Foes try again to block Google deal over books

Google Inc.’s bid to secure the digital rights to millions of books remains under attack from rivals and other critics trying to block a revised legal settlement that would unlock a vast electronic library.

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The opposition fired its latest salvo Thursday, the deadline for filing objections with U.S. District Judge Denny Chin in New York.

The critics contend that Google’s $125 million settlement of a class-action lawsuit with U.S. publishers and authors would thwart competition and drive up prices in the budding electronic book market.

Google argues that the agreement will benefit society by making it easier to see and potentially buy hard-to-find books that have been available in print in only a handful of libraries.

The Mountain View company has made digital copies of more than 12 million books during the past five years, but can’t display most of them until copyright issues are resolved.

Chin has scheduled a Feb. 18 hearing to consider whether he will grant final approval to the complex settlement that was first worked out 15 months ago.

This article appeared on page D – 2 of the San Francisco Chronicle

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This point appeared on page D – 3 of the San Francisco Chronicle

NBC ending Leno’s nightly prime-time show

(01-10) 15:56 PST PASADENA, California (AP) –

NBC afore~ Sunday it decided to pull the plug on the Jay Leno assay when some affiliate stations considered dropping the nightly prime-time usher, and the network is waiting to hear if Leno and “Tonight” vast assemblage Conan O’Brien accept its new late-night TV plans.

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“The Jay Leno Show,” which airs at 10 p.m. EST, will end with the Feb. 12 start of the Winter Olympics, said NBC Universal Television Entertainment Chairman Jeff Gaspin. Leno would return to his former 11:35 p.m. slot after the Olympics ended when exposed to the network’s new plan, which also calls for O’Brien to retain his job with “Tonight” but at the later hour of 12:05 a.m. EST.

Jimmy Fallon and his “Late Night” would have ~ing pushed a half-hour later as well, to 1:05 a.m. EST.

“My goal is to maintain Jay, Conan and Jimmy as our late-night lineup,” Gaspin related, adding later that they “have the weekend to think about it” and discussions through them will resume Monday.

NBC had moved Leno to prime-time in conclusion year in order to keep him from leaving the company and remain a promise it had made to give O’Brien the “Tonight” semblance. The change was one of the most dramatic in prime-time television in a offspring. It was also a roll of the dice at a time NBC was poverty in prime-time. It didn’t even last six months.

Gaspin before-mentioned the new proposal gives Leno what’s important to him — powerful jokes at a later hour — and O’Brien his acme priority, retaining “Tonight.”

“I hope and expect that before the Olympics take rise, we’ll have everything set. I can’t imagine we won’t obtain everything in place before then,” Gaspin told a meeting of the Television Critics Association.

Gaspin before-mentioned that despite lower ratings for NBC at 10 p.m. compared to be unconsumed year, the network was making money off the show.

But affiliates were upset that it was capital fewer viewers into their late news programs, costing them significant advertising reward. Some affiliates told NBC in December they would go public quickly about their complaints if a change wasn’t made, or verily take Leno’s show off the air.

Gaspin said about one-third of the affiliates were really hurt by the Leno make clear, although he wasn’t clear on how many said they potency pre-empt his show.

“I asked them (the affiliates) how sundry are they talking about, because I could have lived with individual or two. But I got the sense that it was additional than one or two,” he said.

Michael Fiorile, chairman of the NBC Affiliate Board, reported it was a great move for NBC stations, the networks and viewers.

“We be astonished their willingness to innovate, and their willingness to change course then it didn’t work for us,” Fiorile said.

Gaspin said he pondered combinations of possible schedule changes before the holidays and then called his boss, NBC Universal Chairman Jeff Zucker, with regard to approval to act.

“I don’t want to wait anymore. Now is the time,” Gaspin recounted telling Zucker.

