Apple edges out Samsung for mobile phone sales lead in fourth quarter






SAN FRANCISCO (Reuters) – Apple Inc became the top mobile phone seller for the first time in the lucrative U.S. market during the fourth quarter of 2012, outshining arch rival Samsung Electronics Co Ltd, a report by Strategy Analytics showed.


Apple‘s share of the U.S. mobile phone market, including feature phones and smartphones, jumped to 34 percent from 26 percent, while Samsung’s share grew to 32.3 percent from 31.8 percent, the research firm said.






Samsung had been the top mobile phone vendor in the US since 2008, the firm said. Indeed, for the full year, Samsung still held the crown for mobile phone sales; it had a 31.8 percent share of the U.S. market in 2012, against Apple’s 26.2 percent.


Apple investors have recently been anxious about the future growth prospects for the company amid intense competition from Samsung’s cheaper phones, powered by Google’s Android software, and signs the premium smartphone market may be close to saturation in developed markets.


Overall, mobile phone shipments rose 4 percent to 52 million units in the U.S. during the fourth quarter of 2012, driven by strong demand for 4G smartphones and 3G feature phones.


But in all of 2012, U.S. mobile phone shipments fell 11 percent to 166.9 million, Strategy Analytics said.


Apple sold 17.7 million iPhones in the U.S. in the fourth quarter, up 38 percent from the previous year, driven by aggressive marketing of its new iPhone 5 and steep carrier subsidies, the firm said. Samsung shipped 16.8 million phones during the same period.


In the international arena, Samsung Electronics, with a range of handsets, has overtaken Apple as the world’s top smartphone seller.


(Reporting by Poornima Gupta; Editing by Bernadette Baum)


Tech News Headlines – Yahoo! News





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The Lede Blog: Video and Images of New Clashes in Cairo

As our colleagues Kareem Fahim and David Kirkpatrick report, Egyptian protesters clashed with riot police officers outside the presidential palace in Cairo on Friday night.

Protesters hurled rocks and launched fireworks over the building’s outer wall, setting fire to a guard tower and drawing a robust response from security forces, who protesters said fired tear gas, rubber bullets and birdshot, causing many to flee through the streets of an upper-class Cairo neighborhood. A well-known rights lawyer, Ragia Omran, reported on Twitter that one protester died after being shot in the head and neck outside the palace.

Video, photographs and text reports uploaded by activist bloggers and journalists on the scene showed the clashes, as protesters hurled rocks and launched fireworks over the palace walls, setting fire to a guard tower, and officers fired tear gas, rubber bullets and birdshot, causing many to flee through the streets of the upper-class Cairo neighborhood. In one instantly notorious incident that unfolded on live television, officers stripped and beat a protester outside the palace.

Earlier on Friday, video posted online by Tahrir News, an independent news organization, appeared to show officers setting fire to a small tent city that protesters had erected outside the walls of the palace.

Members of the Egyptian security forces set fire on Friday to a tent city erected by protesters outside the presidential palace

Video posted online by Magdy Samaan, an Egyptian journalist, appeared to show protesters hurling Molotov cocktails and setting a guard tower alight, as the crowd chanted for President Mohamed Morsi to “Leave!” Off camera, protesters could also be heard chanting “The People Want the Fall of the Regime,” another signature chant of the Egyptian revolution.

Video shot by an Egyptian journalist outside the presidential palace in Cairo on Friday showed protesters setting fire to a guard tower.

After the protests against Egypt’s new Islamist president turned violent, the Muslim Brotherhood’s official English-language Twitter feed, @Ikhwanweb, drew attention to video of protesters throwing rocks and launching fireworks over the walls of the palace from Al-Hayat, a satellite news channel. Mr. Morsi, long a senior leader of the Brotherhood, was the movement’s candidate for the presidency.

Video aired by Al-Hayat TV station showed protesters throwing rocks and launching fireworks over the walls of the presidential palace in Cairo.

