Saturday, January 5, 2013

Nintendo Wii U


Nintendo is stepping into the next generation of game systems, which is a cross between the current gen and a concept we've never seen before. The Nintendo Wii U is the company's first high-definition game system, and its graphical power rivals the Xbox 360? and the PlayStation 3?. But its best feature isn't the ability to compare favorably to 7- and 6-year-old game consoles. Its big selling point is a huge, tablet-like controller that combines the motion controls of the Wii, the physical controls of the Xbox 360 and PlayStation 3, and the touch screen of the Nintendo 3DS?. This gamepad signals not only a step in Nintendo's console evolution, but a curious and bold twist on gaming conventions. The Wii U is bursting with potential, but it will take some time before we'll know if that potential will be fulfilled.?

Editor's Note (1/4/2013): With the launch of Nintendo's TVii entertainment feature, we have reevaluated the Wii U and have adjusted its score from 3.5 to 4 stars to reflect this addition. The review has been updated with a summary of TVii's features.?

First, the basics: The Wii U is available in two versions. The glossy white Basic set is a $299.99 (list) system that gives you everything you need to start playing the Wii U, but nothing else. It includes the game console with 8GB of memory, the Wii U gamepad, power cables for each, a sensor bar, and an HDMI cable. The glossy black Deluxe set ($349.99 list) throws in a handful of useful accessories and a pack-in game. It includes everything in the Basic set (with 32GB of memory instead of 8GB), plus a charging cradle and a stand for the gamepad, a stand for the console to let you set it up vertically like the current Wii system, and a copy of Nintendo Land. At just $50 more, you get a lot of extras with the Deluxe set, making it the better deal (and, at the time of this writing, the rarer version to find at retail).

Console and Gamepad Design
While the Wii U looks as slender and compact as the original Wii, it's much heftier (but still more than a pound lighter than the recently slimmed-down Sony PlayStation 3). It weighs 3.4 pounds and measures 10.5 inches long while keeping a relatively slim 1.9-by-6.6-inch profile (HW). The front of the system houses a slot-loading optical drive, Power and Eject buttons, a syncing button for the game controller, and a plastic door that flips open to reveal an SD card slot and a USB port. Beside the built-in storage, which varies depending on the version of the console you buy, you can expand storage with an SD card or USB drive. You need an SD card for Nintendo's Byzantine system transfer process to bring your WiiWare and Virtual Console games to the Wii U from your old console. The back of the system houses an HDMI port, a power port, a sensor bar port, two USB ports, and an A/V port that uses the same component or composite video cables the Wii uses. The Wii U only comes with an HDMI cable, so if you want to use the analog inputs you'll have to buy a cable (or use one from your old Wii).

The big draw of the Wii U, like the Wii before it, is the controller. Instead of a motion-sensing Wiimote (which the Wii U can still use), the Wii U uses an ambitious gamepad that's more like a tablet than a traditional game controller. It features a 6.2-inch, 854-by-480-pixel resistive?touch screen that serves as the primary method of information input and menu navigation. The touch screen is sensitive enough for one-point activities, but it can't handle multi-touch gestures like smartphones and tablets. The low-res display is fine for most activities, but pales in comparison to some other touch-screen devices, like the PlayStation Vita's? brilliant 5-inch, 920-by-544 OLED screen or the Nexus 7? tablet's tightly-packed 7-inch 1280-by-800 IPS screen.

The gamepad also acts as its own display, either mirroring the Wii U's picture from your? HDTV, or offering additional information and menu options. You can also stream games directly to the gamepad and bypass the console entirely. Like its gamepad name implies, the controller also has a full selection of physical controls surrounding the screen, including dual analog sticks, six face buttons (A, B, X, Y, Start, and Select), a direction pad, four shoulder buttons, and Home, Power, and TV Remote buttons. You also get motion controls, just like with the Wiimote, so it can detect how it's positioned and at what angle. Despite its large size of 5.3 by 10.2 by 0.9 inches (HWD), the gamepad feels surprisingly light at 1.1 pounds, and is comfortable to hold.

A microphone on the bottom side of the gamepad can pick up your voice, two speakers let the controller provide its own music, and a front-facing camera lets you video chat with other Wii U users, and take photos for various reasons (like making a Mii avatar based on your face for use in games; it's not intended as a stand-alone camera for snapshots). A headphone jack sits on the top edge of the controller, along with a volume slider, a power port, and a removable stylus. The Wii U gamepad charges through a cable that plugs into the wall with the bundled adapter, but Deluxe owners can charge the gamepad with an included cradle, which easily connects through two contacts in the bottom of the controller. If you bought a Basic set, you can pick up the $20 cradle separately.

