U.S. federal agency to test RIM's BlackBerry 10

TORONTO (Reuters) - Research In Motion said a U.S. federal agency, which recently outlined plans to move away from BlackBerry in favor of Apple Inc's iPhone, is now set to begin testing RIM's new BlackBerry 10 platform and devices.

The U.S. Immigration and Customs Enforcement agency (ICE), will early next year begin a pilot program on RIM's new line of BlackBerry 10 smartphones and BlackBerry Enterprise Service 10 (BES 10), which allows corporations and government users to run the new devices on their networks, a RIM spokeswoman said late on Wednesday.

The news, which comes just as shares of the embattled company rallied to their highest close in seven months, signals that RIM's BlackBerry 10 platform is gaining some traction ahead of its official launch next month.

RIM, a one-time pioneer in the smartphone industry, has lost market share in recent years to the iPhone and devices powered by Google Inc's market-leading Android operating system, even among the business audience who once used BlackBerry devices exclusively.

Waterloo, Ontario-based RIM is now seeking to persuade both corporations and government users to stick with its smartphones, which have long been valued for their strong security features. It promises that its new line of devices, which will be powered by the BlackBerry 10 operating system, will be both smoother and faster than previous BlackBerry phones.

RIM is betting that these new devices - to be launched on January 30 - will revive its fortunes. But that may well depend to a large extent on the response from enterprise customers, many of whom have recently begun to flee to rival platforms.

ICE is one such example. The agency, in October, announced plans to end a long relationship with RIM, stating that its now aging line-up of BlackBerry devices could "no longer meet the mobile technology needs of the agency.

At the time, ICE outlined intentions to buy iPhones for more than 17,600 employees. It is not immediately clear whether the agency plans to revisit this plan or whether its intends to use RIM's new BES 10 platform to manage both iPhones and BlackBerry devices. A spokeswoman for the agency was not immediately able to comment on the pilot program or the agency's plans.

SHARES SURGE

The news comes soon after yet another rally in RIM shares on Wednesday, after Eric Jackson - a long-time bear on RIM's stock - penned an opinion piece on his now bullish stance on the company.

Jackson, the founder of Ironfire Capital, in his piece, said parallels drawn by some analysts between RIM and its now-defunct rival Palm are flawed, as Palm never had the kind of installed subscriber base that RIM enjoys.

In his article, published on Wednesday on the TheStreet.com, Jackson contends that RIM's new BlackBerry 10 devices have much better odds of success than Palm's Pre device, which failed to capture a following despite positive reviews on the device and its operating system.

Jackson, who was short RIM's stock for an extended period, argues that the positive sentiment building in RIM's stock ahead of the launch of the make-or-break line of devices is unlikely to dissipate in a hurry, as a large portion of RIM's 80 million subscribers are likely to upgrade to BB10 when the new devices are launched. Jackson said he now has a long position in RIM.

Shares in the company rose 5.6 percent to close at $13.31 on the Nasdaq - their highest close since May 1. Its Toronto-listed shares rose 5.8 percent to close at C$13.14.

The stock has more than doubled in price since September 24, when the shares were trading slightly above the $6 level in both New York and Toronto. The wave of optimism around BB10 has in recent weeks been bolstered by a number of analyst upgrades on the stock.

(Editing by Dan Grebler and Muralikumar Anantharaman)

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Williams testified he wanted to stop bounties

Former New Orleans defensive coordinator Gregg Williams testified that he tried to shut down the team's bounty system when the NFL began investigating but was overruled by interim Saints head coach Joe Vitt, according to transcripts from appeals hearings obtained by The Associated Press.

According to the transcripts, Williams said that then-assistant Vitt responded to a suggestion that the pay-for-pain setup be abandoned with an obscenity-filled speech about how NFL Commissioner Roger Goodell "wasn't going to ... tell us to ... stop doing what won us the Super Bowl. This has been going on in the ... National Football League forever, and it will go on here forever, when they run (me) out of there, it will still go on."

Williams and Vitt were among a number of witnesses whose testimony was heard by former NFL Commissioner Paul Tagliabue, who on Tuesday overturned four player suspensions in the case. Tagliabue was appointed by Goodell to handle the final round of appeals. The AP obtained transcripts of Tagliabue's closed-door hearings through a person with a role in the case.

Vitt was a Saints assistant who was banned for six games for his part in the scandal but now is filling in for head coach Sean Payton, who was suspended for the entire season. Williams was suspended indefinitely by Goodell. Others who testified included former defensive assistant Mike Cerullo, the initial whistleblower and considered a key NFL witness.

Transcripts portray the former coaching colleagues, all part of the Saints' 2010 Super Bowl championship, as bitterly disagreeing with one another and occasionally contradicting how the NFL depicted the bounty system.

Vitt, Williams and Cerullo appeared separately before Tagliabue and were questioned by lawyers for the NFL and lawyers representing the players originally suspended by Goodell: Jonathan Vilma, Will Smith, Scott Fujita and Anthony Hargrove.

Tagliabue's ruling found that "Saints' coaches and managers led a deliberate, unprecedented and effective effort to obstruct the NFL's investigation. ..."

The transcripts, which could be entered as evidence in Vilma's pending defamation case against Goodell, include numerous testy, and sometimes humorous, exchanges between witnesses and attorneys — and between Tagliabue and the attorneys.

