitive

    Eat no wheat.

    That is the core, draconian commandment of a gluten-free diet, a prohibition that excises wide swaths of American cuisine — cupcakes, pizza, bread and macaroni and cheese, to name a few things.

    For the approximately one-in-a-hundred Americans who have a serious condition called celiac disease, that is an indisputably wise medical directive.


    One woman’s story of going gluten-free.



    Now medical experts largely agree that there is a condition related to gluten other than celiac. In 2011 a panel of celiac experts convened in Oslo and settled on a medical term for this malady: non-celiac gluten sensitivity.

    What they still do not know: how many people have gluten sensitivity, what its long-term effects are, or even how to reliably identify it. Indeed, they do not really know what the illness is.

    The definition is less a diagnosis than a description — someone who does not have celiac, but whose health improves on a gluten-free diet and worsens again if gluten is eaten. It could even be more than one illness.

    “We have absolutely no clue at this point,” said Dr. Stefano Guandalini, medical director of the University of Chicago’s Celiac Disease Center.

    Kristen Golden Testa could be one of the gluten-sensitive. Although she does not have celiac, she adopted a gluten-free diet last year. She says she has lost weight and her allergies have gone away. “It’s just so marked,” said Ms. Golden Testa, who is health program director in California for the Children’s Partnership, a national nonprofit advocacy group.

    She did not consult a doctor before making the change, and she also does not know whether avoiding gluten has helped at all. “This is my speculation,” she said. She also gave up sugar at the same time and made an effort to eat more vegetables and nuts.

    Many advocates of gluten-free diets warn that non-celiac gluten sensitivity is a wide, unseen epidemic undermining the health of millions of people. They believe that avoiding gluten — a composite of starch and proteins found in certain grassy grains like wheat, barley and rye — gives them added energy and alleviates chronic ills. Oats, while gluten-free, are also avoided, because they are often contaminated with gluten-containing grains.

    Others see the popularity of gluten-free foods as just the latest fad, destined to fade like the Atkins diet and avoidance of carbohydrates a decade ago.

    Indeed, Americans are buying billions of dollars of food labeled gluten-free each year. And celebrities like Miley Cyrus, the actress and singer, have urged fans to give up gluten. “The change in your skin, physical and mental health is amazing!” she posted on Twitter in April.

    For celiac experts, the anti-gluten zeal is a dramatic turnaround; not many years ago, they were struggling to raise awareness among doctors that bread and pasta can make some people very sick. Now they are voicing caution, tamping down the wilder claims about gluten-free diets.

    “It is not a healthier diet for those who don’t need it,” Dr. Guandalini said. These people “are following a fad, essentially.” He added, “And that’s my biased opinion.”

    Nonetheless, Dr. Guandalini agrees that some people who do not have celiac receive a genuine health boost from a gluten-free diet. He just cannot say how many.

    As with most nutrition controversies, most everyone agrees on the underlying facts. Wheat entered the human diet only about 10,000 years ago, with the advent of agriculture.

    “For the previous 250,000 years, man had evolved without having this very strange protein in his gut,” Dr. Guandalini said. “And as a result, this is a really strange, different protein which the human intestine cannot fully digest. Many people did not adapt to these great environmental changes, so some adverse effects related to gluten ingestion developed around that time.”

    The primary proteins in wheat gluten are glutenin and gliadin, and gliadin contains repeating patterns of amino acids that the human digestive system cannot break down. (Gluten is the only substance that contains these proteins.) People with celiac have one or two genetic mutations that somehow, when pieces of gliadin course through the gut, cause the immune system to attack the walls of the intestine in a case of mistaken identity. That, in turn, causes fingerlike structures called villi that absorb nutrients on the inside of the intestines to atrophy, and the intestines can become leaky, wreaking havoc. Symptoms, which vary widely among people with the disease, can include vomiting, chronic diarrhea or constipation and diminished growth rates in children.

    The vast majority of people who have celiac do not know it. And not everyone who has the genetic mutations develops celiac.

    What worries doctors is that the problem seems to be growing. After testing blood samples from a century ago, researchers discovered that the rate of celiac appears to be increasing. Why is another mystery. Some blame the wheat, as some varieties now grown contain higher levels of gluten, because gluten helps provide the springy inside and crusty outside desirable in bread. (Blame the artisanal bakers.)

