This is why Apple is going berserk: Android extends US marketshare lead, Samsung tops platform?s OEMs

Analytics firm Nielsen statistics from their Q2 2012 subscriber data has shown Android extend its significant lead over Apple, with a 51.8% marketshare compared to iOS?s 34.3%. In Q1 2012, the scores stood at 48.5% for Android to Apple?s 32%. About a year ago (Q3?2011, I was unable to find the Q2 2011 data for a YoY comparison) Android had a 44.2% to 28.6% lead. These are minor growths, but it shows that regardless of the injunction requests and all the legal hoopla, and despite all the ?fragmentation? talk, Apple is nowhere close to closing the gap on Android.

In the manufacturer?s stakes, Samsung is the leading OEM as expected, with their Android devices accounting for a 17% total marketshare. HTC is second at 14%, Motorola third at 11% and the rest accounting for 9%. Looking over at the other platforms, Blackberry has dropped from 17% in Q3 2011 to 9%. Windows Phone 7 is stagnant at a meager 1.3%, with all the money spent on marketing still unable to get them to even half of Windows Mobile?s 3% share.

[via Brief Mobile]

Source: http://phandroid.com/2012/07/14/this-is-why-apple-is-going-berserk-android-extends-us-marketshare-lead-samsung-tops-platforms-oems/

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Cole defends teammate Terry during racism trial

By ROB HARRIS

AP Sports Writer

Associated Press Sports

updated 10:09 a.m. ET July 11, 2012

LONDON (AP) -Chelsea defender Ashley Cole defended captain John Terry against accusations of racism on the third day of his teammate's trial, saying Wednesday that the case should never have come to court.

Terry is accused of calling Queens Park Rangers defender Anton Ferdinand a "black (expletive)" in a racially-aggregated verbal attack during a match after being goaded over an alleged affair.

Terry lost the England captaincy for the first time in 2010 when allegations surfaced he had an affair with the ex-girlfriend of then England-teammate Wayne Bridge.

Cole took to the stand to say he heard Ferdinand say "Bridgey," "black" and the expletive. But Cole, who is black, said he never heard Terry's response at Loftus Road and insisted that his teammate is not racist.

Cole backed Terry's defense that he repeated the offensive term to Ferdinand during the confrontation in October to counter what he believed the QPR player was accusing him of saying.

"If I repeated something that I thought you said, that's totally different than if someone just says something," Cole said.

Dismissing the case as "handbags" - a British term for a minor scuffle - Cole completed his testimony in Court 1 at Westminster Magistrates' Court by saying: "I think we shouldn't be sitting here."

Prosecutors, though, have claimed it was "plainly and inherently unlikely" Terry would decide to repeat the phrase with no surprise or incredulity.

"You knew you had crossed the line and you have regretted it ever since," prosecutor Duncan Penny said. "You are stuck with this story since you put it out in the press and you can't back down."

Terry dismissed the notion.

Penny asked Terry why Ferdinand would have concocted a false accusation against the then-England captain.

"What good was it going to do him, making this allegation against you if it was not true?" Penny said.

"I can't answer any questions for Anton," Terry replied.

Giving evidence earlier Wednesday, Terry insisted that he was immune to abuse about his private life and family during matches.

Terry said he has taken "abuse on the chin" since the allegations about the affair with Bridge's ex-girlfriend emerged in 2010 and led to him being stripped of the England captaincy for the first time.

Terry also recounted how he finds it "upsetting" that Liverpool fans bellow vulgar chants about his mother during matches.

Taking to the stand in the afternoon, Chelsea chairman Bruce Buck, who has been in court throughout the case, praised Terry's mindset when under fire.

"He has an almost uncanny mental strength that when there are some bumps and bruises in his personal life he is able to go on the football field and shut that out as if nothing is going on," Buck said.

Terry's defense team presented a statement signed by several Chelsea players, including strikers Daniel Sturridge and Fernando Torres, and midfielder Michael Essien, saying: "I've never heard John Terry use any form of racist language."

Former manager Jose Mourinho also provided a character statement that maintained: "I am certain John Terry is not a racist."

