Instagram rolls back terms of service after ownership dustup

In the wake of user backlash over image ownership, Instagram announced today that it would revert its terms of service back to the version that has been in place since the service launched two years ago.

The Facebook-owned app ignited a storm of protest with the announcement earlier this week that it was claiming perpetual rights to sell users' photographs without notifying or compensating the photographer. Under the new policy, Facebook claimed the perpetual right to license all public Instagram photos to companies or any other organization, including for advertising purposes, effectively transforming the Web site into the world's largest stock photo agency.

Since the publication of the updates, "it became clear that we failed to fulfill what I consider one of our most important responsibilities -- to communicate our intentions clearly," Instagram founder and CEO Kevin Systrom wrote in a company blog post. "I am sorry for that, and I am focused on making it right."

"Going forward, rather than obtain permission from you to introduce possible advertising products we have not yet developed, we are going to take the time to complete our plans, and then come back to our users and explain how we would like for our advertising business to work," he said.

Systrom also denied that the company ever intended to sell users' images.

"I want to be really clear: Instagram has no intention of selling your photos, and we never did. We don't own your photos -- you do," he said.

The changes come a day after the app maker apologized to its users, saying it would "remove" language from its legal terms that would have let it sell users' photos or use them in advertisements. Systrom said it's "our mistake that this language is confusing" and that the company is "working on updated language."

more to come ...

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Hollies Get Prickly for a Reason

With shiny evergreen leaves and bright red berries, holly trees are a naturally festive decoration seen throughout the Christmas season.

They're famously sharp. But not all holly leaves are prickly, even on the same tree. And scientists now think they know how the plants are able to make sharper leaves, seemingly at will. (Watch a video about how Christmas trees are made.)

A new study published in the Botanical Journal of the Linnean Society suggests leaf variations on a single tree are the combined result of animals browsing on them and the trees' swift molecular response to that sort of environmental pressure.

Carlos Herrera of the National Research Council of Spain led the study in southeastern Spain. He and his team investigated the European holly tree, Ilex aquifolium. Hollies, like other plants, can make different types of leaves at the same time. This is called heterophylly. Out of the 40 holly trees they studied, 39 trees displayed different kinds of leaves, both prickly and smooth.

Five holly leaves from the same tree.

Photographs by Emmanuel Lattes, Alamy

Some trees looked like they had been browsed upon by wild goats and deer. On those trees, the lower 8 feet (2.5 meters) had more prickly leaves, while higher up the leaves tended to be smooth. Scientists wanted to figure out how the holly trees could make the change in leaf shape so quickly.

All of the leaves on a tree are genetic twins and share exactly the same DNA sequence. By looking in the DNA for traces of a chemical process called methylation, which modifies DNA but doesn't alter the organism's genetic sequence, the team could determine whether leaf variation was a response to environmental or genetic changes. They found a relationship between recent browsing by animals, the growth of prickly leaves, and methylation.

"In holly, what we found is that the DNA of prickly leaves was significantly less methylated than prickless leaves, and from this we inferred that methylation changes are ultimately responsible for leaf shape changes," Herrera said. "The novelty of our study is that we show that these well-known changes in leaf type are associated with differences in DNA methylation patterns, that is, epigenetic changes that do not depend on variation in the sequence of DNA."

"Heterophylly is an obvious feature of a well-known species, and this has been ascribed to browsing. However, until now, no one has been able to come up with a mechanism for how this occurs," said Mike Fay, chief editor of the Botanical Journal of the Linnean Society and head of genetics at the Kew Royal Botanic Gardens. "With this new study, we are now one major step forward towards understanding how."

Epigenetic changes take place independently of variation in the genetic DNA sequence. (Read more about epigenetics in National Geographic magazine's "A Thing or Two About Twins.")

"This has clear and important implications for plant conservation," Herrera said. In natural populations that have their genetic variation depleted by habitat loss, the ability to respond quickly, without waiting for slower DNA changes, could help organisms survive accelerated environmental change. The plants' adaptability, he says, is an "optimistic note" amidst so many conservation concerns. (Related: "Wild Holly, Mistletoe, Spread With Warmer Winters.")