Both Leno and O’Brien made comedic hay out of the egress last week. Leno joked in his monologue that NBC was acting on a solution in which all parties would be treated unfairly, space of time O’Brien wisecracked that he and Leno would be thrown by the network into a pit to fight and “the one that crawls to the end gets to leave NBC.”

Gaspin said he’s “perfectly fine” through their on-air remarks “if that’s how they blow not upon steam and that’s how they’re comfortable.”

NBC’s “Saturday Night Live” and its “Weekend Update” through Seth Meyers also got into the act.

“It was reported Thursday that in the vigil of poor ratings for `The Jay Leno Show,’ NBC will stir up his show back to the 11:35 time slot, and hereafter start Conan O’Brien’s `Tonight Show’ at midnight — allowing it’s a little weird to start the `Tonight Show’ at a time when it’s no longer tonight,” Meyers said Saturday.

Asked if O’Brien and Fallon expressed spleen at his proposal, Gaspin said both men were professional and mind when they talked. “Beyond that, it was a private conversation,” Gaspin uttered.

O’Brien reportedly has a contract that guarantees him a multimillion-dollar settlement if “Tonight” is moved later than 12:05 a.m. EST.

But Gaspin, asked granting that a contractual penalty weighed into the decision to bump O’Brien’s indicate a half-hour rather than a full hour, replied, “No, not at completely.”

As for reports that Fox may be considering courting O’Brien instead of a late-night program, Gaspin repeated his desire to keep him, Leno and Fallon at NBC.

The determination to shift Leno will leave a gaping hole in NBC’s perfection-time schedule, at a time the network is already struggling. A unite with of reality programming, “Dateline NBC” and at least two hours of scripted shows will be added to fill in the five hours taken up ~ means of Leno’s prime-time show each week.

Looking ahead to the 2010-11 accustom, NBC announced seven drama pilots under development, including an updated interpretation of “The Rockford Files” from “House” executive producer David Shore; “Undercovers,” a spend frugally-wife spy drama from producer J.J. Abrams (“Lost”) and “Prime Suspect,” based attached the BBC series about a female detective.

The network’s ponderous development slate is a reversal of its most recent approach of attempting to get series without pilots.

___

AP Television Writer David Bauder contributed to this relate.

Day laborer identified as S.F. homicide victim

(01-07) 16:41 PST SAN FRANCISCO — A San Francisco man fatally shot Sunday was a 19-year-old day laborer who died as he tried to make his way home, police said Thursday.

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Jose Luis Hernandez-Gomez was found at 2:34 a.m. in front of 500 Naples St. in the city’s Excelsior district. Police believe he was shot about a block away and managed to stagger to one door from the home on Naples where he rented a room.

Police have no witnesses to the shooting, and no arrests have been made.

Investigators said Hernandez-Gomez had a work permit that assisted in identifying him. He had no criminal record.

Hernandez-Gomez had been in the city about four months and came from Mexico.

“We do not know the motive yet – it might have been a robbery, it might have been random, it might have been in retaliation for something else that was happening in the Excelsior,” said Inspector Kevin Jones of the homicide detail.

Police recovered Hernandez-Gomez’s cell phone, but they have not been able to learn much about him. He was the city’s first homicide victim of 2010.

E-mail Jaxon Van Derbeken at jvanderbeken@sfchronicle.com.

Hilton San Francisco is target of union boycott

Unionized hotel workers began a boycott of the Hilton San Francisco Tuesday with an 800-person march and a 160-person sit-in blocking the hotel lobby, which resulted in dozens of arrests, including AFL-CIO President Richard Trumka.

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Members of the public-house workers union Local 2 have staged a series of walkouts and boycotts because their contract expired in August. The union has sought to keep in possession health care coverage with low co-payments, while management has insisted that the San Francisco workers pay else of the ever-rising costs.

Management representatives have said the boycotts and disruptions give pain to San Francisco’s tourist industry. Union officials say profitable corporate tavern chains can afford to maintain the benefits.