The case centers on video evidence of the alleged incident that emerged on YouTube with subtitles quickly after the match. Ferdinand testified that he didn't hear the alleged abuse during the match and only became aware of it via the internet clips.

---

Rob Harris can be reached at http://twitter.com/RobHarris

? 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Beware unrealistic expectations

PST: There was a time when not reaching the playoffs for a couple of consecutive seasons signaled grand failure in the MLS. That's no longer the case, and clubs must reset those expectations.

Sporting KC moves into US Open Cup finals

??CHESTER, Pa. (AP) - Jacob Peterson and Graham Zusi each scored second-half goals to lead Sporting KC to a 2-0 victory over the Philadelphia Union in the U.S. Open Cup semifinals Wednesday night.

Source: http://nbcsports.msnbc.com/id/48116882/ns/sports-soccer/

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Secret World Update ? 1.0.1 Patch Released | Muslim Gaming ...

Funcoms latest MMORPG The Secret World has just released a new update to the game. The patch list ?is long and detailed and it looks like it covers everything from the usual bugs and fixes through to texture issues, audio and even interface issues.

I was really looking forward to this but it just kind of slipped away from me as launch got closer. The idea seemed great and something different than the usual Orcs and Hunters. I might still get onto playing it one day. But for those of you that are playing it, get onto starting the client up and start patching. Changelog below for you.

The Secret World Update 1.0.1?Change log:

GENERAL
?Fixed the cause of some stalls in performance while in Seoul.
?When you zone, you will now be returned to you original dimension (unless you are in a team, in which case you will stay in the same dimension).
?Fixed a visual issue where blood effects while using magic abilities would show green or orange square textures.
?You can now use the Meet up feature if you are in combat stance, but not in combat.
?Reduced loudness of Radio music during a cinematic with Sophie in Besieged Farmlands.
?Weapons should now behave properly in the training areas.
CLOTHING
?The Athletic hoodie, blue now appears in the dressing room.
?Fixed several clothing items that had the wrong visual looks compared to their descriptions.
?Clothing in the item shop now matches their thumbnails.
?The Neutral Faction pants and jacket should now get delivered correctly when claimed.
?The Bubble Vest, blue item will now be delivered properly.
?Players can no longer buy anything they already own from the clothing vendor.

PETS
?Increased the size of pets.
?Pets no longer collide with players.
?Owl pets have had their visuals slightly improved.
?All dogs now look like shown in the preview in the item store.

CHAT
?Addressed an issue which could sometimes prevent players from using chat while the servers were under heavy load. We are aware that this fix will not resolve all of the current chat issues.
?The officers chat in a cabal is now restricted to only those that can see it.
?Fixed an issue where it was difficult to select a chat channel if you left the game via disconnecting.

COMBAT
?Hammer sounds have been improved.
?Updated the Striker ability to properly apply damage when the target is hindered.

CRAFTING
?Fixed several issues, including one regarding incorrect tooltips on QL 3 glyphs.
?Updated all mission rewards to properly decompose into dust/fire/water as appropriate.

DUNGEONS
?Hell Raised Normal ? Recursia: Triggerthings have had their HP reduced by 20%. Elite and Nightmare Triggerthings are unchanged.
?Hell Raised Normal ? Recursia: Phase 3 will now trigger at lower health. Elite and Nightmare modes are unchanged, and will continue to trigger at the previous (higher) values.
?Hell Raised Nightmare ? Recursia: Recursia should now successfully cast Anima Eruption at any target in the fight, regardless of range.
?Hell Raised ? Machine Tyrant: The Machine Tyrant should now hit his targets more consistently.
?The Darkness War : Nightmare mode buff Underworld Ward now works.
?Nightmare mode minibosses will now drop Nightwatch level glyph kits.
?Reduced the number of unique item drops from Nightmare bosses.
?Gatekeeper?s Challenge : Gatekeeper?s damage output was reduced slightly.
?Minibosses in Nightmare mode dungeons will now drop QL 10 blue items with a chance of QL 10 epic Glyph crafting kits.