Offering to take a lie detector test, Vitt challenged versions given by Williams and Cerullo. Vitt vowed to sue Cerullo and described Williams as "narcissistic." He referred to both as disgruntled former employees who were fired, even though, publicly, the Saints said Williams' departure for St. Louis was by mutual agreement. Vitt depicted Cerullo as incompetent and said he missed work numerous times and offered bizarre, fabricated excuses for his absences.

Vitt was asked whether he oversaw Cerullo's attempts to destroy evidence related to bounties, which the NFL determined the Saints sanctioned from 2009 to 2011, with thousands of dollars offered for hits that injured opponents and knocked them out of games.

"No. The answer is no," Vitt said. "Cerullo is an idiot."

Williams referred to the case as "somewhat of a witch hunt." He said he wants to coach in the NFL again, "took responsibility so that nobody else had to," and that Vilma has "been made a scapegoat."

Williams stood by his earlier sworn statement that Vilma pledged a $10,000 bounty on quarterback Brett Favre in the Saints' game against the Minnesota Vikings for the NFC championship. But Williams also said that the performance pool he ran was aimed at team bonding, not bounties, and that he saw a difference between asking players to hit hard legally, which he said he did, and asking them to purposely injure an opponent, which he said no one in the organization condoned.

"The game is about a mental toughness on top of a physical toughness," Williams testified at one point. "You know, it's not golf."

Williams, however, acknowledged he suggested Favre should be knocked out of the game.

"We want to play tough, hard-nosed football and look to get ready to play against the next guy. ... Brett is a friend of mine, and so that's just part of this business," Williams said. "You know, at no time, you know, are we looking to try to end anybody's career."

Williams described player pledges to the pool as "nominal" and said they rarely kept the money they earned, either putting it back in the pool or offering it as tips to equipment personnel. In the case of the large amounts pledged during the playoffs, Williams described it as "air" or "funny money" or "banter," adding that he never actually saw any cash collected or distributed and had no idea what would have happened to the money if Cerullo collected it.

Cerullo testified that league investigators misrepresented what he told them, and that, during the playoffs following the 2009 regular season, he kept track of large playoff pledges on note pads but didn't collect the money.

Cerullo said hits for cash started with Williams telling the staff that "Sean kind of put him in charge of bringing back a swagger to the defense ... so he wanted to brainstorm with us as coaches what we thought we could do. ... At one point in one of those meetings, Joe Vitt suggested (his previous teams) had a pay-for-play, pay-for-incentive program that the guys kind of bought into and kind of had fun with, and, you know, that was his suggestion. At that point, Gregg also admitted that other places he was at, they had the same type of thing. And at that point, Gregg kind of ran with it."

Cerullo described pregame meetings during the playoffs, when the Saints faced quarterback Kurt Warner of the Arizona Cardinals and then Favre.

He said Vitt told players Warner "should have been retired" and "we're going to end the career tomorrow of Kurt Warner." Cerullo also quoted Vitt as saying of Favre: "That old man should have retired when I was there. Is he retiring, isn't he retiring — that whole (thing) is over, you know, tomorrow. ... We'll end the career tomorrow. We'll force him to retire. ..."

Cerullo testified that, once word came that the NFL was investigating, Williams told him to delete computer files about bounty amounts and that Vitt checked on his progress.

Asked what motivated him to come forward as a whistleblower with an email to the league in November 2011, Cerullo replied: "I was angry for being let go from the Saints."

Later, he testified: "I was angry at Joe Vitt, and I wanted to show that I was fired for lying and I witnessed Joe Vitt lying and he still had a job. So, that was my goal of reaching out to the NFL."

The transcripts also portray Tagliabue's command of the proceedings, including his efforts to rein in the lawyers.

"I'm going to intervene much more significantly, going forward," Tagliabue interjected at one point, "because I am extremely concerned that this is getting to be cumulative, confusing and useless, and I do not preside over proceedings that are cumulative, confusing and useless."

There also were lighter moments, such as when Tagliabue announced: "I thought I was going to get through this proceeding only by drinking coffee. I'm getting to the point where I need a Bloody Mary."

___

Connect with Brett Martel on Twitter at http://twitter.com/brettmartel

Connect with Howard Fendrich on Twitter at http://twitter.com/HowardFendrich

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Rock legends take to New York stage for storm Sandy victims

NEW YORK (Reuters) – Bruce Springsteen, the Rolling Stones and Alicia Keys were among the musical stars headlining an all-star benefit concert for victims of Superstorm Sandy on Wednesday, in what producers promised was “the greatest line-up of legends ever assembled on a stage.”

Organizers said the “12-12-12″ concert at New York‘s Madison Square Garden was being distributed to nearly 2 billion people worldwide through television feeds, radio and online streaming.

“How do I begin again? My city’s in ruins?” Springsteen sang. He was joined by fellow New Jersey native Jon Bon Jovi for “Born to Run,” ushering in a night of musical duets.

Next up, Roger Waters performed alongside Eddie Vedder, and Paul McCartney was due to jam later in the evening with Dave Grohl.

“This has got to be the largest collection of old English musicians ever assembled in Madison Square Garden,” Mick Jagger told the crowd. The Stones performed “You Got Me Rocking” and “Jumpin’ Jack Flash.”