Mr. Morsi’s office posted condemned the protesters in updates on Twitter, and even tried to reclaim the mantle of the 2011 revolution.

Until Mr. Morsi was sworn into office last summer, protests outside the presidential palace were all but unheard of and clashes with the hated security forces typically took place outside police stations or the downtown headquarters of the Interior Ministry. As the activist blogger Wael Eskandar noted, that changed in early December.

After Islamist supporters of the president attacked protesters outside the palace in December, the Muslim Brotherhood was blamed for provoking the violence. On Friday, a note posted on Ikhwanweb said that the Brotherhood would not call on rank-and-file members to defend the presidential palace.

As the clashes between the security forces and protesters escalated on Friday night, Bel Trew, a British journalist for the state news site Ahram Online, reported from the scene that officers of the Central Security Forces were shooting at protesters, or those they believed to be protesters, at close range.

She also reported seeing the police shoot one man with birdshot at close range outside a Costa Cafe. He was not a protester, but a cafe employee leaving work, she said.

Protesters also gathered in Tahrir Square in downtown Cairo on Friday, where witnesses said the scene was much more subdued.

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NFL's Goodell: Proper tackling, HGH key issues


NEW ORLEANS (AP) — NFL Commissioner Roger Goodell says the league needs to make football safer by doing more to eliminate blows to the head and knees and by suspending players for illegal hits.


During his annual news conference two days before the Super Bowl, Goodell also said Friday he wants a "new generation" of the Rooney Rule because "we didn't have the outcomes we wanted" when none of 15 recent coach and general manager jobs were given to a minority candidate.


Goodell hopes and expects testing for human growth hormone to start next season, even though the league and the players' union are still at an impasse after 18 months of back-and-forth.


He vowed to be "relentless" about keeping pay-for-pain bounties out of the game.


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Well: Gluten-Free Muffin Recipes

For people who need to eliminate gluten from their diet, baking becomes a challenge. Beginners often find gluten-free baked goods too dense. Even the Recipes for Health columnist Martha Rose Shulman didn’t like the flavor of a commercial gluten-free flour mix, which left her gluten-free cookies and tart-shells with a strong taste of bean flour. As a result, she created her own gluten-free mix for baking muffins. She writes:

My son Liam still doesn’t know that the muffins he has been devouring all week are gluten-free.

I put together my own gluten-free flour mix, one without bean flour, and turned to America’s favorite Gluten-Free Girl, Shauna James Ahem, for guidance. I was already thinking about making muffins, and I wanted a mix that could replace the whole wheat flour I usually use in conjunction with other grains or flours. Her formula for a whole-grain flour mix is simple – 70 percent ground gluten-free grain like rice flour, millet flour, buckwheat flour or teff (the list on her site is a long one) and 30 percent starch like potato starch, cornstarch or arrowroot.

For this week’s recipes, I used what I had, which was brown rice flour, potato starch and cornstarch – 20 percent potato starch and 10 percent cornstarch — and that’s the basis for the nutritional analyses of this week’s recipes. I used this mix in conjunction with a gluten-free meal or flour, so the amount of pure starch in the batters is much less than 30 percent.

When you bake anything it is much simpler and results are more consistent if you use grams and scale your ingredients. This is especially true with gluten-free baking, since you are working with grain and starch formulas. Digital scales are not expensive and I urge you to switch over to this method if you like to bake. I have given approximate cup measures so the recipes will work both ways, but scaling is more accurate.

Here are five ways to bake gluten-free muffins:

Gluten-Free Banana Chocolate Muffins: These dark chocolate muffins taste more extravagant than they are.


Gluten-Free Cornmeal, Fig and Orange Muffins: A sweet and grainy cornmeal mixture makes for a delicious muffin.


Gluten-Free Whole Grain Cheese and Mustard Muffins: A savory muffin with a delicious strong flavor.


Gluten-Free Buckwheat, Poppy Seed and Blueberry Muffins: The buckwheat flour is high-fiber and makes a dark, richly-flavored muffin.