GUI
?The particles for Immunity are no longer overwhelming and easily noticeable on the larger bosses.
?All guild related events (except for someone else in the guild joining up, leaving, and changing online status) should be displayed as onscreen messages now.
?Right clicking one item then left clicking another item will no longer both close the menu and pick up the item.
?Sending too much money should now only give you one onscreen message.
?Compose Letter is now correctly called Compose Mail
?Compose Mail ?To(recipient?s nickname):? text field only accepts characters, letters and hyphens, as intended.
?You can now use SHIFT-TAB to jump back between textfields when composing a mail.
?Mails are now marked as read properly.
?After confirming the deletion of a mail item, you will no longer have to manually select another mail ? the next mail will be automatically selected for you now.
?Holding an item on the mouse pointer and then clicking the right arrow (next page on store and sell) no longer opens a deletion popup.
??Expand Size Limit? in the store tab now looks like Expand size in your inventory.
?You will now get feedback if you try to remove funds from your Cabal bank and you are of too low a rank.
?Scrolling through your mail with the scroll wheel should now work correctly.
?Changed the color of the envelop asset from red to white.
?The prompt given to players when deleting mail with no attachments now reflects that there are no attachments in the message.
?Messages can now be sent if the message body only contains numerical characters.
?Fixed an issue with the Expand size on the store tooltip.
?The split item GUI should no longer misbehave when splitting a stack in the guild bank or store and sell tab.
?You are no longer able drag and drop items to the Compose Mail attachment through the Postal Service windows.
?Placing an item from normal inventory over the bank GUI will no longer cause the bank GUI to grab the item.
?Read mails now appeared greyed out after being read.
?Improved the visibility of receiving mail.
?Fixed the ability to send cash without having to write a message as well.
?Increased width of drop down menu components to support longer text.
?Players are not able to type more than 4000 characters in the text field. Larger text pastes will be truncated. There is no visual indication that you have reached the limit.
?Trying to take a mission that puts an item in the inventory when the inventory is already full now shows the message ?One of the Mission Goals failed to create. Make sure you have an open slot in your inventory. ?
?Depositing an item in the same cabal bank slot at the same time will no longer cause the player to become unable to receive items.

NPCS
?Spectres in Blue Mountain should now be a little easier to defeat.
?Teeth have been fixed on several NPCs.
?Lair monsters should no longer block the path to where Gravedust can be found.
?City of the Sun God : Sutekh no longer walks through rocks on his daily constitutional.
?New York : Fixed Charles Zurn?s hair.

MISSIONS
?Players will now appear as they should in the first cinematic.
?Dragon ? Into Darkness : Bong Cha?s congratulatory phone call will no longer echo to bystanders.
?The Haunting: Fixed an issue where one task could fail during the mission.
?The end boss in the mission Too Deep, Neesh-Um, the Stalker of Nightmares, will no longer aggro the player until his adds are killed.

Kingsmouth
?Media popups for gravestones in Kingsmouth town should now appear correctly.
?Fixed rubberbanding issue in Kingsmouth sewers.
?Ravens will now properly fly off during missions when they are supposed to.
?Player can pick up the flamethrower and get the finished product when on Tier 3 of the mission Flame Away.
?Dead Air : The mission should always be completeable now. The crate will respawn after the filth hulk dies and can be interacted with so long as there are players with Tier 5 active.
?Dead Air : Waymarker is placed properly at the serial number location. The serial plate no longer has an empty tooltip.
?Ambushes are now triggering properly, and will solve the goal on any player near the Lost Drone.
?The Trapped Survivor in Kingsmouth Town should now respawn correctly after dying or completing the mission ?That?ll Leave a Mark?.
?That?ll Leave a Mark ? Injured man will get into the fight more often, but if he manages to get to the sheriff without fighting, then the player can consider himself fortunate.
?A Sacred Place : Dragging zombies into the church awards group credit.
?Journey?s End can now be shared.
?Adjusted the placement of the map and Beaumont?s Notes in Dawning of an Endless Night so they no longer have clipping issues with the tables they are on.
?Made it more clear how to interact with the computer in Kingsmouth Code.
?Horror Show ? Collecting cameras now awards group credit.
?Zen and the Art of Weapon Maintenance can now be shared.
?The buff provided by the Siren?s Song during Dawning of an Endless Night now has a description.
?The Hunger : The Voracious Wendigo is now killable.