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Obama, Boehner Not Far Apart on 'Cliff'? Not Really

Dec 20, 2012 5:09pm

Carolyn Kaster/AP Photo; Pablo Martinez Monsivais/AP Photo

There are some in Washington and around Capitol Hill who keep saying that House Speaker John Boehner and President Obama really aren’t that far apart on the “fiscal cliff” and there will be a deal despite Boehner’s proposal to hold a vote on his “Plan B.”

Let’s deconstruct the two parts of that thinking.

Boehner and Obama really aren’t that far apart?

Not really.

The differences are more significant than just tax rates.  Republicans say the Democratic offer is really $800 billion in spending cuts and $1.3 trillion in tax increases.  That is because the inflation adjustment applies to tax rates* as well as Social Security — resulting in less than $100 billion in added tax revenues.

Democrats count that as a spending cut.  Republicans say that is a tax hike.  So the real difference, from their perspective, is $450 billion.  The $400,000 vs. $1 million threshold for tax rates hikes is just one part of this.  Republicans want more spending cuts and fewer tax increases.

Related: Read More About the Fiscal Cliff

Obama and Senate Democrats are fond of saying they are this close (fingers close together).  They say Boehner should just accept the president’s offer.

But, as I asked Senate Majority Leader Harry Reid, D-Nev., earlier today: If you are this close why not just accept Boehner’s offer?  He dodged, saying that Boehner’s offer wasn’t really an offer and likened him to Lucy and the football — you’ll recall the routine in which the “Peanuts” character would pull away the ball at the last second and leave Charlie Brown kicking at nothing but air.

Both sides like to talk about Lucy and the football, but that is another story.  Will there be a deal?

They should be able to do a deal.  I know where the deal should be.  So do you.  But, really, they aren’t quite as close as the nifty charts like this one from the Washington Post suggest. And this is about much more than the $400,000 tax-rate threshold.

*By lowering the government’s calculation for inflation, the income level for the top rates would rise at a slower rate, putting more and more people into the top rates.

SHOWS: World News

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Human hands evolved so we could punch each other

Forget toolmaking, think fisticuffs. Did evolution shape our hands not for dexterity but to form fists so we could punch other people? That idea emerges from a new study, although it runs counter to conventional wisdom.

About the same time as we stopped hanging from trees and started walking upright, our hands become short and square, with opposable thumbs. These anatomical changes are thought to have evolved for tool manipulation, but David Carrier at the University of Utah in Salt Lake City has an alternative explanation.

He says there are several possible hand shapes that would have allowed greater dexterity, making it less clear why we ended up with the hands we have. But only one hand shape lets us make a fist with a thumb as buttress.

Among primates' hands, ours is unique for its ability to form a fist with the thumb outside the fingers. The fingers of other primates' hands are too long to curl into their palms, and their thumbs are too short to reach across the fingers. So when apes fight, they are far more likely to wrestle or hold their opponent down while others stomp on him, says Carrier.

To test the importance of fists, Carrier and his colleagues recruited 10 athletes and measured how hard they could hit a punching bag using a normal fist, a fist with the thumb stuck out, and with an open palm.

The athletes could generate more than twice the force with a normal fist as with the thumb-stuck-out fist, because of thumb's buttressing role. There was no difference in the force they could generate with a normal fist and with an open palm, but Carrier says it's possible that a fist concentrates the force into a smaller area and so does more damage.

Cause or effect?

Mary Marzke of Arizona State University in Tempe says the study is interesting, but it far from proves that the ability to make a strong fist was the main driver behind the evolution of our hands' shape. It is more likely that it was a useful side effect of a whole suite of modifications.

She points out that apes strike with the heel of their hand when knocking fruit out of trees. Carrier's study didn't assess the force that the heel of the hand generates, but if it turns out to be as good as a fist, it becomes less clear that our hands evolved so as to be perfect for fist-making, Marzke says.

But if the hypothesis is true, Carrier thinks it could explain another mystery. It has long been unclear why high levels of testosterone cause men's ring fingers to be longer than their index fingers. He says the finger-length ratio makes sense if it generates a better fist. This would make dominant males even better fighters.

Journal reference: Journal of Experimental Biology, doi:10.1242/jeb.075713

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US dollar strengthens against yen in nervous trade

NEW YORK: The US dollar strengthened against the yen and slipped slightly against the euro on Wednesday in nervous trade as talks over how to avert the US 'fiscal cliff' dragged on.