The gamepad will communicate with the Wii U at distances up to 30 feet. However, walls, corners, and physial obstructions can interfere with the wireless signal, which is based on a proprietary system Nintendo created to minimize latency. I used the gamepad all around my relatively small studio apartment, but I couldn't walk more than halfway down the length of the large PCMag Labs before the gamepad lost its connection to the Wii U.

On a single charge, the gamepad lasted between 3 to 5 hours in my tests. But if you run out of juice, you can use it as a wired controller with the power cable plugged in. Also, the gamepad battery is removable, so expect extended batteries from third-party companies in the coming months. Still, a 3-5 hour battery life for a home console controller is disappointing, and if you plan on marathon gaming sessions expect to keep the gamepad tethered.

(Next Page: Setup and Software)

Source: http://feedproxy.google.com/~r/ziffdavis/pcmag/~3/eCt5QQSSV4w/0,2817,2412292,00.asp

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'Jersey Shore' Star Snooki Is 'Sailing' Through Motherhood

Reality star opens up to MTV News about how being a mom is 'fun' and why she's delaying her wedding.
By Jocelyn Vena


Snooki
Photo: MTV News

Source: http://www.mtv.com/news/articles/1699709/snooki-jionni-wedding-delay.jhtml

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Friday, January 4, 2013

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Congress to vote on Superstorm Sandy flood aid

Crews work work to replace the Superstorm Sandy destroyed boardwalk in Seaside Heights, N.J., Thursday, Jan. 3, 2013. Under intense pressure from angry Republicans, House Speaker John Boehner has agreed to a vote this week on aid for Superstorm Sandy recovery. (AP Photo/Mel Evans)

Crews work work to replace the Superstorm Sandy destroyed boardwalk in Seaside Heights, N.J., Thursday, Jan. 3, 2013. Under intense pressure from angry Republicans, House Speaker John Boehner has agreed to a vote this week on aid for Superstorm Sandy recovery. (AP Photo/Mel Evans)

Henny Mauro walks in Seaside Heights, N.J., Thursday, Jan. 3, 2013, past a beach-side home that was destroyed by Superstorm Sandy. Under intense pressure from angry Republicans, House Speaker John Boehner has agreed to a vote this week on aid for Superstorm Sandy recovery. (AP Photo/Mel Evans)

A man photographs a beach front home in Bay Head, N.J., Thursday, Jan. 3, 2013, that was severely damaged two months ago by Superstorm Sandy. New Jersey Gov. Chris Christie, a Republican who has praised President Barack Obama's handling of the devastating storm, has blasted Republican U.S. House Speaker John Boehner for delaying a vote for federal storm relief. Now, under intense pressure from angry Republicans, Boehner has agreed to a vote this week on aid for Superstorm Sandy recovery. (AP Photo/Mel Evans)

Homes and docks damaged by Superstorm Sandy remain uninhabitable in the Broad Channel section of Queens, New York, Thursday, Jan. 3, 2013. Many home and business owners flooded out by Hurricane Sandy could get insurance payouts soon through congressional action expected Friday, Jan. 4 on a $9.7 billion bill to replenish the National Flood Insurance Program. The Federal Emergency Management Agency, which runs the program, warned that it will run out of money next week if Congress doesn?t give it additional borrowing authority to pay out claims. (AP Photo/Seth Wenig)

New York Gov. Andrew Cuomo talks to NYS Responds and NYS Ready Commissions members following a meeting in the Red Room at the Capitol on Thursday, Jan. 3, 2013, in Albany, N.Y. A still angry Cuomo isn't ready to believe the Republican House leadership will finally vote on Sandy relief aid. Instead, he's telling them: "Show me the money." (AP Photo/Mike Groll)

(AP) ? At last, the storm-racked Northeast is getting a House floor vote on billions in disaster relief aid for victims of October's Superstorm Sandy, but only after a host of East Coast Republican lawmakers threatened a near mutiny against GOP Speaker John Boehner.

A $9.7 billion measure to pay flood insurance claims, which amounts to just a down payment on a multibillion-dollar aid commitment, is expected to be approved by the House on Friday, boosting prospects for relief for the many home and business owners devastated by the storm. If the House acts as expected, the Senate plans to follow with a likely uncontested vote later in the day.

The Federal Emergency Management Agency warns that the National Flood Insurance Program will run out of money next week if Congress doesn't provide additional borrowing authority to pay out claims. Congress created the FEMA-run program in 1968 because few private insurers cover flood damage.

