Thursday, March 16, 2023

US Publishers, sellers, authors form Creative Economy Coalition

NEW YORK (AP) — Organizations representing book publishers, booksellers and authors have formed a coalition to protect copyrights and oppose legislation across the country that it fears could drive down e-book prices and damage writers’ ability to support themselves

The Association of American Publishers, the Authors Guild and the American Booksellers Association are among the members of the Protect the Creative Economy Coalition. Their current focus is proposed legislation in Connecticut, Kentucky and elsewhere that sets boundaries on what publishers can ask for when negotiating with a given state’s library system.

Libraries and publishers have long battled over terms for e-books, which in principle are far easier than printed books for libraries to loan out repeatedly. Publishers often charge libraries double or more the average retail price for e-book rights and limit how often they can be made available to patrons.

Supporters of the state laws have contended that they want books to be more affordable for libraries, and by extension, consumers.

“Writers’ incomes have become precariously low, forcing talented writers to leave the profession; as a culture, we lose their books and their important insights,” Mary Rasenberger, CEO of the Authors Guild, said in a statement Wednesday. “By forcing pricing limits and other restrictions on not just publishers but thousands of self-published authors, the bills exhibit total disregard of the reality that authors in the commercial marketplace have to earn enough money to stay in the profession.”

Last year, a federal judge in Maryland struck down a law that would have required publishers to make e-books available on “reasonable terms” to libraries if they were also being offered to the general public. The Association of American Publishers had contended that the bill violated the United States Copyright Act by allowing states to regulate publishing transactions.

Maria Pallante, president and CEO of the publishers association, said in a statement Wednesday that the current bills under consideration “would subject authors and publishing houses of all sizes to serious liabilities and financial penalties for exercising the very rights that the Copyright Act so clearly affords them.”

The new coalition also includes the National Music Publishers Association, the News Media Alliance and the Copyright Alliance.
Videos show scattered protests during Iran’s fire festival

yesterday

This is a locator map for Iran with its capital, Tehran. (AP Photo)

DUBAI, United Arab Emirates (AP) — Iranians have held scattered anti-government protests during an annual fire festival with ancient roots, according to videos circulating online.

The videos appeared to show protesters in different cities chanting against the country’s ruling clerics and hurling firecrackers at security forces during celebrations of Chaharshanbe Soori, which took place on Tuesday. Hard-liners have long condemned the festival, which dates back to 1700 B.C., as un-Islamic.

Iran has seen waves of anti-government protests since September, when a 22-year-old woman, Mahsa Amini, died after being detained by the morality police for allegedly violating the Islamic Republic’s strict Islamic dress code. At their height, the protests saw thousands of people across the country calling for the overthrow of Iran’s Supreme Leader Ayatollah Ali Khamenei.

The protests have largely died down in over the past few months following a fierce security crackdown. More than 19,700 people were arrested and at least 530 protesters were killed, according to Human Rights Activists in Iran, a group that has closely monitored the unrest.

Earlier this week, Iran announced that 22,000 people arrested in connection to the protests had been pardoned, without saying how many had been released, indicating the government no longer views the protesters as a threat.

But there are still signs of widespread anger at the theocracy that has ruled Iran since the 1979 Islamic Revolution. At night, chanting can be heard from darkened buildings in some areas of the capital, Tehran.

Authorities have accused the U.S. and other foreign powers of stirring up the protests, without providing evidence. Ali Reza Fakhari, the governor of Tehran province, denied there were any “special security problems” during the fire festival, and there were no reports of arrests.

Iran has heavily restricted media coverage of the protests and arrested dozens of journalists, making it difficult to determine the scope of the demonstrations.

Separately, the state-run IRNA news agency said 26 people were killed and more than 4,000 injured in accidents involving bonfires and fireworks linked to the festival over the past three weeks. Last year, before the latest protests, 19 people were killed and 2,800 injured in the same period.

During the fire festival, a ritual linked to the Zoroastrian religion, people light bonfires, set off fireworks and send wish lanterns floating off into the night sky. Others jump over and around fires, chanting “My yellow is yours, your red is mine,” invoking the replacement of ills with warmth and energy.