The dollar rose against the yen, reaching 84.39 yen towards 2300 GMT, down slightly from 84.62 earlier in the day - its highest level in 20 months. Late Tuesday, it finished at 84.19.

The euro stood at $1.3226 towards 2300 GMT, compared to $1.3225 late Tuesday. Earlier, it had reached its highest level in eight and a half months at $1.3308.

Boris Schlossberg of BK Asset Management said investors were disappointed by the lack of movement in protracted talks between US President Barack Obama and Republicans on a long-term deficit deal to avert the "fiscal cliff" crisis of sweeping tax hikes and spending cuts.

The euro was up against the Japanese currency at 111.59 yen, after reaching its highest level in 16 months - 112.50 yen - in earlier trade. Late Tuesday, it stood at 111.35 yen.

Japan's incoming prime minister Shinzo Abe, whose Liberal Democratic Party swept to an electoral victory in elections on Sunday, has vowed to step up pressure on the central bank for more aggressive action to boost the economy.

The hawkish LDP head wants the bank to set a two percent inflation target as part of a goal to drag Japan out of the deflationary spiral that has haunted it for years.

In other currencies, the dollar rose to 0.9133 Swiss francs, while the pound slipped to $1.6245.

- AFP/de

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Google sells Motorola Home set-top biz to Arris for $2.3B

Google has sold the Motorola Home set-top business -- which it inherited as part of its $12.5 billion acquisition of Motorola Mobility earlier this year -- to the Arris Group, for $2.35 billion in cash and stock.

Under the terms of the deal, Google will receive $2.05 billion in cash and $300 million in newly issued stock, giving it a 15.7 percent ownership stake in Arris upon the deal's closure. Arris will also gain access to a collection of Motorola Mobility patents.

The broadband technology provider is expected to use the acquisition to enhance the networking equipment it offers to cable providers.

"The industry faces its biggest technology transformation, and together Arris and Motorola will be able to accelerate related innovations such as the introduction of the IP Connected Home environments that service providers need and that their consumers crave," Dennis Woodside, CEO of Motorola Mobility, said in a statement.

The Web giant has apparently been shopping the business for several months and had reportedly hired Barclays to fetch a price of $2 billion for the unit, which makes set-top boxes used by cable providers to deliver video -- a business that offers solid cash but little growth.

While Motorola's
Android smartphones fit into Google's strategy, the set-top box business wasn't an area in which the company was eager to invest too many resources, especially since it didn't appear to offer much to the Web giant's Google TV initiative.

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Detecting Rabid Bats Before They Bite

A picture is worth a thousand words—or in the case of bats, a rabies diagnosis. A new study reveals that rabid bats have cooler faces compared to uninfected colony-mates. And researchers are hopeful that thermal scans of bat faces could improve rabies surveillance in wild colonies, preventing outbreaks that introduce infections into other animals—including humans.

Bats are a major reservoir for the rabies virus, according to the Centers for Disease Control and Prevention (CDC) in Atlanta. Previous research shows that bats can transmit their strains to other animals, potentially putting people at risk. (Popular Videos: Bats share the screen with creepy co-stars.)

Rabies, typically transmitted in saliva, targets the brain and is almost always fatal in animals and people if left untreated. No current tests detect rabies in live animals—only brain tissue analysis is accurate.

Searching for a way to detect the virus in bats before the animals died, rabies specialist James Ellison and his colleagues at the CDC turned to a captive colony of big brown bats (Eptesicus fuscus). Previous studies had found temperature increases in the noses of rabid raccoons, so the team expected to see similar results with bats.

Researchers established normal temperature ranges for E. fuscus—the bat species most commonly sent for rabies testing—then injected 24 individuals with the virus. The 21-day study monitored facial temperatures with infrared cameras, and 13 of the 21 bats that developed rabies showed temperature drops of more than 4ºC.

"I was surprised to find the bats' faces were cooler because rabies causes inflammation—and that creates heat," said Ellison. "No one has done this before with bats," he added, and so researchers aren't sure what's causing the temperature changes they've discovered in the mammals. (Related: "Bats Have Superfast Muscles—A Mammal First.")