The flood insurance measure is the first phase of a proposed Sandy aid package. Under Boehner's new schedule, the House will vote Jan. 15 on an additional $51 billion in recovery money. Senate action on that measure is expected the following week. Financially strapped local governments are awaiting that money.

Northeast lawmakers say the money is urgently needed for storm victims awaiting claim checks from the late October storm, which was one of the worst ever to strike the Northeast, ravaging the coast from North Carolina to Maine, with the most severe flooding occurring in Atlantic City, N.J., New York City and Long Island and along the Connecticut coastline.

"People are waiting to be paid," said Rep. Frank LoBiondo, R-N.J., whose district includes Atlantic City and many other coastal communities hard hit by the storm. "They're sleeping in rented rooms on cots somewhere, and they're not happy. They want to get their lives back on track, and it's cold outside. They see no prospect of relief."

The Club For Growth, a conservative group, on Friday urged lawmakers to oppose the bill, saying that Congress should only approve Sandy aid in installments to make sure the money is wisely spent and that any new Sandy aid should be offset with spending cuts elsewhere.

"Congress should not allow the federal government to be involved in the flood insurance industry in the first place, let alone expand the national flood insurance program's authority," the group said in a statement.

Boehner, of Ohio, had promised a House vote on Friday after his decision to delay an action on a broader Sandy relief package provoked outrage from Northeast Republicans, including New Jersey Gov. Chris Christie, who said he'd lost trust in GOP leaders in Congress after being promised a vote earlier this week.

About 140,000 Sandy-related flood insurance claims have been filed, FEMA officials said, and there are about 115,000 pending claims. Many flood victims have only received partial payments on their claims.

Philip Rock has received $8,000 in flood insurance payments so far but said he is awaiting a statement on the final amount, which he expects to be much more. A house he owns in Toms River, N.J., had a $220,000 flood insurance policy. The house, which he rents out, was destroyed, and he needs to know the final payout before he can demolish it.

The house is a "total loss," Rock said. "We don't want to demolish the house and have them say, 'We have to go around and take more pictures.'"

New York, New Jersey and Connecticut were the states hardest hit by the storm in terms of damage from high winds, flooding and storm surges. The storm damaged or destroyed more than 72,000 homes and businesses in New Jersey. In New York, 305,000 housing units were damaged or destroyed and more than 265,000 businesses were affected.

Speaking of the legislation pending Friday, Rep. Michael Grimm, R-N.Y., whose district includes Staten Island, said, "This funding will give the city and state the much-needed resources to rebuild our damaged infrastructure and provide further aid to individuals and small businesses struggling to pick up the pieces of their lives."

Sandy was the most costly natural disaster since Hurricane Katrina in 2005 and was blamed for at least 120 deaths. Northeast lawmakers have complained that it took just 10 days for Congress to approve about $50 billion in aid for Katrina but that it hasn't provided aid for Sandy relief in more than two months.

"States and local communities need to know the money will be there before they can give a green light to start rebuilding," said LoBiondo.

More than $2 billion in federal money has been spent so far on relief efforts for 11 states and the District of Columbia struck by the storm. New York, New Jersey, Connecticut, West Virginia, Virginia, Maryland, New Hampshire, Delaware, Rhode Island, Pennsylvania, Massachusetts and the District of Columbia are receiving FEMA aid.

___

Associated Press writer Katie Zezima in Newark, N.J., contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-01-04-Superstorm%20Aid/id-204c28d0b28542f2926c40df8ddf7071

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Pa. governor sues NCAA over Penn State sanctions

Pennsylvania Gov. Tom Corbett speaks at a news conference Wednesday, Jan. 2, 2013 in State College, Pa. The NCAA overstepped its authority by imposing hefty sanctions on Penn State University in the wake of the Jerry Sandusky child molestation scandal, Corbett said in announcing a federal lawsuit against the college athletics governing body. (AP Photo/Ralph Wilson)

Pennsylvania Gov. Tom Corbett speaks at a news conference Wednesday, Jan. 2, 2013 in State College, Pa. The NCAA overstepped its authority by imposing hefty sanctions on Penn State University in the wake of the Jerry Sandusky child molestation scandal, Corbett said in announcing a federal lawsuit against the college athletics governing body. (AP Photo/Ralph Wilson)

Pennsylvania Gov. Tom Corbett speaks at a news conference Wednesday, Jan. 2, 2013 in State College, Pa. The NCAA overstepped its authority by imposing hefty sanctions on Penn State University in the wake of the Jerry Sandusky child molestation scandal, Corbett said in announcing a federal lawsuit against the college athletics governing body. (AP Photo/Ralph Wilson)