It’s one of two holidays with pre-Islamic roots that are still observed each year in the Islamic Republic, the other being a picnic day in early April. Both offer a rare opportunity for Iranians to dance and celebrate in public, something authorities usually frown on.
Ohio AG sues Norfolk Southern over East Palestine toxic chemical train derailment
By Patrick Hilsman

Ohio Attorney General Dave Yost has sued Norfolk Southern over the February 3 train derailment that spilled toxic chemicals into the local environment and forced a massive clean-up.
 File Photo courtesy of Ohio National Guard/Twitter

March 14 (UPI) -- Ohio's attorney general filed a lawsuit Tuesday against Norfolk Southern over the February 3 train derailment that released toxic chemicals in East Palestine.

Attorney General Dave Yost announced that he had submitted a 53-count complaint to the District Court for the Northern District of Ohio in an online press conference Tuesday.

"This derailment was entirely avoidable," Yost said of the event that released ethylene glycol, vinyl chloride, and butyl acrylate, into the local environment, killing fish in the Ohio River.

"The fallout from this highly preventable accident is goin to reverberate though Ohio and Ohioans for many years to come," he said.

Yost drew attention to an 80% increase in accidents related to Norfolk Southern in the past decade. The complaint also raises the issue of Norfolk Southern's recent safety record.

"The derailment was just one in a long string of Norfolk Southern train derailments, hazmat incidents/community evacuations, and relates of hazardous materials, hazardous substances, hazardous wastes, and/or other harmful pollutants into the environment," the complaint reads.

The complaint is intended to instigate a "declaratory judgement" that Norfolk Southern is financially responsible for the emergency response to the derailment and that the company is responsible for covering the costs of environmental and property damage.

Norfolk Southern said they would cooperate with the Attorney General and are working to clean up the site of the derailment.

"Every day since the derailment, our goal has been to make it right for the people of East Palestine and the surrounding communities. We are making progress every day cleaning the site safely and thoroughly," Norfolk Southern said in a statement Tuesday.

"We look forward to working towards a final resolution with Attorney General Yost and others as we coordinate with his office, community leaders, and other stakeholders to finalize the details of these programs," the company said.
MORE TO EXPORT
U.S. energy demand is on the decline, federal data show
By Daniel J. Graeber

Recent federal data show the amount of refined petroleum products sent to the market, a proxy for demand, is on the decline despite signs of lower inflation. 
 Bill Greenblatt/UPI | License Photo

March 15 (UPI) -- Bloated crude oil inventories and a decline in the amount of petroleum products sent to the market suggest demand in the U.S. economy is faltering, Energy Department data from Wednesday show.

Data from the Energy Information Administration, the statistical arm of the Energy Department, showed that commercial crude oil inventories increased by about 1.6 million barrels during the week ending March 10.

Now at a total of 480.1 million barrels, domestic storage is 7% higher than the five-year average for this time of year. Globally, the Paris-based International Energy Agency put oil inventories for the 38 members of the Organization for Economic Cooperation and Development at an 18-month high.

In the U.S. economy, the total amount of refined petroleum products supplied over the four-week period ending March 10 declined by 6.4% relative to the same period last year. Economists use that metric as a proxy for demand.

RELATED February U.S. wholesale prices decline 0.1%, though banking concerns remain

Denton Cinquegrana, the chief oil analyst at the Oil Price Information Service, told UPI the product supplied figures are troubling.

"These are recessionary like numbers," he said.

Next week's forecast should indicate even more turmoil given emerging concerns of a banking crisis triggered by the collapse of Silicon Valley Bank in California.

"Some might wonder why a banking crisis is hitting oil so hard, as it is unlikely to impact crude demand and production," a research note emailed to UPI from Swiss investment bank UBS read. "But during periods of elevated volatility, investors tend to pull out of risky assets like oil and invest in safer corners of the market."

Elsewhere, while inflationary pressures in the U.S. economy are easing at both the retail and wholesale level, energy prices remain elevated. The all-energy component of the Consumer Price Index shows a 5.2% increase over the 12-month period ending in February.

Retail gasoline prices, meanwhile, are on the rise because of the adoption of the summer blend of gasoline, which is more expensive to make because of the additional steps needed to keep it from evaporating in warmer months.

Motor club AAA put the national average retail price at $3.46 per gallon, above levels closer to $3.00 at the start of the year.