The Savage Coast
?Tolba Bay?s zombie population should now stay dead longer.
?The Terrible Wendigo in Savage Coast no longer spawns right where the Council of Venice have set up shop.
?Jack?s Back has had some improvements made to prevent some issues with the mission.
?Monsters should no longer fight players in Nicholas Winter?s immediate vicinity.
?The Urn for mission ?The Black House? should now always be present if you are on the right tier.
?The Urn for The Black House in Savage Coast now does less damage if activated incorrectly.
?The Resident Horror should now always respawn properly for the mission Life Imitating Art.
?The Mud Golem encountered in ?Theme Park Tycoon? should now provide mission credit to all players who have engaged him.
?Poltergeists during the Strange Candle event in the Black House now have a proper name for the burning effect.
?Newspaper clippings for ?The Black House? should now have proper subtitles.
?Taking the Purple : Made improvements to this to help ensure the ambushers will always spawn during tier 2.
?Increased the grace location on the telescopes so it?s more lenient about where you can solve the mission A Reasonable Man.
?Hell Hath no Vacancy : Daniel Bach now has a more audible reason to appear unsettled during the cinematic.
?The Player, Not the Piece should now fail and resume correctly if you disconnected during the final event.
?Volatile Essence Flask inventory item now has an updated icon.
?Waypoint for the second mangled corpse in mission ?The Strange Boat House in the Mist? now correctly points towards the goal.
?The Angry Clown in the mission Theme Park Tycoon now properly wields his chainsaw.
?Ak?ab should no longer be able to move the wardstones with their dash during the Savage Coast ward defense for Dawning of an Endless Night.
?Added several waymarkers to mission ?Gravity?.
?Photographing monsters for Daniel Bach during ?Bring it Bach? should no longer randomly award two updates for one picture taken.

The Blue Mountain
?Visuals for the trail will show properly in War of the Totems.
?The Filth Amendment : Subject Zero will now always spawn when all four spikes have been defeated. Spikes will recover from their wounds after 5 minutes and must thus all be defeated within that time.
?Off the Menu: The zombies during the Defending the piece of meat event are now less numerous and weaker.
?Homeland Insecurity ? Checkmate beacon activation time has been rebalanced to take 2 seconds to activate.
?Homeland Insecurity ? Penumbral brood queen has had her hitpoints reduced somewhat.
?Homeland Insecurity: The respawn rate of the Dreyrugr Lord for tier 2 was greatly lowered.
?The Orochi Group: When the player is caught by a drone or an agent, he will no longer have to fight a Corrupted Orochi while exiting the container.
?Scavengers: The difficulty of the Skeleton Crew mob spawned during the assault in Tier 1 was slightly lowered.
?Dawning of an Endless Night : Fixed an issue that prevented players from completing Tier 18 if they crashed during the cinematic in Tier 17.
?Dawning of an Endless Night : Disconnecting during a cutscene at the end of the mission will no longer strand you in black waters.
?Population of Ak?ab at Kraken Cove and in the immediate surrounding of the Mansion has been reduced.