To help with the fundraising, celebrities such as Leonardo DiCaprio, Kristen Stewart, Jake Gyllenhaal, Chelsea Clinton and Billy Crystal took part in a telethon during the concert, which was expected to last four to five hours.

Comedian Adam Sandler took the stage for a Sandy-themed spoof on Leonard Cohen’s “Hallelujah,” rhyming the title with “Sandy, Screw Ya!”

Backstage, actress Susan Sarandon recounted losing power in her New York home but said that was a small hardship compared with the real victims who lost their homes.

Steven Van Zandt, guitarist of the E Street Band, scolded “the oil companies” and “Wall Street guys” for not doing more to help.

“Even with the music business not what it used to be … we are proud to be here,” he said.

Before the concert, producer John Sykes said $ 32 million had already been raised from ticket sales and sponsorships. Organizers are hoping to raise tens of millions more.

It was being broadcast live on television, radio, movie theaters, on Facebook and iHeartRadio, and streamed on digital billboards in New York‘s Times Square, London and Paris.

EXPANDING FUNDRAISING’S REACH

More than 130 people were killed when Sandy pummeled the East Coast of the United States in October. Thousands more were left homeless as the storm tore through areas of New York, New Jersey and Connecticut, causing billions of dollars in damage.

Throughout the show, celebrities shared memories of growing up in New York City or the Jersey Shore, and offered shout-outs to first responders.

“Watching my hometown get pummeled was devastating to watch,” said actor-comedian Crystal, who grew up on Long Beach, Long Island. “It’s a helpless feeling of what’s in store for us maybe in the future.”

Sykes was also involved with “The Concert for New York City” after the September 11, 2001, attacks, which raised more than $ 30 million for charity.

He said technological advances over the past decade had exponentially changed the reach of fundraising.

“We have both traditional and new media behind us in a way that we’ve never had before, and that is really going to be the ‘x-factor’ on how much money we can raise for the victims,” he said.

Donations raised from the concert produced by Clear Channel Entertainment and the Weinstein Co, will go to the Robin Hood Relief Fund, which will provide money and materials to groups helping people hardest hit by the storm.

(Additional reporting by Piya Sinha-Roy; Editing by Jill Serjeant, Patricia Reaney and Peter Cooney)

Music News Headlines – Yahoo! News

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Congress examines science behind HGH test for NFL

WASHINGTON (AP) — A congressional committee has opened a hearing to examine the science behind a human growth hormone test the NFL wants to start using on its players.

Nearly two full seasons have passed since the league and the players' union signed a labor deal that set the stage for HGH testing.

The NFL Players Association won't concede the validity of a test that's used by Olympic sports and Major League Baseball, and the sides haven't been able to agree on a scientist to help resolve that impasse.

Among the witnesses before the House Oversight and Government Reform Committee on Wednesday is Pro Football Hall of Fame member Dick Butkus. In his prepared statement, Butkus writes: "Now, let's get on with it. The HGH testing process is proven to be reliable."

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Music, comedy strike defiant tone at Sandy concert

NEW YORK (AP) — Music and comedy royalty struck a defiant tone in a benefit concert for Superstorm Sandy that started Wednesday and stretched into Thursday morning, asking for help to rebuild a New York metropolitan area most of them know well.

The sold-out Madison Square Garden show was televised, streamed online and aired on radio all over the world. Producers said up to 2 billion people could experience the concert live.

"When are you going to learn," comic and New Jersey native Jon Stewart said. "You can throw anything at us — terrorists, hurricanes. You can take away our giant sodas. It doesn't matter. We're coming back stronger every time."

Jersey shore hero Bruce Springsteen set a roaring tone, opening the concert with "Land of Hope and Dreams" and "Wrecking Ball." He addressed the rebuilding process in introducing his song "My City of Ruins," noting it was written about the decline of Asbury Park, N.J., before that city's renaissance over the past decade. What made the Jersey shore special was its inclusiveness, a place where people of all incomes and backgrounds could find a place, he said.

"I pray that that characteristic remains along the Jersey shore because that's what makes it special," Springsteen said.

He mixed a verse of Tom Waits' "Jersey Girl" into the song before calling New Jersey neighbor Jon Bon Jovi to join him in a rousing "Born to Run." Springsteen later returned the favor by joining Bon Jovi on "Who Says You Can't Go Home."

Adam Sandler hearkened back to his "Saturday Night Live" days with a ribald rewrite of the oft-sung "Hallelujah" that composer Leonard Cohen never would have dreamed. The rewritten chorus says, "Sandy, screw ya, we'll get through ya, because we're New Yawkers."

Sandler wore a New York Jets T-shirt and mined Donald Trump, Michael Bloomberg, the New York Knicks, Times Square porn and Jets quarterback Mark Sanchez for laugh lines.

The music lineup was heavily weighted toward classic rock, which has the type of fans able to afford a show for which ticket prices ranged from $150 to $2,500. Even with those prices, people with tickets have been offering them for more on broker sites such as StubHub, an attempt at profiteering that producers fumed was "despicable."

"This has got to be the largest collection of old English musicians ever assembled in Madison Square Garden," Rolling Stones rocker Mick Jagger said. "If it rains in London, you've got to come and help us."