That trend could increase. Data show domestic gasoline production was down from week-ago levels.
CRIMINAL CAPITALI$M
U.S. sues Rite Aid over opioid prescriptions

By Darryl Coote

The Justice Department on Monday filed a lawsuit against Rite Aid, accusing it of illegally filling hundreds of thousands of prescriptions.
File Photo by Shawn Thew/EPA

March 14 (UPI) -- The United States on Monday sued Rite Aid and several of its subsidiaries on allegations they knew their pharmacists had for years filled hundreds of thousands of illegal prescriptions for controlled substances, fueling the opioid epidemic.

The complaint, filed in the U.S. District Court for the Northern District of Ohio, eastern division, accuses one of the country's largest retail pharmacies of not only filling the prescriptions despite red flags having been raised but of knowing it was occurring and taking steps to delete internal warnings about suspicious prescribers.

"The Justice Department is using every tool at our disposal to confront the opioid epidemic that is killing Americans and shattering communities across the country," Attorney General Merrick Garland said in a statement. "That includes holding corporations, like Rite Aid, accountable for knowingly filling unlawful prescriptions for controlled substances."

Federal and local governments have filled numerous lawsuits against companies on allegations of fueling the opioid epidemic, which between 1999 and 2020 resulted in the deaths of more than 564,000 people, according to the U.S. Centers for Disease Control and Prevention.

Pharmaceutical companies, including retail pharmacies, such as CVS, Walgreens and Walmart, have reached multimillion and in such cases billion-dollar settlements with states that have filed thousands of lawsuits against them, with federal prosecutors filing their own. Late last year, the Justice Department sued AmerisourceBergen, one of the largest drug manufactures, on similar allegations to the case it brought Monday against Rite Aid.

In the Monday lawsuit, prosecutors accuse Rite Aid of filling the prescriptions from May 1, 2014, to June 10, 2019, despite obvious and often multiple red flags indicating misuse related to the prescriber, customer or a combination of both.

The prescriptions in question were either medically unnecessary, lacked a medically accepted indiction or were not issued in the usual manner, the document states.

While the pharmacists "ignored these red flags," the company knew that such prescriptions for controlled substances were "routinely and pervasively" filled, federal prosecutors said.

"While Rite Aid pharmacists were supposed to use a validation process for certain highly diverted controlled substances and to resolve red flags before dispensing, Rite Aid knew the validation process was a fig leaf," the complaint states

Rite Aid's Government Affairs Department is further alleged to have repeatedly directed employees to delete internal notes about suspicious prescribers logged in its dispensing software.

"Cash only pill mill???," "writing excessive dose[s] for oxycodone" and "DO NOT FILL CONTROLS" were among the examples of allegedly deleted notes included in the court document.

"Instead of ensuring this vital information was available to all Rite Aid pharmacists, a Government Affairs analyst admonished a Rite Aid pharmacist who added such a note 'to always be very cautious of what is put in writing,'" it continued.

Federal prosecutors state that despite knowing prescriptions for controlled substances were being filled for illegitimate medical purposes, Rite Aid "very rarely took action to stop the flow of opioids prescribed by that practitioner."

The federal government is specifically accusing the company with more than 2,200 pharmacies in 17 states of violating the Controlled Substances Act and the False Claims Act for submitting false or fraudulent claims for prescriptions to federal healthcare programs.

Prosecutors also filed the complaint in a whistleblower lawsuit brought against Rite Aide in 2019.

Rite Aid declined to comment on the litigation.

"The opioid crisis has exacted a heavy toll on communities across the United States. Today's complaint is an important reminder that the Justice Department will hold accountable any individuals or entities, including pharmacies, that fueled this terrible crisis," Principal Deputy Assistant Attorney General Brian Boynton said in a statement.

Chinook salmon fishing season canceled off coasts of Oregon, California

The recreational and commercial Chinook salmon fishing season has been canceled along the coasts of Oregon and California, through the middle of May, due to dwindling numbers of Chinook in the states' largest rivers. 
Photo courtesy by Michael Humling, courtesy of U.S. Fish & Wildlife Service


March 13 (UPI) -- The recreational and commercial salmon fishing season has been canceled along the coasts of Oregon and California, through the middle of May, due to dwindling numbers of Chinook salmon in the states' largest rivers following years of drought.

The National Oceanic and Atmospheric Administration Fisheries announced the in-season action to protect the Klamath River fall-run Chinook salmon and Sacramento River fall-run Chinook, which returned to California's Central Valley last year at "near-record low numbers."