Gluten-Free Cornmeal Molasses Muffins: Strong molasses provides a good source of iron in an easy-to-make muffin.


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Bits Blog: The Origins of 'Big Data' : An Etymological Detective Story

Words and phrases are fundamental building blocks of language and culture, much as genes and cells are to the biology of life. And words are how we express ideas, so tracing their origin, development and spread is not merely an academic pursuit but a window into a society’s intellectual evolution.

Digital technology is changing both how words and ideas are created and proliferate, and how they are studied. Just last month, for example, the Library of Congress said its archive of public Twitter messages has reached 170 billion tweets and rising, by about 500 million tweets a day.

The Library of Congress archive, resulting from a deal struck with Twitter in 2010, is not yet open to researchers. But the plan is that it soon will be. In a white paper, the Library said that social media promises to be a rich resource that provides “a fuller picture of today’s cultural norms, dialogue, trends and events to inform scholarship, the legislative process, new works of authorship, education and other purposes.”

The new digital forms of communication — Web sites, blog posts, tweets — are often very different from the traditional sources for the study of words, like books, news articles and academic journals.

“It’s almost like oral language instead of edited text,” said Fred R. Shapiro, editor of the “Yale Book of Quotations” and an associate librarian at the Yale Law School. “It’s the way of the future.”

The unruly digital data of the Web is a big ingredient in what is now being called “Big Data.” And as it turns out, the term Big Data seems to be most accurately traced not to references in news or journal archives, but to digital artifacts now posted on technical Web sites, appropriately enough.

To our modest tale of word sleuthing: Last August, I wrote a Sunday column about 2012 being the breakout year for Big Data as an idea, in the marketplace, and as a term.

At the time, I did some reporting on the roots of the term, and I asked Mr. Shapiro of Yale to dig into it. He scoured data bases and came up with several references, including in press releases for product announcements and one intriguing use of the term by a now-famous author (more on that later).

But Mr. Shapiro couldn’t find anything as crisp and definitive as he had done for me years earlier when I asked him to try to find the first reference to the word “software” as a computing term. It was in 1958, in an article in “The American Mathematical Monthly,” written by John Tukey, a Princeton mathematician.

So, without a conclusive answer, I didn’t write about the origins of the term Big Data in that Sunday column. But afterward, I heard from people who had ideas on the subject.

Francis X. Diebold, an economist at the University of Pennsylvania, got in touch and even wrote a paper, with the mildly tongue-in-cheek title, “I Coined the Term ‘Big Data’ ” I had not thought of economics as the breeding ground for the term, but it is not unreasonable. Some of the statistical and algorithmic methods now in the Big Data tool kit trace their heritage to economic modeling and Wall Street.

Mr. Diebold staked a claim based on his paper, “Big Data Dynamic Factor Models for Macroeconomic Measurement and Forecasting,” presented in 2000 and published in 2003. The economic-modeling paper was first academic reference found to Big Data, according to research by Marco Pospiech, a Ph. D. candidate at the Technical University of Freiberg in Germany.

By then, I had heard from Douglas Laney, an veteran data analyst at Gartner. His said the father of the term Big Data might well be John Mashey, who was the chief scientist at Silicon Graphics in the 1990s.

I replied to Mr. Diebold that I thought from what I had seen he probably had plenty of competition. And I passed along the e-mail correspondence I had received. Mr. Diebold said thanks much, and added that he had a University of Pennsylvania research librarian looking into it as well.

The term Big Data is so generic that the hunt for its origin was not just an effort to find an early reference to those two words being used together. Instead, the goal was the early use of the term that suggests its present connotation — that is, not just a lot of data, but different types of data handled in new ways.

The credit, it seemed to me, should go to someone who was aware of the computing context. That is why, in my view, a very intriguing reference, discovered by the Yale researcher Mr. Shapiro, does not qualify.