In fighting trim for a series of 50th anniversary concerts in the New York area, the Stones ripped through "You've Got Me Rockin" and "Jumping Jack Flash" before beating a quick retreat — perhaps not to upstage their own upcoming Pay-Per-View show. Actor Steve Buscemi later made light of that, saying producers made room for him by cutting the Stones short. "I said, 'if they play more than two songs, I'm out of here.'"

Jagger wasn't in New York City for Sandy, but he said in an interview before the concert that his apartment was flooded with 2 feet of water.

The Who weaved Sandy into their set, showing pictures of storm devastation on video screens during "Pinball Wizard." Pete Townshend made a quick revision to the lyrics of "Baba O'Riley," changing "teenage wasteland" to "Sandy wasteland."

New York native Alicia Keys asked the audience to hold their cell phones high for her song, "No One," triggering a sea of light that is the modern version of an earlier generation's holding cigarette lighters in the air. "We love you," Keys said, "and we'll make it through this."

She didn't perform "Empire State of Mind," however, leaving untouched this century's most indelible song about her hometown. Billy Joel did his signature "New York State of Mind," however. Joel's "Miami 2017 (Seen the Lights Go Out on Broadway)" sounded prescient, with new Sandy-fueled lyrics smoothly fitting in.

By the time Joel worked in "Have Yourself a Merry Little Christmas," the concert was already testing the patience of viewers. Long sets by The Who and Kanye West stretched beyond the point of endurance, and Seth Meyers' "drunk uncle" comedy set fell flat.

An energetic West worked up a sweat in a hoodie, black leather pants and a black skirt. He told the audience that he had friends displaced by Sandy who were staying at his house, before getting the crowd swaying with a version of "Gold Digger." He ended his set by shouting, "I need you right now!" tossing his microphone and stalking off stage.

Besides the Garden, people gathered in theaters across the region and country to watch the show. In Toms River, N.J., mail carrier Jerry Frasco said he was in awe of a lineup that included many of his favorites from 40 years ago.

"We didn't want to go through a hurricane to have it," he said.

Eric Clapton switched from acoustic to electric guitar and sang "Nobody Knows You When You're Down and Out" and "Crossroads." New York was a backdrop for Clapton's personal tragedy, when his young son died after falling out of a window.

Roger Waters played a set of Pink Floyd's spacey rock, joined by Eddie Vedder for "Comfortably Numb." Waters stuck to the music and left the fundraising to others.

"Can't chat," he said, "because we only have 30 minutes."

The sold-out "12-12-12" concert was being shown on 37 television stations in the United States and more than 200 others worldwide. It was to be streamed on 30 websites, including YouTube and Yahoo, and played on radio stations. Theaters, including 27 in the New York region and dozens more elsewhere, were showing it live.

Proceeds from the show will be distributed through the Robin Hood Foundation. More than $30 million was raised through ticket sales alone.

The powerful storm left parts of New York City underwater and left millions of people in several states without heat or electricity for weeks. It's blamed for at least 125 deaths, including 104 in New York and New Jersey, and it destroyed or damaged 305,000 housing units in New York alone.

Many of the artists told personal stories of friends or family affected by the storm, like Richie Sambora of Bon Jovi.

"I had to hold back the tears really," he said about visiting the devastation in New Jersey. "My mom's house (in Point Pleasant, N.J.) got trashed. They had to evacuate her. She's living with me until we fix it up."

E Street Band guitarist Steve Van Zandt said backstage that musicians are often quick to help when they can.

"Yes, it's more personal because literally the Jersey shore is where we grew up," he said. "But we'd be here anyway."

The concert came a day after the death of sitar master Ravi Shankar, a performer at the 1971 "Concert for Bangladesh" considered the grandfather of music benefits. That concert also was in Madison Square Garden.

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AP Music Writer Mesfin Fekadu in New York and Geoff Mulvihill in Toms River, N.J., contributed to this report.

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Snow-making at ski resorts goes high tech

Mother Nature has been a fickle manager of snowfall lately, sending an avalanche of powder to ski resorts across the country two years ago, followed by the least amount of snowfall in decades last winter.

A scattering of storms has already swept through the West this winter, but it's too early to tell if this season will be a snowy success or another dry disappointment.

But ski resort managers are losing less sleep over erratic weather conditions after making a flurry of investments over the last few years in ultra-efficient, computerized snow-making equipment.

Once powered by diesel air compressors and monitored by workers on snowmobiles, today's snow-making systems rely on computers, fiber-optic cables and low-energy fans that can be controlled by smartphone or programmed to automatically make snow when conditions are prime.

The good news for powder hounds is that the frozen spray generated by modern snow-making equipment is so close to real snow that even veteran skiers can't tell the difference.

"If I'm going down a run, I can't tell you if I just skied on natural or man-made snow," said Bruce Lee, a Redondo Beach resident who has been skiing for 30 years in Vermont, Pennsylvania, Utah, Colorado and California. "I'll bet no one can tell the difference."

Video chat: Tahoe ski resorts get a makeover

Investments in snow making have been especially crucial in California, where snowfall has always been particularly unreliable. The state is home to 29 resorts that generate an estimated $1.3 billion in spending a year.

Last year's ultra-dry season only reinforced the value of artificial snow-making systems. The 2011-12 season marked the lowest national average snowfall in 20 years, forcing half of the nation's resorts to either open late or close early.

The National Resources Defense Council estimates that ski resorts lost $1 billion in revenue because of meager snowfall over the last decade.