The Scorched Desert
??The Big Terrible Picture? in the Scorched Desert should now reset both the flames and crystals puzzles correctly.
?Ammunition crates gathered during ?Ten Thousand Bullets? in the Scorched Desert should now give credit to all players in a team.
?The Ancient Tomb Guardian boss for ?Black Sun, Red Sand? has been rebalanced to fit better with appropriate gear intended for the fight.
?Map marker for ?Black Sun, Red Sand? tier 4 now has been updated.
City of the Sun God
?Funeral Pyre can now be shared.
?Ghoul, Well done can now be shared.
?Mission ?Halls of Lost Records? should now be more multiplayer compatible.
?The mission ?Foundations? has now made it back into the City of the Sun God. The mission is given by The Great Architect.
?Earthrifts in Dust Devils should now be more multiplayer friendly.
?The Eye of Horus ability no longer has a placeholder name.
?The mission starter for ?She Who Likes Silence? in the City of the Sun God has been moved slightly, making it easier to pick up the mission.
?Waypoint marker for From Ashes now include all the urns.
?Mission marker for tier 3 of Mummy Issues in the City of the Sun God now points to the door of the Tomb.
?The Dark Places ? Soul Corruptor no longer has a placeholder name for the ability that makes it take to the skies.
The Shadowy Forest
?Tenebrae : Tenebrae no longer keeps attacking when reaching 0 hp, and will resolve the mission goal properly.
?The siren song now plays at the end of the cinematic for ?Fungal Fireworks?.
The Besieged Farmlands
?Updated muzzle flash on Scarecrow shotgun to use a custom modified one that is now facing the correct way. Effects also updated to use better looking shotgun spray.

Carpathian Fangs
?Tweaked collision around Dracula?s Castle in order to make the window more accessible.

Incoming search terms:

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Source: http://muslimgamer.com/secret-world-update-1-0-1-patch-released/

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How To Scale Your Online Business - internet marketing company

Scaling an Internet business isn?t nearly as hard as it looks in the beginning. What you should be doing is learning more about the methods that are going to work the best for the business model you?re currently running. There are some methods that will be less effective than others. So while you?re completely allowed to use methods that will produce modest results for your business, you need to find the methods that are actually well suited for the business you are running. If you are experienced, then you already have a good sense of what we?re talking about.

Chances are super high that you?re already familiar with the leaders and experts within your niche. These people are in every niche and market so you should be able to find yours pretty quickly. This goes back to your doing a little bit of networking as well as something a little different. You will want to find the leaders of those niches that are related to your own, not those in niches that directly compete with it. This is when there are all sorts of things that you can do, like joint ventures. You can also simply get to know them on social media or you can try to make contact with them directly. The goal here, though, is getting these people to help you. There are all sorts of opportunities for JVs in niches that relate and that work well with the plans you?ve made.

You will notice that many scaling efforts consist of using methods that have been around for some time.
It is simply that they aren?t usually viewed as methods that can be used to scale up a business. One other approach that can work very well is guest posting or being a guest content provider. Do not forget that the goal is to get more visitors to your business?s website and to widen the net you cast with your market. It is also important to stay relevant, though, which means sticking to just your own niche or market. Guest posting is built upon finding likely candidates and getting to work. You?re going to have to market both yourself and your writing ability but that isn?t really all that difficult to do.

Diversity in marketing needs to be your motto because that is how you keep yourself protected. If you haven?t yet started doing video marketing, this is when you should be doing it?it is never too late to start. Even though video marketing really took off a few years ago, it is still going very strong. This just adds another method of marketing to those that are already in place. Video works for all sorts of things including ranking highly on video. Even though Google updated its algorithm with Panda about a year ago, this is still true. You probably have all sorts of content that you can convert to video so don?t ignore it very much longer.

What you may not immediately think about with scaling your online business concerns the offline world. For most Internet Marketers, promoting their businesses offline is not something that they want to take the the time to do. Obviously, this is your call, but give it some serious thought.

Need more information on?mini games freak, then visit George Q. Phillips website.

Source: http://www.web-excel.net/how-to-scale-your-online-business/

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best log splitter - Wood Smackers

If we look into previous times, parts of our bodies like hands were the only option to do any performs. Even there were some sources that were used to perform tasks but they were information sources and a lot of hr.

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More Details about best log splitter here.

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UK Judge says Galaxy Tab 'not as cool' as iPad, awards Samsung win in design suit

How's that for the ultimate backhanded legal award? A judge in the UK handed a win to Samsung in an intellectual property dispute, calling the Galaxy Tab "not as cool" as the iPad, and therefore not likely to get confused with Apple's tablets. Adding insult to lawsuit win, Judge Colin Birss said that Samsung's slates "do not have the same understated and extreme simplicity which is possessed by the Apple design." The Galaxy Tabs are distinct from the iPad given their thinner form factors and the "details" on the backs of the devices, according to the judge. If Apple's not happy with his too-cool-for-suit ruling, he also gave Cupertino 21 days to appeal.