- Tom Abate, tabate@sfchronicle.com

This thing appeared on page D – 1 of the San Francisco Chronicle

Minnesota song-sharing case heads for 3rd trial

(01-28) 08:00 PST MINNEAPOLIS (AP) –

A trade group representing the major music labels said Wednesday it will reject a reduced penalty for a central Minnesota woman found guilty of sharing 24 songs over the Internet, and will instead begin preparing for another trial to determine new damages.

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The Recording Industry Association of America made the decision after attorneys for Jammie Thomas-Rasset rejected an offer from RIAA attorneys to settle. It will be the third time the case, which dates back to 2006, will see trial in a federal courtroom in Minnesota.

Last year, a federal jury ruled Thomas-Rasset, a mother of four from Brainerd, willfully violated the copyrights on 24 songs. She was ordered to pay $1.92 million in damages, or $80,000 per song. Last week, Chief U.S. District Judge Michael Davis reduced the verdict to about $54,000 in damages, calling the jury’s penalty “monstrous and shocking.”

The RIAA has until Feb. 8 to either accept or reject the reduced penalty. The group said Wednesday it would do the latter, meaning a new trial will be scheduled to determine damages.

In a letter to Thomas-Rasset’s attorneys, lawyers for the RIAA noted they would consider accepting an amount less than the jury’s $1.92 million award, but “we believe portions of the Court’s analysis are inconsistent with Congressional intent and the law.”

The letter also offered a different option: a settlement of $25,000, which would go to a charity for struggling musicians.

Joe Sibley, an attorney for Thomas-Rasset, said his client would not settle.

“Jammie is not going to agree to pay any amount of money to them,” Sibley said, adding that it doesn’t matter to Thomas-Rasset whether the damages are $25,000 or $1.92 million.

“For her, it’s all the same. She just doesn’t have the money to pay any of those, and it would be financially ruinous,” Sibley said.

Sibley said Thomas-Rasset would continue fighting on principle, saying the statutes that allow for such hefty damages in these types of cases are wrong. Once damages are finalized, he said, he intends to take the constitutionality of the damages to the appellate level.

The RIAA letter said that while a third trial is not in anyone’s best interest, the group pursued the case to show Thomas-Rasset was responsible for copyright infringements and that serious damage was caused. The letter also said the RIAA wanted to deter Thomas-Rasset and others from sharing songs in the future.

“It is a shame that Ms. Thomas-Rasset continues to deny any responsibility for her actions rather than accept a reasonable settlement offer and put this case behind her,” said RIAA spokeswoman Cara Duckworth.

The RIAA had offered to settle with Thomas-Rasset before, for $3,000 to $5,000. Last June’s judgment came after Thomas-Rasset’s second trial. In 2007, a different federal jury had called for a $222,000 penalty, but Davis ordered a new trial after deciding he had erred in giving jury instructions.

The vast majority of people targeted by music industry lawsuits have settled for about $3,500 each. The recording industry has said it stopped filing such lawsuits and is instead working with Internet service providers to fight the worst offenders.

Federal law says recording companies are entitled to $750 to $30,000 per illegally downloaded song — but a jury may raise that to as much as $150,000 per track if it finds the infringements were willful.

Williams-Sonoma CEO exits on higher note

At united point, in October 2008, things were so bad for Williams-Sonoma Inc. Chairman and CEO Howard Lester that he had to vend off $13 million of his company’s shares to cover a verge call.

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Things weren’t plenteous better for San Francisco’s purveyor of cookware and home furnishings. With profits, sales and trunk price in the toilet, the company was forced to sell opposite to its company jet, Lester’s chief mode of air transportation.

Lester, who announced his loneliness Tuesday, leaves the company in far better shape than those secrecy days. Profits have bounced back; sales for 2009, aided by a 7.4 percent augment in holiday trade over last year, are projected to total $1.8 billion, and its stipe price has more than doubled.