Ocean salmon fishing will be banned, starting Friday, between Cape Falcon, Ore., and the U.S.-Mexico border until May 15. Sport fishing had been scheduled to open off the coast of California on April 1.

Beyond mid-May, the Pacific Fishery Management Council in Seattle issued three regulatory options through May 15, 2024. While each option considers quotas for Oregon and Washington, none would allow commercial or sport salmon fishing off California until April of 2024.

"California ocean recreational fisheries in all areas from the Oregon-California border to the U.S.-Mexico border are proposed to be closed in all three alternatives given the low abundance forecasts for both Klamath and Sacramento fall Chinook," the council announced Friday.

PFMC manages fisheries for approximately 119 species of salmon, groundfish and coastal pelagic species -- including sardines, anchovies and mackerel --- on the West Coast of the United States. The council also manages migratory species, such as tuna, shark and swordfish.

"The 2023 salmon season discussions have been dominated by the severely low forecasts for both the Klamath and Sacramento River fall Chinook stocks," said Pacific Fishery Management Council Executive Director Merrick Burden.

"The council will need to deliberate on the best path forward in setting 2023 seasons with considerations for economic implications to the coastal communities and the low abandons of key salmon stocks and the need to ensure future generations of healthy salmon returns," Burden added.

PFMC plans to hold a public hearing next week in Santa Rosa, Calif., on the three proposals. Final regulations will be adopted when the council meets next month.

"Meeting our conservation and management objectives continues to be the highest priority for the council," said Council Chair Marc Gorelnik

"Balancing those objectives while providing meaningful commercial and recreational seasons remains a challenge in 2023."
Anti-nausea drug used in pregnancies decades ago linked to colon cancer

By Cara Murez, HealthDay News

The drug, dicyclomine, was initially included in Bendectin, a drug prescribed during pregnancy starting in the 1960s to prevent nausea and vomiting.
 Photo by Pexels/Pixabay


The children of women who took a common anti-nausea drug for pregnancy in the 1960s and 1970s may be at higher risk of colon cancer, according to a new study.

The drug, dicyclomine, is used to treat spasms caused by irritable bowel syndrome. It was also initially included in Bendectin, a drug prescribed during pregnancy starting in the 1960s to prevent nausea and vomiting.

"Our findings suggest that events in the earliest periods of life -- including the womb -- can affect risk of cancer many decades later," said study first author Caitlin Murphy, an associate professor at University of Texas Health Science Center at Houston School of Public Health.

"As many as 25% of pregnant women received Bendectin through the mid-1970s, and there may be long-lasting consequences for offspring that continue today," Murphy said in a university news release.

RELATED High blood pressure during pregnancy linked to cognitive issues later

Incidence rates of colon cancer are increasing among adults born in and after the 1960s, according to the study. This suggests that pregnancy-related exposures introduced at that time may now be risk factors.

To study this, researchers analyzed data from Child Health and Development Studies, a multi-generational cohort that enrolled more than 14,500 pregnant women. These women gave birth to more than 18,700 babies in Oakland, Calif., between 1959 and 1967.

About 5% of those offspring, or a total of 1,014 children, were exposed to Bendectin while in the womb.

Incidence rates of colon cancer were about three times higher in those exposed to Bendectin than those not exposed.

Researchers suspect that dicyclomine may target the developing gastrointestinal tract of the fetus. Some studies suggest infants born to women who received Bendectin during pregnancy are more likely to have gastrointestinal birth defects, Murphy said.

The manufacturer of Bendectin removed dicyclomine from the drug's formula in 1976, after reports of birth defects and concerns in the wake of the thalidomide drug tragedy. In the late 1950s and early 1960s, many pregnant women were prescribed the drug thalidomide to ease morning sickness. More than 10,000 of their babies were born with severe deformities.

The findings were published recently in the journal JNCI Cancer Spectrum.

Experimental studies are needed to clarify these latest findings and identify mechanisms of risk with dicyclomine, Murphy said.

More information

The U.S. Centers for Disease Control and Prevention has more on medications in pregnancy.

Copyright © 2023 HealthDay. All rights reserved.

White House sets new drinking water standards targeting PFAS


Administrator of the Environmental Protection Agency Michael Regan addresses a gathering of state and local government officials at The White House on January 27. He announced new drinking water standards to identify PFAS chemicals on Tuesday. File Photo by Jemal Countess/UPI | License Photo

March 14 (UPI) -- The Biden administration announced new national drinking water standards that address polyfluoroalkyl substances, of PFAS, limiting their exposure in humans.