Although thermal scans didn't catch every instance of rabies in the colony, this method may be a way to detect the virus in bats before symptoms appear. The team plans to fine-tune their measurements of facial temperatures, and then Ellison hopes to try surveillance in the field.

This study was published online November 9 in Zoonoses and Public Health.

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Scammers Could Profit Off Sandy Hook Tragedy

Scammers may be looking to cash in on the public's generosity following the Sandy Hook massacre, the Better Business Bureau warned.

"It is a challenge to be on guard because public sympathy and emotions are running high," said Bennett Weiner, chief operating officer of the BBB Wise Giving Alliance, a group that helps charitable donors make informed decisions.

Weiner said it's difficult for scams to be detected in the first week following every national tragedy, however he suspects unscrupulous people are already out there, eager to cash in on the massacre.

How to Help Newtown Families

False websites or phone calls soliciting help for the victims' families are two of the easiest and most common scams Weiner said he sees.

"They're hard to identify because people don't know they've been taken and they're not going to know until down the road," he said.

Jahi Chikwendiu/The Washington Post/Getty Images

Newtown Children Return to School After Sandy Hook Massacre Watch Video

Sandy Hook Elementary School Shooting: Victims Laid to Rest Watch Video

Connecticut School Shooting: Children Among Multiple Fatalities Watch Video

After the Sandy Hook massacre, countless Facebook pages for the victims, listings on crowdfunding sites and community drives have been established to solicit donations.

Timeline: Tragedy At Sandy Hook

While many of them may be legitimate, Weiner warns people to do their research.

"You really have to be watching out for newly created things. There may be some well-intended effort, but you have no way to look at their track record," he said. "I can tell you from experience there are some cautions associated with it."

Any fundraising effort that makes vague statements, such as "we're going to help the victims and families," is another red flag to watch out for, Weiner said.

Whether it's fundraising for the Aurora theater victims or a local terminally ill child, Weiner said the BBB sees these kinds of scams "time and time again" and actively investigates them.

"It is a challenge to be on guard after a tragedy," he said. "But you shouldn't give to any organization without checking them out first."

Click Here for the Blotter Homepage.

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Today on New Scientist: 18 December 2012

Violent polar storms help control the world's weather

Without the mini-hurricanes which form over the Arctic, the world could face massive weather disruption

Ancient city of Troy rebranded itself after war

Changing styles of pottery 3200 years ago show the Trojans were quick to align themselves with the region's new political power

Court ruling will clarify end-of-life decisions

Canada's supreme court will soon rule on whether doctors can stop treatment for "unconscious" patients, but determining awareness remains a thorny issue

Colourful claw of tiny ocean predator

See a prizewinning photo of the claw of a Phronima: a tiny marine predator whose size belies its ferocity

Gaming chair mimics a full-motion simulator

If you can't afford a full-motion flight or car simulator, here's a cheap way of creating some of the same effects

How an ancient Egyptian code unmasked a cannibal star

Has a papyrus from the time of the pharaohs exposed the ghoulish habits of the baleful Demon Star? Stephen Battersby investigates

Best videos of 2012: Bonobo genius makes stone tools

Watch a creative bonobo fashion tools to retrieve hidden food, at number 9 in our countdown of the year's best videos

Is the obesity epidemic caused by too much sugar?

In Fat Chance, endocrinologist Robert Lustig argues that insidious changes to our eating habits have caused disruptions to our endocrine systems

'The idea we live in a simulation isn't science fiction'

If the universe is just a Matrix-like simulation, how could we ever know? Physicist Silas Beane thinks he has the answer

Fungal frog killer hops into crayfish

Crayfish are vulnerable to the same chytrid fungus already killing frogs all over the world. The discovery provides a clue to how the disease spreads

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Japan's November trade deficit widens 37.9% on-year

TOKYO: Japan's trade deficit in November expanded 37.9 per cent on-year to $11.3 billion, a record for the month, official data showed Wednesday.

The trade shortfall came to 953.4 billion yen, marking the fifth straight month of deficit as it widened from a year-earlier deficit of 691.2 billion yen. Exports fell 4.1 per cent while imports edged up 0.8 per cent.

- AFP/fa

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