In 1989, Erik Larson, later the author of bestsellers including “The Devil in the White City” and “In The Garden of Beasts,” wrote a piece for Harper’s Magazine, which was reprinted in The Washington Post. The article begins with the author wondering how all that junk mail arrives in his mailbox and moves on to the direct-marketing industry. The article includes these two sentences: “The keepers of big data say they do it for the consumer’s benefit. But data have a way of being used for purposes other than originally intended.”

Prescient indeed. But not, I don’t think, a use of the term that suggests an inkling of the technology we call Big Data today.

Since I first looked at how he used the term, I liked Mr. Mashey as the originator of Big Data. In the 1990s, Silicon Graphics was the giant of computer graphics, used for special-effects in Hollywood and for video surveillance by spy agencies. It was a hot company in the Valley that dealt with new kinds of data, and lots of it.

There are no academic papers to support the attribution to Mr. Mashey. Instead, he gave hundreds of talks to small groups in the middle and late 1990s to explain the concept and, of course, pitch Silicon Graphics products. The case for Mr. Mashey is on the Web sites of technical and professional organizations, like Usenix. There, some of his presentation slides from those talks are posted, including “Big Data and the Next Wave of Infrastress” in 1998.

For me, looking for the origins of Big Data has been a matter of personal curiosity, something to get back to someday and write up on a weekend.

When I called Mr. Mashey recently, he said that Big Data is such a simple term, it’s not much a claim to fame. His role, if any, he said, was to popularize the term within a portion of the high-tech community in the 1990s. “I was using one label for a range of issues, and I wanted the simplest, shortest phrase to convey that the boundaries of computing keep advancing,” said Mr. Mashey, a consultant to tech companies and a trustee of the Computer History Museum in Mountain View, Calif.

At the University of Pennsylvania, Mr. Diebold kept looking into the subject as well. His follow-up inquiries, he said, proved to be “a journey of increasing humility.” He has written to two papers since the first one.

His most recent paper concludes: “The term Big Data, which spans computer science and statistics/econometrics, probably originated in the lunch-table conversations at Silicon Graphics in the mid-1990s, in which John Mashey figured prominently.”

Tracing the origins of Big Data points to the evolution in the field of etymology, according to Mr. Shapiro. The Yale researcher began his word-hunting nearly 35 years ago, as a student at the Harvard Law School, poring through the library stacks. He was an early user of databases of legal documents, news articles and other documents, in computerized archives.

The Web, Mr. Shapiro said, opens up new linguistic terrain. “What you’re seeing is a marriage of structured databases and novel, less structured materials,” he said. “It can be a powerful tool to see far more.”

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OpenStack at Linux.conf.au 2013






I’m writing this blog post from Canberra Australia, while attending the Linux.conf.au (LCA) open source conference. Among the people who do these sorts of things, LCA has a well deserved reputation as one of the very best open source conferences in the world.


Geeks from across Australia and New Zealand, and from across the rest of the world, come together for a week in January (summer in this part of the world) to talk about everything from the intricate technical details of Linux kernel design to pushing the state of the art in file systems and issues deploying practical wireless cryptography. Softer but equally important topics such as Open Government, gender balance in technology, and international legal issues are also discussed. Read more about OpenStack at Linux.conf.au 2013 »






Linux/Open Source News Headlines – Yahoo! News





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Hagel Offers Endorsement of U.S. Military Might




Tough Questions for Hagel at Hearing:
Chuck Hagel, President Obama’s nominee for secretary of defense, had some sharp exchanges with Senator John McCain.







WASHINGTON — Chuck Hagel, President Obama’s nominee to be secretary of defense, came under sharp and sometimes angry questioning Thursday on a wide range of issues from fellow Republicans at his Senate confirmation hearing, including from his old friend, Senator John McCain, the Arizona Republican who is still smoldering about their break over the Iraq war.




Mr. Hagel, 66, a former senator from Nebraska and a decorated Vietnam veteran who would be the first former enlisted soldier to be secretary of defense, often seemed tentative in his responses to the barrage from fellow Republicans on the Senate Armed Services Committee, who showed him little deference and frequently cut him off.