Officials said the proposed rule will allow federal and state officials the guidelines it needs to combat PFAS pollution. PFAS is a category of manufactured chemicals that can cause serious health problems, including cancer if people are exposed to them over a long period of time.

The proposed standard will allow the Environmental Protection Agency to test public water systems for six PFAS chemicals, called "forever chemicals" because they don't break down over time.

The agency will be required to notify the public if the levels of these PFAS exceed the proposed regulatory standards and take action to reduce the level of PFAS in the water supply.


"Communities across this country have suffered far too long from the ever-present threat of PFAS pollution," EPA Administrator Michael Regan said in a statement. "That's why President Biden launched a whole-of-government approach to aggressively confront these harmful chemicals, and EPA is leading the way forward.

Regan said the new PFAS standards will be based on the "best available science" and provide states with information to establish their own standards.


"This action has the potential to prevent tens of thousands of PFAS-related illnesses and marks a major step toward safeguarding all our communities from these dangerous contaminants," Regan said.



PFAS chemicals can be found in fertilizer that then seeps into drinking water, fire extinguisher foam, manufacturing or chemical production facilities, and a wide range of food packaging and personal care products.
CRIMINAL CAPITALI$M
'Fortnite' maker agrees to $245M in FTC fines over unwanted purchases

By Simon Druker

The U.S. Federal Trade Commission said Tuesday, it is finalizing a multimillion-dollar order against Epic Games, the maker of the popular video game "Fortnite."
Photo courtesy of Epic Games


March 14 (UPI) -- The U.S. Federal Trade Commission said Tuesday, it is finalizing a multimillion-dollar order against Epic Games, the maker of the popular video game "Fortnite," for tricking players into making unwanted purchases.

Epic agreed to pay $245 million in fines, the FTC said in its order.

The commission contends the North Carolina-based game maker used dark patterns to trick players into purchases. Children ended up getting billed for unauthorized charges without parental consent.

Once finalized, money from the settlement will go toward refunds to game players.


Tuesday's order is separate from a $275 million settlement Epic agreed to pay for violating children's privacy laws.

Both agreements were tentatively agreed to in December.

"Epic began and persisted engaging in these practices despite prior public law enforcement actions against Amazon, Apple and Google for failing to obtain parents' consent to charges in kids' gaming apps," the commission said in its order Tuesday.

The order prohibits Epic "from charging consumers through the use of dark patterns or from otherwise charging consumers without obtaining their affirmative consent."

"Fortnite" is free to download and play but offers numerous in-game upgrades for a fee. The content is known as "skins."

The company is also unable to block gamers' accounts if they dispute unauthorized charges.

Consumers can apply for refunds through the FTC's website.

Employees raised concerns internally as far back as 2017, but those were ignored by management, according to court documents.

Despite complaints, the company did not begin age verification for in-game paid purchases until 2019.

"Protecting the public, and especially children, from online privacy invasions and dark patterns is a top priority for the commission, and these enforcement actions make clear to businesses that the FTC is cracking down on these unlawful practices," FTC Chairwoman Lina Khan said in a statement in December.
Tyson Foods to close two chicken plants, affecting hundreds in Virginia, Arkansas

By Patrick Hilsman

Tyson Foods has announced the company will shut down two chicken plants in May as a cost-saving measure. File photo by Shawn Thew/EPA-EFE

March 14 (UPI) -- Tyson Foods has announced that it will be closing two chicken plants because of a drastic drop in sales over the past year.

The plants in Glen Allen, Va., and Van Buren, Ark., will be shut down in May, affecting the 1,661 employees who work at the two facilities.

In a statement to CNBC, Tyson said "while the decision was not easy, it reflects our broader strategy to strengthen our poultry business by optimizing operations and utilizing full available capacity at each plant."

The company says it will help transfer some of the affected employees to other plants.

In October, Tyson announced that it would relocate approximately 1,000 of its corporate staff in Illinois and South Dakota to Arkansas.

The company says inefficiencies in how it manages plants has been largely responsible for recent significant drops in operating income and profits.

The food and beverage industry has faced major layoffs in the past year, with PepsiCo, Impossible Foods, and Beyond Meat restructuring their work forces.