But it has not been outside of pain. “First and foremost, they’ve needed to cut expenses, to master their operational cost right-sized,” said Helen Bulwik, executive partner at Bedrock Dissero, a sell in small quantities management firm in Oakland. Cuts include an 18 percent reduction in its 39,000 U.S. workforce final year, 1,400 layoffs reported this month, shutting down or consolidating warehouses and invitation centers, and the recent axing of an operations department in San Francisco. There are rumors, from interior the company, of more shutdowns and relocations, including one from the Bay Area to Memphis.

Incoming CEO Laura Alber, the steadfast’s current president, declined an interview request Wednesday, citing a “fevered schedule.” “She will have more to say but feels the appropriate timing is one time she has fully transitioned, which isn’t until summer time,” declared a company spokeswoman.

Much of Williams-Sonoma’s recovery is adhering to a significant uptick in sales at its more “value”-priced (i.e. degrade-priced) Pottery Barn home furnishing stores, which Alber is known to be seized of championed.

While that may be a path the company pursues more distant in these tight-fisted times, Bulwik sees a reversal of wealth for the company’s namesake high-end kitchenware.

“Last year, in like manner the affluent customer stopped buying,” said Bulwik. “Now, as they reassess to what they’re at, they’re finding things maybe don’t direct the eye as bad as they seemed. They’re realizing they’re OK. So, they’ll subsist back.”

Lester, 74, officially leaves his post in May, with high-minded stock and cash payouts in hand, and a consulting gig by the company through December 2012, at an annualized salary of $500,000. One else perk: Lifetime discounts at the more than 600 stores he built up from the pattern four when he took over the company from Chuck Williams 31 years since.

Coming attractions: On the value retail front, Trader Joe’s has signed a lease on the long-vacant Tower Records site in San Francisco’s Castro propinquity, leading to reports the Southern California chain may open there in a year.

No proof from the company, reflecting understandable caution, given the only-in-San Francisco hoops quiet to be jumped through (read, Planning Commission, ornery neighbors, anti-fetter store fever).

Still, local sentiment appears to be running strongly in make easier of Trader Joe’s, as opposed to the Sturm und Drang that demolished its try five years ago to open in the Castro.

Meanwhile, the Minneapolis firm confirmed the opening of its first Berkeley store, on University Avenue, later this year. Target Corp., in another development, is set to open two new stores in Oakland and San Jose in 2011, according to limited officials. No comment on these, but an executive with Burlingame realty firm Terranomics told the Contra Costa Times that Target has “a small in number more things in the pipeline” in the Bay Area for 2011.

iBuy?: $499. I could have ~ing seriously tempted, even if it isn’t clear what mission-decisive need Apple Inc.’s iPad would fill.

One other question: If, according to Steve Jobs, the iPad is “so much more intimate than a laptop” (e.g. a MacBook?), and “likewise much more capable than a smart phone” (including the iPhone?), that which does that say about products his company is still selling, and earning it a double-dyed opulence?

Blogging at sfgate.com.columns/bottomline. Tweeting at @andrewsross. E-mail bottomline@sfchronicle.com.

This article appeared on page D – 1 of the San Francisco Chronicle

Myriad ideas to fill void of empty lots

The Newsom administration is drafting legislation to encourage San Francisco developers to occupy empty lots on a short-term basis with such initiatives as tree farms or public art.

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What’s being called a “green development agreement” would offer a trade-off. Landowners with approved projects stalled by the real estate slump could lock in their right to build if the land is used in ways that offer visual, environmental or cultural benefits until construction begins.

“The goal is simply to say, ‘This is your ensured development, and in return we want a good public use,’ ” said Michael Yarne, an adviser to Mayor Gavin Newsom. “We want to create a standardized process to transform empty lots into spaces that are productive and beautiful.”