Resort operators that had already invested heavily -n snow-making equipment said man-made snow helped them avoid a complete bust.

"For us, the reaction to last year was 'Thank God we've done what we did in the past,'" said Pete Sonntag, general manager at Lake Tahoe's Heavenly ski resort, where 155 snow-making machines can cover 65% of the resort's skiable terrain.

Heavenly's snow-making system — the largest on the West Coast — can be controlled from a desktop computer at a pump house on the mountain or a smartphone carried by Barrett Burghard, the resort's senior manager for snow surfaces.

"I'm not going to lie and say we can make snow as good as Mother Nature," Burghard said as he glanced at a computer screen to check the water levels in the resort's storage tanks. "But it's close."

The best man-made snow, he said, is light and can be pressed into a snowball without oozing water.

He has another, very unscientific method for testing his machine-spewed snow: He tosses it against his arm to see how it bounces off his sleeve. "There's an art to making snow," Burghard said.

In the past, snow-making was a labor-intensive task that involved teams of workers taking temperature and humidity readings throughout the night.

If the conditions were right for snow-making, workers would ride snowmobiles up the mountains to switch on snow guns, which were often powered by diesel air compressors and connected to high-pressure air and water hoses bordering ski runs.

But temperatures at different spots on a mountain can vary by several degrees, making it difficult for resort operators to gauge when and where to activate the snow guns.

Modern snow-making guns use less energy than older systems, relying on a combination of portable compressors and energy-efficient fans.

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3 dead, including gunman, in Portland, Ore., mall shooting

A masked gunman wearing camouflage opened fire Thursday in a busy Portland mall, leaving the gunman and two others dead and forcing the mall's Santa Claus and hundreds of Christmas shoppers and employees to flee or hide among store displays.

Austin Patty, 20, who works at Macy's, said he saw a man in a white mask carrying a rifle and wearing a bulletproof vest. He heard the gunman say, "I am the shooter," as if announcing himself. A series of rapid-fire shots in short succession followed as Christmas music played. Patty said he ducked to the ground and then ran.

His Macy's co-worker, Pam Moore, told The Associated Press the gunman was short, with dark hair. Witnesses said he started firing just outside Macy's in the food court of Clackamas Town Center.

Brance Wilson, the mall Santa, said he heard gunshots and dove for the floor. By the time he looked up, seconds later, everyone around him had cleared out. Merchandise was scattered in some stores as he made his way to the door.

"Santa will be back," Wilson said. "It's not going to keep Santa away from the mall."

Police said they have tentatively identified the gunman but would not release his name or give any information on a possible motive. Officials said a woman was also shot and was in serious condition at a Portland hospital.

"We have a young lady in the hospital fighting for her life right now," Clackamas County Sheriff Craig Roberts at a news conference late Tuesday.

Clackamas Town Center is one of the Portland area's biggest and busiest malls, with 185 stores and a 20-screen movie theater. It would remain closed at least through Wednesday, Roberts said.

Shaun Wik, 20, from Fairview, said he was Christmas shopping with his girlfriend and opened a fortune cookie at the food court. Inside was written: "Live for today. Remember yesterday. Think of tomorrow."

As he read it, he heard three shots. He heard a man he believes was the gunman shout, "Get down!" but Wik and his girlfriend ran. He heard seven or eight more shots. He didn't turn around.

"If I had looked back, I might not be standing here," Wik said. "I might have been one of the ones who got hit."

Kira Rowland told KGW-TV that she was shopping at Macy's with her infant son when the shots started.

"All of a sudden you hear two shots, which sounded like balloons popping," Rowland told the station. "Everybody got on the ground. I grabbed the baby from the stroller and got on the ground."

Rowland said she heard people screaming and crying.

"I put the baby back in the stroller and ran," Rowland said.

Holli Bautista, 28, said she was shopping at Macy's for a Christmas dress for her daughter when she heard pops that sounded like firecrackers.

"I heard people running and screaming and saying 'Get out, there's somebody shooting,'" she told the AP.

She said hundreds of shoppers and mall employees started running, and she and dozens of other people were trying to escape through a department store exit.

Tiffany Turgetto and her husband were leaving Macy's through the first floor when they heard gunshots coming from the second floor of the mall. They were able to quickly leave through a Barnes & Noble bookstore before the police arrived and locked down the mall.

"I had left my phone at home. I was telling people to call 911. Surprisingly, people are around me, no one was calling 911. I think people were in shock."

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Microsoft ups Surface production, to sell in more stores

SEATTLE (Reuters) - Microsoft Corp has stepped up manufacturing of the Surface tablet, its new device designed to counter Apple Inc's iPad, and will introduce it to third-party retailers this week.

The moves suggest Microsoft is seeing some demand for its first own-brand computer in the crucial holiday shopping season, although it has yet to divulge any sales figures.

"The public reaction to Surface has been exciting to see," said Panos Panay, general manager of Microsoft's Surface project, which forms part of the company's Windows unit.

"We've increased production and are expanding the ways in which customers can interact with, experience and purchase Surface," said Panay, but gave no details of how many extra units were being produced.

Panay did not mention names of retailers that will sell the Surface, but separately office equipment retailer Staples Inc said it would stock the tablet from Wednesday.

He said the Surface would also be on sale at retailers in Australia from mid-December, with more countries to follow in the next few months.