Pennsylvania Gov. Tom Corbett gestures while speaking at a news conference Wednesday, Jan. 2, 2013 in State College, Pa. The NCAA overstepped its authority by imposing hefty sanctions on Penn State University in the wake of the Jerry Sandusky child molestation scandal, Corbett said in announcing a federal lawsuit against the college athletics governing body. (AP Photo/Ralph Wilson)

Pennsylvania Gov. Tom Corbett, center at podium, speaks at a news conference Wednesday, Jan. 2, 2013 in State College, Pa. The NCAA overstepped its authority by imposing hefty sanctions on Penn State University in the wake of the Jerry Sandusky child molestation scandal, Corbett said in announcing a federal lawsuit against the college athletics governing body. (AP Photo/Ralph Wilson)

STATE COLLEGE, Pa. (AP) ? Pennsylvania's governor, in a challenge to the NCAA's powers, claimed in a lawsuit Wednesday that college sports' governing body overstepped its authority and "piled on" when it penalized Penn State over the Jerry Sandusky child molestation scandal.

Gov. Tom Corbett asked that a federal judge throw out the sanctions, which include an unprecedented $60 million fine and a four-year ban on bowl games, arguing that the measures have harmed students, business owners and others who had nothing to do with Sandusky's crimes.

"A handful of top NCAA officials simply inserted themselves into an issue they had no authority to police under their own bylaws and one that was clearly being handled by the justice system," Corbett said at a news conference.

The case, filed under federal antitrust law, could define just how far the NCAA's authority extends. Up to now, the federal courts have allowed the organization broad powers to protect the integrity of college athletics.

In a statement, the NCAA said the lawsuit has no merit and called it an "affront" to Sandusky's victims.

Penn State said it had no role in the lawsuit. In fact, it agreed not to sue as part of the deal with the NCAA accepting the sanctions, which were imposed in July after an investigation found that football coach Joe Paterno and other top officials hushed up sexual-abuse allegations against Sandusky, a former member of Paterno's staff, for more than a decade for fear of bad publicity.

The penalties include a cut in the number of football scholarships the university can award and a rewriting of the record books to erase 14 years of victories under Paterno, who was fired when the scandal broke in 2011 and died of lung cancer a short time later.

The lawsuit represents a reversal by the governor. When Penn State's president consented to the sanctions last summer, Corbett, a member of the Board of Trustees, embraced them as part of the university's effort to repair the damage from the scandal.

Corbett said he waited until now to sue over the "harsh penalties" because he wanted to thoroughly research the legal issues and did not want to interfere with the football season.

The deal with the NCAA has been unpopular with many fans, students and alumni. Corbett, who is up for re-election next year, deflected a question about whether his response has helped or hurt him politically.

"We're not going to get into the politics of this," he said.

An alumni group, Penn Staters for Responsible Stewardship, applauded the lawsuit but said Corbett should have asked questions when the NCAA agreement was made.

"If he disapproved of the terms of the NCAA consent decree, or if he thought there was something illegal about them, why didn't he exercise his duty to act long before now?" the group said.

Paterno's family members said in a statement that they were encouraged by the lawsuit. Corbett "now realizes, as do many others, that there was an inexcusable rush to judgment," they said.

Corbett's lawsuit accuses the NCAA of cynically exploiting the Sandusky case, saying its real motives were to "gain leverage in the court of public opinion, boost the reputation and power of the NCAA's president" and "enhance the competitive position of certain NCAA members." It said the NCAA has not cited a rule that Penn State broke.

Corbett charged that the NCAA violated the Sherman Antitrust Act, which prohibits agreements that restrain interstate commerce. Legal experts called it an unusual case whose outcome is difficult to predict.

The NCAA has faced antitrust litigation before, with a mixed record of success. In 1984, the Supreme Court ruled against the NCAA's exclusive control over televised college football games. And in 1998, the Supreme Court let stand a ruling that said the NCAA's salary cap for some assistant coaches was unlawful price-fixing.

But federal courts have consistently rejected antitrust challenges to NCAA rules and enforcement actions designed to preserve competitive balance, academic integrity and amateurism in college athletics.

In this case, the courts might not be as sympathetic to the NCAA, said Matthew Mitten, director of the National Sports Law Institute at Marquette University Law School.

"It's difficult to justify the sanctions as necessary to protect the amateur nature of college sports, preserve competitive balance or maintain academic integrity," he said.

Joseph Bauer, an antitrust expert at the University of Notre Dame law school, said of Corbett's line of reasoning: "I don't think it's an easy claim for them to make, but it's certainly a viable claim."