The effort began after a 2009 Chronicle series on lots that are left to languish during economic slumps. The problem is especially vivid south of Market Street, where large sites were cleared for towers that now are on hold because of economic uncertainty.

At present, entitlements for many large projects must be renewed each year. While extensions are granted routinely, the sites sit bare and often attract graffiti and trash.

Garden taking root

There is also a lag along Octavia Boulevard, where plans call for housing on city-owned lots. However, the developers selected in a competition have not been able to nail down construction loans.

Neighbors still want housing – in the meantime, the city has arranged for short-term use of several sites. The most visible for now is on the narrow block between Oak and Page streets, where work has begun on a garden that will be tended in part by clients of the city’s Project Homeless Connect.

The green development agreements would require the blessing of the Planning Commission and the Board of Supervisors. The mayor’s office plans to submit the proposed legislation next month.

The concept may be tested at the corner of Harrison and Fremont streets, where a 41-story tower is approved for the acre-plus sloped lot that greets drivers exiting the Bay Bridge.

Portable trees

The developer is readying a proposal in which the site would be used to grow street trees in containers in return for extended rights. There also might be extensive plantings of a strain of miscanthus that grows 13 feet tall. The grass pulls carbon from the air and can be used to produce biofuel.

“We’re open to the idea, willing and excited,” said Doug Wildman of Friends of the Urban Forest, which has talked with the owner, Fifield, about managing the “farm” and using it for educational purposes. By raising trees in the city where they’ll be planted, he added, “they get acclimated much more easily.”

Also involved at 399 Fremont is Rebar Group, a self-described collective of “artists and activists and designers.”

Rebar has prepared a set of potential interim uses that might satisfy the city’s green development agreement.

The group envisions activities that “represent a significant improvement over existing vacant/unimproved site conditions.” Among the options are using the land temporarily for urban farming or landscapes that create habitat for birds and insects.

Another idea is to create spaces for neighborhood festivals or gatherings. Similarly, art could be installed for set periods of time. Planter boxes and performance stages could be moved to another site once construction begins.

Keeping it simple

Supporters of interim uses sound a note of caution: Setting expectations too high or making the process too elaborate could backfire.

“The more difficult you get, the more resistance from developers there will be,” said Kathrin Moore, a member of the Planning Commission. “We need ease of implementation, and something that harmonizes with the neighborhood.”

Moore sees it in builder self-interest to prevent blight from getting a toehold in neighborhoods such as Rincon Hill, where the city has put plans in place that encourage new projects.

“We can’t afford to have a neighborhood defined by vacant lots and chain-link fences” when developers are seeking loans to start construction, Moore said. “Developers need to realize they’re going to improve each other’s negotiating position.”

Other cities have pursued similar efforts.

One ambitious example is in New York City, where a development site is being managed by the Lower Manhattan Cultural Council. Dubbed LentSpace, it includes sculptures, benches and planters that hold trees destined to line nearby streets.

“At the end of the day, there’s no lack of ideas being batted around for these sites,” said John Bela of Rebar. “The problem is, how do you implement them?”

Reviving vacant lots

– Find previous articles about empty lots and how they might be revived at sfgate.com/ZIBD.

E-mail John King at jking@sfchronicle.com.

This article appeared on page A – 1 of the San Francisco Chronicle

Witness testifies she saw defendant on TV show

The prosecution’s star witness in a San Francisco murder case testified Thursday that she was shocked to see the man she identified as the killer appearing on a VH1 reality TV show just months after the slaying.

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The witness, who The Chronicle is not naming at the request of police and prosecutors, recounted that on the night of July 23, 2007, she heard a commotion and peered out to see Jamal Trulove, 29, get elbowed by her neighbor and distant relative, Seu Kuka, who was chasing a third man. Trulove then ran after Kuka and gunned the 28-year-old from behind, she testified.

The mother of two is the prosecution’s only eyewitness to the killing, even though she testified that two dozen people were standing outside that night. She is under witness protection.