UK Judge says Galaxy Tab 'not as cool' as iPad, awards Samsung win in design suit originally appeared on Engadget on Mon, 09 Jul 2012 08:14:00 EDT. Please see our terms for use of feeds.

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Source: http://feeds.engadget.com/~r/weblogsinc/engadget/~3/8fDBPbzUN8c/

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thehill: US troops killed in coordinated attacks across Afghanistan (by @CMunozTheHill) http://t.co/XU3ojpwS

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Source: http://twitter.com/thehill/statuses/222364253825409024

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Your Cell Phone Is Under More Surveillance Than Ever [Privacy]

United States law enforcement agencies are requesting user information such as "text messages, caller locations and other information" at an alarming rate—at least 1.3 million requests last year alone—according to cellular carriers. More »

Source: http://feeds.gawker.com/~r/gizmodo/full/~3/roeEN66yHdA/your-cell-phone-is-under-more-surveillance-than-ever

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Alcoa Inc. posts 2Q net loss in slowing economy

[ [ [['Connery is an experienced stuntman', 2]], 'http://yhoo.it/KeQd0p', '[Slideshow: See photos taken on the way down]', ' ', '630', ' ', ' ', ], [ [['Connery is an experienced stuntman', 7]], ' http://yhoo.it/KpUoHO', '[Slideshow: Death-defying daredevils]', ' ', '630', ' ', ' ', ], [ [['know that we have confidence in', 3]], 'http://yhoo.it/LqYjAX ', '[Related: The Secret Service guide to Cartagena]', ' ', '630', ' ', ' ', ], [ [['We picked up this other dog and', 5]], 'http://yhoo.it/JUSxvi', '[Related: 8 common dog fears, how to calm them]', ' ', '630', ' ', ' ', ], [ [['accused of running a fake hepatitis B', 5]], 'http://bit.ly/JnoJYN', '[Related: Did WH share raid details with filmmakers?]', ' ', '630', ' ', ' ', ], [ [['accused of running a fake hepatitis B', 3]], 'http://bit.ly/KoKiqJ', '[Factbox: AQAP, al-Qaeda in Yemen]', ' ', '630', ' ', ' ', ], [ [['have my contacts on or glasses', 3]], 'http://abcn.ws/KTE5AZ', '[Related: Should the murder charge be dropped?]', ' ', '630', ' ', ' ', ], [ [['have made this nation great as Sarah Palin', 5]], 'http://yhoo.it/JD7nlD', '[Related: Bristol Palin reality show debuts June 19]', ' ', '630', ' ', ' ', ], [ [['have made this nation great as Sarah Palin', 1]], 'http://bit.ly/JRPFRO', '[Related: McCain adviser who vetted Palin weighs in on VP race]', ' ', '630', ' ', ' ', ], [ [['A JetBlue flight from New York to Las Vegas', 3]], 'http://yhoo.it/GV9zpj', '[Related: View photos of the JetBlue plane in Amarillo]', ' ', '630', ' ', ' ', ], [ [['the 28-year-old neighborhood watchman who shot and killed', 15]], 'http://news.yahoo.com/photos/white-house-stays-out-of-teen-s-killing-slideshow/', 'Click image to see more photos', 'http://l.yimg.com/cv/ip/ap/default/120411/martinzimmermen.jpg', '630', ' ', 'AP', ], [ [['He was in shock and still strapped to his seat', 6]], 'http://news.yahoo.com/photos/navy-jet-crashes-in-virginia-slideshow/', 'Click image to see more photos', 'http://l.yimg.com/cv/ip/ap/default/120406/jet_ap.jpg', '630', ' ', 'AP', ], [ [['xxxxxxxxxxxx', 11]], 'http://news.yahoo.com/photos/russian-grannies-win-bid-to-sing-at-eurovision-1331223625-slideshow/', 'Click image to see more photos', 'http://l.yimg.com/a/p/us/news/editorial/1/56/156d92f2760dcd3e75bcd649a8b85fcf.jpeg', '500', ' ', 'AP', ] ]