Since launch in late October, the Surface has only been sold by Microsoft itself, in its own brick and mortar stores in the United States and Canada and online in Australia, China, France, the UK and Germany.

The only Surface model available now - officially called Surface with Windows RT - runs a version of Windows created to work on the low-power chips designed by ARM Holdings, which dominate smartphones and tablets but are incompatible with old Windows applications.

It starts at $499 for the 32 gigabyte version plus $120 for a thin cover that doubles as a keyboard.

A larger, heavier tablet - called Surface with Windows 8 Pro - will be introduced in January, running on an Intel Corp chip that works with all Microsoft's Windows and Office applications. Microsoft plans to price the new Surface from $899 for a 64 gigabyte version.

The world's largest software company also said it would keep its chain of 'pop-up' holiday stores open into the new year and will convert them into permanent retail outlets or what it called "specialty store locations".

Microsoft's recent push into physical retail - following Apple's great success - has resulted in 31 permanent stores plus 34 holiday ‘pop-up' stores in the U.S. and Canada.

If Microsoft converted each of the temporary stores into permanent outlets it would have 65 stores, still well below Apple with almost 400 worldwide.

(Reporting by Bill Rigby in Seattle, Sruthi Ramakrishnan in Bangalore)

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Saints' suspensions tossed out in bounty case

NEW ORLEANS (AP) — Finding fault with nearly everyone tied to the New Orleans Saints' bounty case, from the coaches to Roger Goodell, former NFL Commissioner Paul Tagliabue tossed out the suspensions of four players Tuesday and condemned the team for obstructing the investigation.

In a surprising rejection of his successor's overreaching punishments, Tagliabue wrote that he would "now vacate all discipline to be imposed upon" two current Saints, linebacker Jonathan Vilma and defensive end Will Smith, and two players no longer with the club, Browns linebacker Scott Fujita and free-agent defensive lineman Anthony Hargrove.

Tagliabue essentially absolved Fujita, but did agree with Goodell's finding that the other three players "engaged in conduct detrimental to the integrity of, and public confidence in, the game of professional football."

It was a ruling that allowed both sides to claim victory more than nine months after the league first made "Saints bounties" a household phrase: The NFL pointed to the determination that Goodell's facts were right; the NFL Players Association issued a statement noting that Tagliabue said "previously issued discipline was inappropriate."

Vilma, suspended by Goodell for the entire current season, and Smith, suspended four games, have been playing for the Saints while their appeals were pending. Fujita is on injured reserve; Hargrove is not with a team.

Tagliabue, appointed by Goodell to oversee a second round of player appeals, criticized the Saints as an organization that fostered bad behavior and tried to impede the investigation into what the NFL said was a performance pool designed to knock targeted opponents out of games from 2009 to 2011, with thousands of dollars in payouts.

A "culture" that promoted tough talk and cash incentives for hits to injure opponents — one key example was Vilma's offer of $10,000 to any teammate who knocked Brett Favre out of the NFC championship game at the end of the 2009 season — existed in New Orleans, according to Tagliabue, who also wrote that "Saints' coaches and managers led a deliberate, unprecedented and effective effort to obstruct the NFL's investigation."

The former commissioner did not entirely exonerate the players, however.

He said Vilma and Smith participated in a performance pool that rewarded key plays — including hard tackles — while Hargrove, following coaches' orders, helped to cover up the program when interviewed by NFL investigators in 2010.

"My affirmation of Commissioner Goodell's findings could certainly justify the issuance of fines," the ruling said. "However, this entire case has been contaminated by the coaches and others in the Saints' organization."

Tagliabue said he decided, in this particular case, that it was in the best interest of all parties involved to eliminate player punishment because of the enduring acrimony it has caused between the league and the NFL Players Association. He added that he hoped doing so would allow the NFL and union to move forward collaboratively to the more important matters of enhancing player safety.

"To be clear: this case should not be considered a precedent for whether similar behavior in the future merits player suspensions or fines," his ruling said.

Tagliabue oversaw the second round of player appeals to the league in connection with the cash-for-hits program run by former defensive coordinator Gregg Williams from 2009-2011. The players initially opposed his appointment.

Goodell had given Vilma a full-season suspension, while he gave Smith, Fujita and Hargrove shorter suspensions.

Tagliabue cleared Fujita of conduct detrimental to the league.

The former commissioner found Goodell's actions historically disproportionate to past punishment to players for similar behavior, which had generally been reserved to fines, not suspensions. He also stated that it was very difficult to determine whether the pledges players made were genuine, or simply a motivational ploy, particularly because Saints defenders never demonstrated a pattern of dirty play on the field.

"The relationship of the discipline for the off-field 'talk' and actual on-field conduct must be carefully calibrated and reasonably apportioned. This is a standard grounded in common sense and fairness," Tagliabue wrote in his 22-page opinion. "If one were to punish certain off-field talk in locker rooms, meeting rooms, hotel rooms or elsewhere without applying a rigorous standard that separated real threats or 'bounties' from rhetoric and exaggeration, it would open a field of inquiry that would lead nowhere."

Saints quarterback Drew Brees commented on Twitter: "Congratulations to our players for having the suspensions vacated. Unfortunately, there are some things that can never be taken back."