One of the most hostile questioners was Senator Lindsey Graham of South Carolina, who told Mr. Hagel to “give me an example of where we’ve been intimidated by the Israel-Jewish lobby to do something dumb.'’ Mr. Hagel, who in 2006 said the “Jewish lobby” intimidates Congress, could not.


From Mr. Hagel's home state, Senator Deb Fischer told Mr. Hagel that he held "extreme views" that were "far to the left of this administration.'' Senator Ted Cruz, Republican of Texas, surprised the hearing with excerpts on a giant video screen from an interview Mr. Hagel gave to Al Jazeera in 2009. Although it was difficult to hear the short clips he provided, Mr. Cruz asserted that they showed Mr. Hagel agreeing with a caller who suggested that Israel had committed war crimes.


“Do you think the nation of Israel has committed war crimes?'’ Mr. Cruz demanded.


“No, I do not, Senator,'’ Mr. Hagel replied.


But his exchange with Mr. McCain was the most notable, given that the two former Vietnam veterans were close friends when they served in the Senate until Mr. Hagel’s views on the Iraq War caused a split. In 2008, Mr. Hagel did not endorse Mr. McCain for president and traveled with Mr. Obama, then a senator from Illinois, to Iraq and Afghanistan.


Mr. Hagel dodged a direct answer as Mr. McCain asked him repeatedly if history would judge whether Mr. Hagel was right or wrong in opposing the surge in American armed forces when he was in the Senate. The escalation, along with other major factors, is credited in helping to quell the violence in Iraq at the time. When Mr. Hagel said he wanted to explain, Mr. McCain bore in.


“Are you going to answer the question, Senator Hagel — the question is whether you were right or wrong?” Mr. McCain said.


“I’m not going to give you a yes or no answer,” Mr. Hagel replied.


Mr. McCain did not let up.


"I think history has already made a judgment about the surge, sir, and you’re on the wrong side of it,” Mr. McCain said, then seemed to threaten that he would not vote for Mr. Hagel if he did not answer the question.


It took the next questioner, Senator Bill Nelson, Democrat of Florida, to draw Mr. Hagel out on the subject. “I did question the surge,” Mr. Hagel said. “I always asked the question, is this going to be worth the sacrifice?” He said 1,200 American men and women lost their lives in the surge. “I’m not certain it was required,” Mr. Hagel said. “Now, it doesn’t mean I was right.”


Despite the theatrics, it was unclear how the committee would vote on Mr. Hagel’s nomination. He needs a majority of the 26-member panel, which includes 14 Democrats, almost all of whom are likely to support his nomination. And there remained a possibility that perhaps one or two Republicans would join them. If Mr. Hagel advances out of the committee, he would have an easier time when the entire Senate votes on his confirmation.


The onslaught by Republicans, however, began even before Mr. Hagel made his opening statement.


The ranking Republican on the committee, Senator James M. Inhofe of Oklahoma, told Mr. Hagel that he would not vote for him because of his position of “appeasing” America’s adversaries.


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Ready to rumble: Super Bowl fans get in the game


NEW YORK (AP) — You don't have to be a football player to be a part of the action on Super Bowl Sunday.


Coca-Cola is asking people to vote for an online match between three groups competing in a desert for a Coke on Game Day. Pepsi and Toyota are using viewers' photos in their ads. Audi let people choose the end of its Super Bowl ad, while Lincoln based its spot on more 6,000 tweets from fans about their road trips.


These are just some ways advertisers have found to get viewers involved in the excitement on Game Day by luring them online. And they're going well beyond encouraging fans to tweet or "like" their ads on websites like Twitter Facebook.


They're trying to get the most of their Super Bowl ads, which cost nearly $4 million for a 30-second spot, by drawing people online. Companies that advertise during the Super Bowl get a 20 percent increase in Web traffic on the day of the game, according to the analytics arm of software maker Adobe. They also have a higher online audience than average in the week after.


"We're seeing better and more unique ways of getting people involved," said Robert Kolt, an advertising instructor at Michigan State University. "You want people to be engaged."