    There are also people who are allergic to wheat (not necessarily gluten), but until recently, most experts had thought that celiac and wheat allergy were the only problems caused by eating the grain.

    For 99 out of 100 people who don’t have celiac — and those who don’t have a wheat allergy — the undigested gliadin fragments usually pass harmlessly through the gut, and the possible benefits of a gluten-free diet are nebulous, perhaps nonexistent for most. But not all.

    Anecdotally, people like Ms. Golden Testa say that gluten-free diets have improved their health. Some people with diseases like irritable bowel syndrome and arthritis also report alleviation of their symptoms, and others are grasping at gluten as a source of a host of other conditions, though there is no scientific evidence to back most of the claims. Experts have been skeptical. It does not make obvious sense, for example, that someone would lose weight on a gluten-free diet. In fact, the opposite often happens for celiac patients as their malfunctioning intestines recover.

    They also worried that people could end up eating less healthfully. A gluten-free muffin generally contains less fiber than a wheat-based one and still offers the same nutritional dangers — fat and sugar. Gluten-free foods are also less likely to be fortified with vitamins.

    But those views have changed. Crucial in the evolving understanding of gluten were the findings, published in 2011, in The American Journal of Gastroenterology, of an experiment in Australia. In the double-blind study, people who suffered from irritable bowel syndrome, did not have celiac and were on a gluten-free diet were given bread and muffins to eat for up to six weeks. Some of them were given gluten-free baked goods; the others got muffins and bread with gluten. Thirty-four patients completed the study. Those who ate gluten reported they felt significantly worse.

    That influenced many experts to acknowledge that the disease was not just in the heads of patients. “It’s not just a placebo effect,” said Dr. Marios Hadjivassiliou, a neurologist and celiac expert at the University of Sheffield in England.

    Even though there was now convincing evidence that gluten sensitivity exists, that has not helped to establish what causes gluten sensitivity. The researchers of the Australian experiment noted, “No clues to the mechanism were elucidated.”

    What is known is that gluten sensitivity does not correlate with the genetic mutations of celiac, so it appears to be something distinct from celiac.

    How widespread gluten sensitivity may be is another point of controversy.

    Dr. Thomas O’Bryan, a chiropractor turned anti-gluten crusader, said that when he tested his patients, 30 percent of them had antibodies targeting gliadin fragments in their blood. “If a person has a choice between eating wheat or not eating wheat,” he said, “then for most people, avoiding wheat would be ideal.”

    Dr. O’Bryan has given himself a diagnosis of gluten sensitivity. “I had these blood sugar abnormalities and didn’t have a handle where they were coming from,” he said. He said a blood test showed gliadin antibodies, and he started avoiding gluten. “It took me a number of years to get completely gluten-free,” he said. “I’d still have a piece of pie once in a while. And I’d notice afterwards that I didn’t feel as good the next day or for two days. Subtle, nothing major, but I’d notice that.”

    But Suzy Badaracco, president of Culinary Tides, Inc., a consulting firm, said fewer people these days were citing the benefits of gluten-free diets. She said a recent survey of people who bought gluten-free foods found that 35 percent said they thought gluten-free products were generally healthier, down from 46 percent in 2010. She predicted that the use of gluten-free products would decline.

    Dr. Guandalini said finding out whether you are gluten sensitive is not as simple as Dr. O’Bryan’s antibody tests, because the tests only indicate the presence of the fragments in the blood, which can occur for a variety of reasons and do not necessarily indicate a chronic illness. For diagnosing gluten sensitivity, “There is no testing of the blood that can be helpful,” he said.

    He also doubts that the occurrence of gluten sensitivity is nearly as high as Dr. O’Bryan asserts. “No more than 1 percent,” Dr. Guandalini said, although he agreed that at present all numbers were speculative.

    He said his research group was working to identify biological tests that could determine gluten sensitivity. Some of the results are promising, he said, but they are too preliminary to discuss. Celiac experts urge people to not do what Ms. Golden Testa did — self-diagnose. Should they actually have celiac, tests to diagnose it become unreliable if one is not eating gluten. They also recommend visiting a doctor before starting on a gluten-free diet.


    This post has been revised to reflect the following correction:

    Correction: February 4, 2013

    An earlier version of this article misspelled the surname of Thomas O'Bryan. It is O'Bryan, not O'Brien.

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