The Saints opened the season 0-4 and are now 5-8 and virtually out of the playoffs after appearing the postseason the three previous seasons, including the franchise's only Super Bowl title to conclude the 2009 season.

Shortly before the regular season, the initial suspensions were thrown out by an appeals panel created by the NFL's collective bargaining agreement. Goodell then reissued them, with some changes, and now those have been dismissed.

Now, with the player suspensions overturned, the end could be near for a nearly 10-month dispute over how the NFL handled an investigation that covered three seasons and gathered about 50,000 pages of documents.

"We respect Mr. Tagliabue's decision, which underscores the due process afforded players in NFL disciplinary matters," the league said in a statement.

"The decisions have made clear that the Saints operated a bounty program in violation of league rules for three years, that the program endangered player safety, and that the commissioner has the authority under the (NFL's collective bargaining agreement) to impose discipline for those actions as conduct detrimental to the league. Strong action was taken in this matter to protect player safety and ensure that bounties would be eliminated from football."

The players have challenged the NFL's handling of the entire process in federal court, but U.S District Judge Ginger Berrigan had been waiting for the latest round of appeals to play out before deciding whether to get involved. The judge issued an order Tuesday giving the NFLPA and Vilma until Wednesday to notify the court if they found Tagliabue's ruling acceptable.

Vilma also has filed a defamation lawsuit against Goodell, which also is being handled by Berrigan. Vilma's lawyers, Peter Ginsberg and Duke Williams, said by email to The Associated Press that they would "pursue the defamation action vigorously."

NFL investigators found that Vilma and Smith were ringleaders of a cash-for-hits program that rewarded injurious tackles labeled as "cart-offs" and "knockouts." Witnesses including Williams also said Vilma made a $10,000 pledge for anyone who knocked then-Minnesota quarterback Brett Favre out of the 2010 NFC title game. However, Tagliabue found it was not clear if the pledge was genuine or simply a motivational prop.

"There is more than enough evidence to support Commissioner Goodell's findings that Mr. Vilma offered such a bounty" on Favre, Tagliabue wrote. "I cannot, however, uphold a multi-game suspension where there is no evidence that a player's speech prior to a game was actually a factor causing misconduct on the playing field and that such misconduct was severe enough in itself to warrant a player suspension or a very substantial fine."

The NFL also concluded that Hargrove lied to NFL investigators to help cover up the program. The players have from the beginning denied they ever took the field intending to injure opponents, while Hargrove has said he never lied about a bounty program, because there wasn't one.

Goodell suspended Williams indefinitely, while banning Saints head coach Sean Payton for a full season.

Tagliabue's ruling comes after a new round of hearings that for the first time allowed Vilma's attorneys and the NFLPA, which represents the other three players, to cross-examine key NFL witnesses. Those witnesses included Williams and former Saints assistant Mike Cerullo, who was fired after the 2009 season and whose email to the league, accusing the Saints of being "a dirty organization," jump-started the probe.

"We believe that when a fair due process takes place, a fair outcome is the result," the players' union said in a statement. "We are pleased that Paul Tagliabue, as the appointed hearings officer, agreed with the NFL Players Association that previously issued discipline was inappropriate in the matter of the alleged New Orleans Saints bounty program.

"Vacating all discipline affirms the players' unwavering position that all allegations the League made about their alleged 'intent-to-injure' were utterly and completely false."

Smith said he was pleased that Tagliabue vacated his suspension.

"I continue to maintain that I did not participate in a pay-to-injure program or facilitate any such program," he added. "I appreciate that Mr. Tagliabue did not rush to judgment, taking into consideration all facts presented to him, before ruling — something that was clearly not done by Commissioner Goodell in previous hearings."

A statement released by Vilma's lawyers on his behalf said the linebacker is "relieved and gratified that Jonathan no longer needs to worry about facing an unjustified suspension.

"On the other hand, Commissioner Tagliabue's rationalization of Commissioner Goodell's actions does nothing to rectify the harm done by the baseless allegations lodged against Jonathan. Jonathan has a right and every intention to pursue proving what really occurred and we look forward to returning to a public forum where the true facts can see the light of day."

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Indian sitar virtuoso Ravi Shankar dies at 92

NEW DELHI (AP) — Ravi Shankar, the sitar virtuoso who became a hippie musical icon of the 1960s after hobnobbing with the Beatles and who introduced traditional Indian ragas to Western audiences over a 10-decade career, died Tuesday. He was 92.

A statement on the musician’s website said he died in San Diego, near his Southern California home. The musician’s foundation issued a statement saying that he had suffered upper respiratory and heart problems and had undergone heart-valve replacement surgery last week.

Indian Prime Minister Manmohan Singh also confirmed his death and called Shankar a “national treasure.”

Labeled “the godfather of world music” by George Harrison, Shankar helped millions of classical, jazz and rock lovers discover the centuries-old traditions of Indian music.

He also pioneered the concept of the rock benefit with the 1971 Concert For Bangladesh. To later generations, he was known as the estranged father of popular American singer Norah Jones.

His last musical performance was with his other daughter, sitarist Anoushka Shankar Wright, on Nov. 4 in Long Beach, California; his foundation said it was to celebrate his 10th decade of creating music. The multiple Grammy winner learned that he had again been nominated for the award the night before his surgery.