PepsiCo, which is sponsoring the Super Bowl halftime show, said its goal was to create buzz online with a monthlong campaign that went well beyond a voiceover saying "brought to you by Pepsi."


For about two weeks, Pepsi asked fans online and via a digital billboard in New York's Times Square to submit their photos for a chance to appear in a 30-second "intro" spot to air right before the halftime show.


The company said the effort was more popular than it expected: Pepsi expected to get 2,000 photos, but got 100,000 instead. About 1,000 photos were chosen to be a part of the intro. They will be stitched together in a "flipbook" style video that appears to show one person jumping to the tune of "Countdown," a song by Beyoncé, who is performing during the halftime show.


"We don't just want (viewers) on pepsi.com, we want them telling their friends 'I just did something with Pepsi," said Angelique Krembs, vice president of trademark Pepsi marketing. "You want the friend to tell the friend about Pepsi. You don't want Pepsi to always be the one talking about Pepsi."


Ford Motor Co.'s Lincoln enlisted Jimmy Fallon, host of NBC's "Late Night with Jimmy Fallon," to sift through thousands of tweets submitted by fans about road trips for its Super Bowl spot.


The story line for the 30-second ad, which was developed from 6,117 tweets, features rapper Joseph "Rev Run" Simmons and Wil Wheaton, who acted in the iconic science-fiction series "Star Trek: The Next Generation."


"We drove passed an alpaca farm, a few of them were meandering on the highway and my sister screamed, "It's the Alpacalypse!," reads one tweet.


"Drove through a movie set in Palmdale, Calif., and didn't realize it. Got out and enjoyed the catered food," reads another tweet.


Coca-Cola created an online game that pits a troupe of showgirls, biker-style "badlanders" and cowboys against each other in a race to find a Coke in the desert. Viewers are encouraged to vote for their favorite group and set up obstacles that delay other groups on CokeChase.com. Obstacles include a traffic light or getting a pizza delivered, which waste time.


The game is alluded to in a Super Bowl ad and the winning group — which has the most "for" votes and the least "obstacle" votes will be announced after the game. Coke will also give the first 50,000 people who vote a free Coke. The campaign is more interactive than Coca-Cola's online effort last year, which featured a real-time animation of Polar Bears reacting to what was happening during the Super Bowl.


"Last year's effort was much more passive. It was you watching bears watching the game," said Pio Schunker, senior vice president of integrated marketing. "This year we thought, 'Can we up ante on the fun factor by handing the reins over to consumers?'"


Audi let viewers choose one of three possible endings for its Game Day spot by voting online on Jan. 25 for 24 hours.


The ad shows a boy who gets enough confidence from driving his father's Audi to the prom to kiss his dream girl, even though he is then decked by her boyfriend. Audi allowed people to vote for one of three potential endings for the ad.


In one possible ending, the boy drives home alone in triumphant. Another ending shows him palling around with friends. The third shows the boy going home and finding a prom picture of his parents in which his dad has a similar black eye.


The first ending, called "Worth it," won.


Audi, which declined to say how many people voted, said "Worth It," was by far the most popular, getting more than half of the total views and the most "thumbs up" out of all three versions


"This year, Audi wanted to elevate fan interaction by allowing them to take part in the creative process and have a voice in how our spot should end," said Loren Angelo, Audi's general manager of brand marketing. "


The strategy seems to be working. On YouTube, the Audi ad is the third-most viewed Super Bowl ad so far, with 2.5 million views, behind a Toyota ad staring Kaley Cuoco of CBS' "The Big Bang Theory" and a teaser for Mercedes-Benz featuring supermodel Kate Upton, according to YouTube.com


________


Online:


Coca-Cola "Coke Chase" campaign: www.cokechase.com


Pepsi's "Halftime" campaign: http://halftime.pepsi.com/


Toyota's "Wish Granted" ad: http://www.youtube.com/user/ToyotaUSA?feature=watch


Ford's Lincoln "Steer the Script" campaign: http://www.steerthescript.com/


Audi's "Prom" ad: http://www.youtube.com/watch?v=ANhmS6QLd5Q


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Anti-Wal-Mart Labor Groups Agree to Stop Picketing the Chain







(Reuters) - Labor groups that have long spoken out against Wal-Mart Stores Inc will stop much of their picketing against the world's largest retailer, though they still plan to continue to push the company to improve working conditions.