After the killing, Trulove remained free more than a year as police said they couldn’t find him. He appeared in a television broadcast in October 2007 of the VH1 reality show “I Love New York 2″ in which contestants vied for the affections of Tiffany “New York” Pollard. In the show, taped before the slaying, Trulove was booted after he clashed verbally with a fellow suitor in the first episode.

The witness tentatively identified Trulove as the killer from photos two days after the killing.

She said she was dumbfounded to see him appear on the reality show, where he used the name of “Milliown”

Under cross-examination by defense attorney Christopher Shea, the witness acknowledged she equivocated when she initially picked him out of the photos. She explained to the jury that she hedged her identification out of fear that she would ultimately be called to testify. She also was asked to explain how she could have missed Trulove’s photo from a wall with mug shots at a police station the night after the killing.

“I don’t know, I just didn’t realize it at the time,” she said, adding that the only person she recognized was another man who was involved in the clash with Kuka that night. The next day, however, she did tentatively identify Trulove’s mug shot to police.

Trulove was not arrested until the following year. The witness said her life has changed dramatically since the slaying when she became terrified and went into witness protection, moving from hotel to hotel. Her expenses have topped $19,000.

The witness said the money was nothing to the terror she has experienced, knowing she or her family could be subjected to retaliation and watching as her husband lost his job because of the moves. “This has changed my life forever,” she said tearfully. “It’s hard. I’m not going to lie and say I don’t need it. I do need assistance.”

E-mail Jaxon Van Derbeken at jvanderbeken@sfchronicle.com.

This article appeared on page C – 7 of the San Francisco Chronicle

Compact cameras for advanced shooting

Canon PowerShot S90

Cnet rating: 4 stars lacking of 5 (excellent)

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The favorable: Excellent control system for manual, semimanual shooting; fantastic wide-angle f2 lens; actual good low-light photo quality.

The bad: Performance is merely mean proportion; no HD movie mode or optical zoom while recording; no optical viewfinder.

The worth: $400

The bottom line: As long as you’re not expecting dSLR accelerate in a tiny body, the Canon PowerShot S90 is an choice compact camera for advanced amateurs.

Read the full review

Panasonic Lumix DMC-GF1

Cnet rating: 4 stars public of 5 (excellent)

The good: Excellent photo quality and performance; streamlined design; mutually exchangeable lenses.

The bad: Electronic viewfinder costs extra; can’t use EVF and choleric-shoe flash simultaneously.

The price: $1,050

The bottom line: The best interchangeable-lens compact we’ve seen. Like competitors, however, the need of an optical viewfinder limits its ability to photograph action.

Read the filled review

Olympus E-P1

Cnet rating: 3.5 stars out of 5 (surpassingly good)

The good: Striking design; impressive photo quality; interchangeable lens brace.

The bad: Sluggish autofocus; short battery life; low-resolution LCD; lacks forward-camera flash and viewfinder.

The price: $700 to $800

The alluvial land line: The Olympus E-P1 is an otherwise excellent compact camera hampered ~ means of some performance problems and the lack of a viewfinder and moment.

Read the full review

Canon PowerShot G11

Cnet rating: 3.5 stars on the ~side of 5 (very good)

The good: Optical viewfinder; articulated LCD; extremely good photo quality for its class.

The bad: Shot-to-shot performance still a little sluggish; no HD video.

The price: $427 to $500

The stamina line: Though it doesn’t offer an interchangeable lens, the Canon PowerShot G11 continually delivers a good shooting experience for photography enthusiasts. Plus it’s the barely model that includes an optical viewfinder.

Read the full review

These Cnet support members contributed to this report: senior editor Lori Grunin, senior annotator Joshua Goldman and senior features editor Laura K. Cucullu. For in addition reviews of personal technology products, visit www.cnet.com.

This commodity appeared on page DC – 1 of the San Francisco Chronicle