As early as the 1950s, Shankar began collaborating with and teaching some of the greats of Western music, including violinist Yehudi Menuhin and jazz saxophonist John Coltrane. He played well-received shows in concert halls in Europe and the United States, but faced a constant struggle to bridge the musical gap between the West and the East.

Describing an early Shankar tour in 1957, Time magazine said. “U.S. audiences were receptive but occasionally puzzled.”

His close relationship with Harrison, the Beatles lead guitarist, shot Shankar to global stardom in the 1960s.

Harrison had grown fascinated with the sitar, a long necked, string instrument that uses a bulbous gourd for its resonating chamber and resembles a giant lute. He played the instrument, with a Western tuning, on the song “Norwegian Wood,” but soon sought out Shankar, already a musical icon in India, to teach him to play it properly.

The pair spent weeks together, starting the lessons at Harrison‘s house in England and then moving to a houseboat in Kashmir and later to California.

Gaining confidence with the complex instrument, Harrison recorded the Indian-inspired song “Within You Without You” on the Beatles’ “Sgt. Pepper’s Lonely Hearts Club Band,” helping spark the raga-rock phase of 60s music and drawing increasing attention to Shankar and his work.

Shankar’s popularity exploded, and he soon found himself playing on bills with some of the top rock musicians of the era. He played a four-hour set at the Monterey Pop Festival and the opening day of Woodstock.

Though the audience for his music had hugely expanded, Shankar, a serious, disciplined traditionalist who had played Carnegie Hall, chafed against the drug use and rebelliousness of the hippie culture.

“I was shocked to see people dressing so flamboyantly. They were all stoned. To me, it was a new world,” Shankar told Rolling Stone of the Monterey festival.

While he enjoyed Otis Redding and the Mamas and the Papas at the festival, he was horrified when Jimi Hendrix lit his guitar on fire.

“That was too much for me. In our culture, we have such respect for musical instruments, they are like part of God,” he said.

In 1971, moved by the plight of millions of refugees fleeing into India to escape the war in Bangladesh, Shankar reached out to Harrison to see what they could do to help.

In what Shankar later described as “one of the most moving and intense musical experiences of the century,” the pair organized two benefit concerts at Madison Square Garden that included Eric Clapton, Bob Dylan and Ringo Starr.

The concert, which spawned an album and a film, raised millions of dollars for UNICEF and inspired other rock benefits, including the 1985 Live Aid concert to raise funds for famine relief in Ethiopia and the 2010 Hope For Haiti Now telethon.

Ravindra Shankar Chowdhury was born April 7, 1920, in the Indian city of Varanasi.

At the age of 10, he moved to Paris to join the world famous dance troupe of his brother Uday. Over the next eight years, Shankar traveled with the troupe across Europe, America and Asia, and later credited his early immersion in foreign cultures with making him such an effective ambassador for Indian music.

During one tour, renowned musician Baba Allaudin Khan joined the troupe, took Shankar under his wing and eventually became his teacher through 7 1/2 years of isolated, rigorous study of the sitar.

“Khan told me you have to leave everything else and do one thing properly,” Shankar told The Associated Press.

In the 1950s, Shankar began gaining fame throughout India. He held the influential position of music director for All India Radio in New Delhi and wrote the scores for several popular films. He began writing compositions for orchestras, blending clarinets and other foreign instruments into traditional Indian music.

And he became a de facto tutor for Westerners fascinated by India’s musical traditions.

He gave lessons to Coltrane, who named his son Ravi in Shankar’s honor, and became close friends with Menuhin, recording the acclaimed “West Meets East” album with him. He also collaborated with flutist Jean Pierre Rampal, composer Philip Glass and conductors Andre Previn and Zubin Mehta.

“Any player on any instrument with any ears would be deeply moved by Ravi Shankar. If you love music, it would be impossible not to be,” singer David Crosby, whose band The Byrds was inspired by Shankar’s music, said in the book “The Dawn of Indian Music in the West: Bhairavi.”

Shankar’s personal life, however, was more complex.

His 1941 marriage to Baba Allaudin Khan‘s daughter, Annapurna Devi, ended in divorce. Though he had a decades-long relationship with dancer Kamala Shastri that ended in 1981, he had relationships with several other women in the 1970s.

In 1979, he fathered Norah Jones with New York concert promoter Sue Jones, and in 1981, Sukanya Rajan, who played the tanpura at his concerts, gave birth to his daughter Anoushka.

He grew estranged from Sue Jones in the 80s and didn’t see Norah for a decade, though they later re-established contact.

He married Rajan in 1989 and trained young Anoushka as his heir on the sitar. In recent years, father and daughter toured the world together.

When Jones shot to stardom and won five Grammy awards in 2003, Anoushka Shankar was nominated for a Grammy of her own.

Shankar, himself, has won three Grammy awards and was nominated for an Oscar for his musical score for the movie “Gandhi.” His album “The Living Room Sessions, Part 1″ earned him his latest Grammy nomination, for best world music album.

Despite his fame, numerous albums and decades of world tours, Shankar’s music remained a riddle to many Western ears.

Shankar was amused after he and colleague Ustad Ali Akbar Khan were greeted with admiring applause when they opened the Concert for Bangladesh by twanging their sitar and sarod for a minute and a half.

“If you like our tuning so much, I hope you will enjoy the playing more,” he told the confused crowd, and then launched into his set.

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Ravi Nessman reported from Bangkok.

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