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Source: http://news.yahoo.com/alcoa-inc-posts-2q-net-loss-slowing-economy-202939444--finance.html

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30 quotes from Ringo Starr for his 72nd birthday

Ringo Starr, born Richard Starkey in 1940 in Liverpool, England, became one-fourth of the most famous band in the world when he performed his first show as the drummer for the Beatles in 1962, fifty years ago this year. After the band broke up, Starr recorded albums that included "Beaucoups of Blues," "Ringo," and "Stop and Smell the Roses." Starr also toured multiple times with other musicians such as Levon Helm, Clarence Clemons, Peter Frampton, John Entwistle, his son Zak Starkey, and others under the name Ringo Starr & His All-Starr Band. Last January, he released his latest album titled "Ringo 2012." Here are 30 quotes from Starr on his birthday.

- John Kehe,?Staff

1. Friends

"I get by with a little help from my friends."

John and Paul wrote this "Sgt. Pepper's" favorite for Ringo. He insisted that the boys change the original opening lines ("What would you do if I sang out of tune? Would you stand up and throw tomatoes at me?"), fearing fans might be tempted to take the implied invitation literally.

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Source: http://rss.csmonitor.com/~r/feeds/csm/~3/-gepbETaHzA/30-quotes-from-Ringo-Starr-for-his-72nd-birthday

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Left Coast Rebel: Republicans Regulating Small Business Out of ...

By Clay Bowler, BBCW

John Cullen Hagerty won't be waving his American flag this Fourth of July. His American Dream just got regulated out of business thanks to an interesting provision in the new transportation bill Congress just passed today to be on the fast track to law going into effect on July 1, 2012.

Hagerty owns the Liberty Smoke Shop, Freedom Smoke Shop, and the?Independence?Smoke Shop in Branson, Missouri. Think of it as the Build-a-Bear for tobacco enthusiasts. Hagerty's customers buy various tobaccos and papers, void of all the addictive chemicals and preservatives big?tobacco places in their cigarettes which have led big tobacco in court defending their products. Then his customers rent a high-speed rolling machine that makes their own custom cigarettes...
Consumers can roll 200 cigarettes for a fraction of what 200 Marlboros would cost, and his customers note the quality of the tobacco is much, much better.

It appears Big Tobacco and the fact roll your own cigarettes don't come with the federal taxes inspired enough members in Congress to sneak a provision in the transportation bill that makes the equipment Haggerty uses in his shop illegal to use under the legal conditions Hagerty has been using his machine. According to Hagerty, roll your own cigarettes is a lot like something I know a lot about, brew your own beer. You can escape paying federal taxes by rolling your own just like you can brewing your own beer and it's legal. This, combined with the fact Big Tobacco's lobbyists are very powerful in Washington, may be the driving reason Hagerty will closing his doors as these machines become illegal on July 1, 2012.

The Pittsburgh Post-Gazzette writes about the driving reasons Congress has targeted stores like Hagerty's.

Tobacco purveyors have a love-hate relationship with the high-speed, high-tech "roll-your-own" machines that allow customers to make cigarettes on the cheap. Those who operate them, and profit from them, love the machines. Those who don't say the machines might be illegal and are killing their tobacco businesses.

In the end, the government and the courts will decide whether these machines -- known as RYO filling machines -- represent a massive tax dodge or just a more efficient way to hand-roll cigarettes, something Americans have been doing for centuries.

"These places are manufacturing cigarettes," plain and simple, said Regan Bartley, co-owner of Smoker Friendly, a tobacco chain with stores in West Virginia, Ohio and Maryland. Her stores are in competition with tobacco shops, gas stations, convenience stores and other businesses that buy or lease the machines.

Here's the problem. Technically, Hagerty and other RYO stores have never sold a cigarette they have manufactured. They aren't in the manufacturing business. Like a Build-a-Bear store, users use the equipment to build their own cigarettes. Hagerty rents the roller to his customers.