Sandusky, 68, was convicted in June of sexually abusing 10 boys, some of them on Penn State's campus. He is serving a 30- to 60-year prison sentence but insists he's innocent.

Michael Boni, a lawyer for one of Sandusky's accusers, said he does not consider the lawsuit an affront. But he said he hopes Corbett takes a leading role in pushing for changes to state child-abuse laws.

"I really question who he's concerned about in this state," Boni said.

Michael Desmond, a businessman who appeared with Corbett at the news conference, said business at his five State College eating establishments was down about 10 percent during Penn State home game weekends this year.

"The governor's actions are going to be immensely popular with all Penn State alumni," Desmond said.

Corbett, a Republican, said his office did not coordinate its legal strategy with state Attorney General-elect Kathleen Kane, who is scheduled to be sworn in Jan. 15. Instead, the current attorney general, Linda Kelly, granted the governor authority to pursue the matter.

Kane, a Democrat, ran on a vow to investigate why it took prosecutors nearly three years to charge Sandusky. Corbett was attorney general when his office took over the case in 2009.

Kane had no comment on the lawsuit because she was not consulted about it by Corbett's office.

State and congressional lawmakers have objected to use of the NCAA fine to finance child-abuse prevention efforts in other states. Penn State has already made the first $12 million payment, and an NCAA task force is deciding how it should be spent.

___

Associated Press writers Peter Jackson in Harrisburg and Michael Rubinkam contributed.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-01-02-Penn%20State-Abuse-Lawsuit/id-a16d56221a3b4f4198a042f08be29067

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HTC DROID DNA Android smartphone review

Is it just me or does it seem like every new Android smartphone looks almost?exactly?like the last new Android smartphone? It sure felt like deja vu all over again when I opened the box that Verizon Wireless sent me a few days ago. Inside was the HTC DROID DNA, their latest and greatest high-end Android [...]

Source: http://the-gadgeteer.com/2013/01/03/htc-droid-dna-android-smartphone-review/

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Do Unregistered Trademarks Have Rights? - Dear Rich

Do Unregistered Trademarks Have Rights?

Dear Rich: I am planning on starting my first company, shortly. Currently, I am doing a trademark search, and ran into a Nolo article which states that "searching for unregistered trademarks is important because, even if a trademark is unregistered, its existence could prevent you from registering the trademark in your own name or from even using the trademark legally." How does a trademark have legal rights, if it is not registered with the USPTO? Also, if my trademark becomes registered, yet the prior user has his/her trademark still unregistered, would there be any way they could win the case, as my TM has rights, and their trademark does not??Yes, owners of unregistered (or "common-law") trademarks have legal rights within the geographic areas in which they operate.?An unregistered mark can sometimes stop a subsequent federal user in the same geographic area. Or alternatively, a bigger company moving into an area may not be able to prevent a smaller competitor (whose use preceded the big company) from using a similar name. (Hence, Norman McDonald was able to continue to use his name on his hamburger stand in Philpot Kentucky though he had to remove his copycat arches.)
What gives them the right??Laws about unregistered marks are derived from a way-old English business principle: if someone attracts customers (goodwill) it is unfair for someone else to falsely pass off products or services with a similar trademark, thereby confusing consumers. Sometimes these state or federal laws are referred to as unfair competition laws, or unfair business practices. Famous unregistered trademarks can be protected under federal dilution laws. (Note,?some functioning regional trademarks may not qualify for registration because they are not used in commerce regulated by the federal government -- typically, interstate commerce.)
The registration process.?Some people believe that registration is the process of turning a name into a trademark. Actually, it's the opposite. You can't get a registration unless the name already is a trademark. Once your examiner is satisfied that you have a trademark, registration is granted and that enhances your already-existing trademark rights. Registration gives the owner a presumption of ownership, provides constructive notice to other companies in the U.S., and offers the hope of incontestability (after a few years). Registration may also increase your payment in case of a willful infringement.
The unregistered trademark.?As noted, an unregistered first user of a trademark can often claim trademark rights within the geographic selling area. But keep in mind that having?an unregistered name is not the same as having an unregistered trademark. You can't claim trademark rights, unless the moniker meets the legal requirements of a trademark -- ?that is it's distinctive and associated with your goods and services.
The way it is. All that said, nowadays, the tendency is to register as much as possible. That's partially attributable to the Internet: registration helps in domain name battles and the Internet has made made many regional (previously local unregistered) trademarks into national businesses. In addition, registration is now de rigueur for startups whose equity investors perceive it as adding value.

Source: http://dearrichblog.blogspot.com/2013/01/do-unregistered-trademarks-have-rights.html

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