The United Food and Commercial Workers International Union, or UFCW, and OUR Walmart reached an agreement with the National Labor Relations Board, the groups and Walmart U.S., said on Thursday.


The labor groups claim that they were not trying to unionize Walmart workers with their actions, which included a small number of Walmart's more than 1.3 million U.S. employees engaging in protests outside of Walmart stores.


The agreement comes after Wal-Mart filed an unfair labor practice charge against the UFCW in November, asking the NLRB to halt what the retailer said were unlawful attempts to disrupt its business.


The UFCW and OUR Walmart - a UFCW-supported group of current and former Wal-Mart workers - said that they do not intend to have Wal-Mart recognize or bargain with them as the representative of Wal-Mart employees.


Walmart said that many of the union's demonstrations and pickets before Black Friday were illegal, a claim that the UFCW denied. OUR Walmart said its protests were legally protected.


The UFCW and OUR Walmart will stop any unlawful recognitional picketing, will stop encouraging unlawful disruptions by other affiliated groups and will stop any picketing at Walmart stores and facilities for at least 60 days.


Recognitional picketing is done to try to get an employer to recognize a union as the bargaining representative for its employees and is subject to certain restrictions under the National Labor Relations Act.


The groups also said they would not fight it if the NLRB sought a temporary injunction against any future activity that it found to be the equivalent of picketing.


BUSINESS AS USUAL


Wal-Mart filed with the NLRB after groups planned major protests at its stores for Black Friday, a busy shopping day. The NLRB did not issue any ruling before that day, and while several protests took place they did not hurt sales, as the Walmart chain of thousands of stores across the United States said it had its best Black Friday ever.


The agreement is unlikely to make a huge difference to the campaign, as OUR Walmart, the UFCW and others can still publicly voice their concerns without doing anything that would be legally defined as picketing, said John Logan, professor of labor and employment studies at San Francisco State University.


OUR Walmart said the agreement does not limit its ability to help employees in their dealings with Walmart over labor rights and standards. The UFCW said that the pact allows the union to continue its support of OUR Walmart and its supporters. The groups said that they are not trying to unionize at Walmart.


"It seems to me they're trying to come very close to the edge," said Ronald Meisburg, a partner at law firm Proskauer, who was the NLRB's general counsel from 2006 to 2010 and also served a recess appointment as a board member for one year.


The agreement is "a big victory for the company," he added.


In mid-January, Walmart said that it would give part-time workers the first shot at full-time positions. It also plans to make scheduling more transparent, giving part-time workers the ability to choose more of their own hours.


"Walmart is hearing us and at least starting to make changes that will improve the lives of workers and their families and our communities, and we will continue to raise our voices until there is real change at Walmart," Colby Harris, a member of OUR Walmart from Dallas, said in a statement provided by the group.


Members of OUR Walmart pay dues of $5 per month.


(Reporting by Jessica Wohl in Chicago; Editing by Gerald E. McCormick and Carol Bishopric)


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TSX closes lower as RIM, Fed decision weigh






TORONTO (Reuters) – Canada’s main stock index closed lower on Wednesday, hurt by a fall in Research In Motion Ltd after it released its long-awaited BlackBerry 10 devices, and broad market weakness after the U.S. Federal Reserve decided to leave its stimulus program intact.


The Toronto Stock Exchange‘s S&P/TSX composite index <.gsptse> closed 36.12 points, or 0.28 percent, lower at 12,794.44. Nine of the 10 main sectors on the index declined.</.gsptse>






(Reporting by John Tilak; Editing by Peter Galloway)


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