Of course when you cut out the federal government from the slice of the pie, the federal government is going to find a way to bite back. This is just sad considering our Republic was founded on the ideas of limited government and fair taxation. We know tobacco has become a huge revenue source for the federal government and is taxed unfairly as Congress tries to regulate behavior.

Hagerty and his employees never operate the machines for the customers. They answer questions, but never perform any of the manufacturing steps. Yet the government is trying to call them a?manufacture. This would be the same premise of renting a shovel from your local equipment rental store and then taxing the equipment rental store on the size of the hole dug by the person renting the equipment.

The federal Alcohol and Tobacco Tax and Trade Bureau says the roll-your-own machines take advantage of the "personal use" tobacco tax exemption so customers and stores can avoid paying cigarette excises.


Take advantage of the personal use tobacco tax exemption? So with unemployment rising and Obama, Democrats, and Republicans all touting the merits of small businesses in the American economy, we are going to put stores out of business and tax payers who work at these places in the unemployment line all because people have found a legal way not to pay taxes on something they enjoy?

Yes, especially when you look at the breakdown in Congress.

The House voted 373-52 in favor of the bill, which was supported by every voting Democrat, while 52 Republicans opposed it. In the Senate, the tally was 74-19, with 23 Republicans joining every Democrat in voting for the measure. Sen. Olympia Snowe (R-Maine) voted present, while Sen. Daniel Inouye (D-Hawaii) missed the vote.

Hagerty's own Congressman, Billy Long of Missouri's 7th District, who claims to be in staunch opposition to federal taxes and a friend to the small businessman voted in favor of the bill according to Congressman Long's Washington office, which I contacted this afternoon.

According to the Pittsburgh Post Gazzette, these machines may have the title "high speed" but on average it takes an hour to roll the equivalent of four cartons. This isn't an efficient process considering how little there is to an actual cigarette, but that's not going to stop Fedzilla from chomping down on the small businessman.

Hagerty is letting his customers know that because of this federal legislation, he is being forced to shut the doors on his three locations which create jobs in the Branson area. He is having five employees who will soon be on unemployment.

The Middletown Journal writes this is a joint effort between Republicans and Democrats to tax these small businesses.

In early March, Rep. Diane Black, R-Tenn., introduced House Resolution 4134, a bill amending the definition of a tobacco manufacturer to include ?any person who for commercial purposes makes available for consumer use a machine capable of producing tobacco products.?


In addition, the Secure Rural Schools amendment sponsored by Sen. Max Baucus, D-Mont., and added to a U.S. Senate transportation bill would categorize retailers providing roll-your-own machines to customers as mainstream cigarette manufacturers for federal cigarette tax purposes.


Do these?Republicans?sound like they are small business friendly? Or are the fed by the big tobacco lobby who like the soft drink companies see consumers going to other products to fulfill their needs as these politicians see more revenue they can recklessly spend while threatening the?livelihood?of honest Americans trying to make a living in a tough economy? Once again, I ask is their really a difference between the two parties. They are fed by big corporations and always looking to feed on Americans by expanding the tax base. I don't see much difference between the two at all.

Hagerty says he can keep his shop open, but to maintain the costs of the federal stamps and the federal license required to produce cigarettes is so far out of reach for a store his size that he can't possibly afford to become a federally licensed?manufacturer.

Once again, we see how government regulations kill the American dream. This time it's a Branson businessman who contributed to his country by creating jobs, contributing to the economy, paying federal income taxes, and collecting sales taxes for his community. Because he didn't pay a federal?excise tax to his federal masters, Hagerty and so many RYO businesses like his have become victims of the federal leviathan.

In a sad goodbye to his customers, a veteran broke down in tears in Hagerty's store wondering what the hell is going on in the country he fought for that he can't buy a bag of tobacco and rent a machine to roll his own cigarettes. It really is a sad statement about our country, a country founded upon great wealth thanks to tobacco.

Source: http://www.leftcoastrebel.com/2012/07/republicans-regulating-small-business.html

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