Samsung goes after HTC deal to undercut Apple-filing

SAN FRANCISCO (Reuters) – When Apple Inc and HTC Corp last week ended their worldwide legal battles with a 10-year patent licensing agreement, they declined to answer a critical question: whether all of Apple‘s patents were covered by the deal.

It’s an enormously important issue for the broader smartphone patent wars. If all the Apple patents are included -including the “user experience” patents that the company has previously insisted it would not license – it could undermine the iPhone makers efforts to permanently ban the sale of products that copy its technology.

Samsung Electronics Co Ltd, which could face such a sales ban following a crushing jury verdict against it in August, now plans to ask a U.S. judge to force Apple to turn over a copy of the HTC agreement, according to a court filing on Friday.

Representatives for Apple and Samsung could not immediately be reached for comment.

Judges are reluctant to block the sale of products if the dispute can be resolved via a licensing agreement. To secure an injunction against Samsung, Apple must show the copying of its technology caused irreparable harm and that money, by itself, is an inadequate remedy.

Ron Laurie, managing director of Inflexion Point Strategy and a veteran IP lawyer, said he found it very unlikely that HTC would agree to a settlement that did not include all the patents.

If the deal did in fact include everything, Laurie and other legal experts said that would represent a very clear signal that Apple under CEO Tim Cook was taking a much different approach to patent issues than his predecessor, Steve Jobs.

Apple first sued HTC in March 2010, and has been litigating for more than two years against handset manufacturers who use Google’s Android operating system.

Apple co-founder Jobs promised to go “thermonuclear” on Android, and that threat has manifested in Apple’s repeated bids for court-imposed bans on the sale of its rivals’ phones.

Cook, on the other hand, has said he prefers to settle rather than litigate, if the terms are reasonable. But prior to this month, Apple showed little willingness to license its patents to an Android maker.

HOLY PATENTS

In August, a Northern California jury handed Apple a $ 1.05 billion verdict, finding that Samsung’s phones violated a series of Apple’s software and design patents.

Apple quickly asked U.S. District Judge Lucy Koh to impose a permanent sales ban on those Samsung phones, and a hearing is scheduled for next month in San Jose, California.

In a surprise announcement on Saturday, however, Apple and HTC announced a license agreement covering “current and future patents” at both companies. Specific terms are unknown, though analysts have speculated that HTC will pay Apple somewhere between $ 5 and $ 10 per phone.

During the Samsung trial, Apple IP chief Boris Teksler said the company is generally willing to license many of its patents – except for those that cover what he called Apple’s “unique user experience” like touchscreen functionality and design.

However, Teksler acknowledged that Apple has, on a few occasions, licensed those holy patents – most notably to Microsoft, which signed an anti-cloning agreement as part of the deal.

In opposing Apple’s injunction request last month, Samsung said Apple’s willingness to license at all shows money should be sufficient compensation, court documents show.

Apple has already licensed at least one of the prized patents in the Samsung case to both Nokia and IBM. That fact was confidential until late last year, when the court mistakenly released a ruling with details that should have been hidden from public view.

In a court filing last week, Apple argued that its Nokia, IBM and Microsoft deals shouldn’t stand in the way of an injunction. Microsoft’s license only covers Apple patents filed before 2002, and IBM signed several years before the iPhone launched, according to Apple.

“IBM’s agreement is a cross license with a party that does not market smartphones,” Apple wrote.

Apple’s seeming shift away from Jobs-style war, and toward licensing, may also reflect a realization that injunctions have become harder to obtain for a variety of reasons.

Colleen Chien, a professor at Santa Clara Law in Silicon Valley, said an appellate ruling last month that tossed Apple’s pretrial injunction against the Samsung Nexus phone raised the legal standard for everyone.

“The ability of technology companies to get injunctions on big products based on small inventions, unless the inventions drive consumer’s demand, has been whittled away significantly,” Chien said.

The case in U.S. District Court, Northern District of California is Apple Inc v. Samsung Electronics Co Ltd et al, 11-1846.

(Reporting By Dan Levine and Poornima Gupta; Editing by Bernard Orr)

Tech News Headlines – Yahoo! News

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EU drug regulator OKs Novartis' meningitis B shot

LONDON (AP) — Europe's top drug regulator has recommended approval for the first vaccine against meningitis B, made by Novartis AG.

There are five types of bacterial meningitis. While vaccines exist to protect against the other four, none has previously been licensed for type B meningitis. In Europe, type B is the most common, causing 3,000 to 5,000 cases every year.

Meningitis mainly affects infants and children. It kills about 8 percent of patients and leaves others with lifelong consequences such as brain damage.

In a statement on Friday, Andrin Oswald of Novartis said he is "proud of the major advance" the company has made in developing its vaccine Bexsero. It is aimed at children over two months of age, and Novartis is hoping countries will include the shot among the routine ones for childhood diseases such as measles.

Novartis said the immunization has had side effects such as fever and redness at the injection site.

Recommendations from the European Medicines Agency are usually adopted by the European Commission. Novartis also is seeking to test the vaccine in the U.S.

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Blast rocks Gulf oil rig, two missing

Ships and helicopters are searching for two oil rig workers who disappeared when an explosion rocked a gulf oil rig off the coast of Louisiana and set it on fire, Coast Guard officials said.

Eleven other crew members were flown to hospitals, and four of them are listed in critical condition. No one has been confirmed dead.

Earlier reports by the Coast Guard that as many as 15 people were unaccounted for were resolved as the workers were located.

Among the injured were four who were airlifted for medical treatment to the West Jefferson Medical Center, where they are in critical condition after suffering serious burns. All four are intubated and will be evacuated to Baton Rouge Burn Center when they are stabilized, according to West Jefferson spokesman Taslin Alfonzo.

Three helicopters and two rescue boats are scouring the water looking for the missing crew members, according to Ed Cubanski, chief of the U.S. Coast Guard response.

The Coast Guard said that a Black Elk Energy Co. oil and natural gas platform caught fire after workers using a torch cut a line that had 28 gallons of oil in it, causing an explosion.

Black Elk's CEO, John Hoffman, said that the wrong tool was used in cutting the line. Contract workers should have used a saw instead of a torch, which caught vapors and caused the blast. The workers were employees of Grand Isle Shipyard, not Black Elk, he said. All of the individuals were men.

The rig was offline for maintenance and was scheduled to go back online for production later this month.

There were 22 people on board at the time of the explosion, according to the Coast Guard.

An oil sheen a half mile long and 200 yards wide has spread over the water surrounding the platform, which sits in 56 feet of water. The platform was shut down for the work at the time of the accident, Cubanski said.

The platform was located about 20 nautical miles southeast of Grand Isle, La., when the explosion happened, Vega said.

The explosion and fire comes the day after BP agreed to a $4 billion settlement for the 2010 Deepwater Horizon explosion in the gulf, triggering the worst offshore oil spill in the country's history.

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Afghan officials: Pakistan frees Taliban detainees

KABUL, Afghanistan (AP) — Pakistan has freed eight Taliban prisoners and has agreed to release many more to help kick start a peace process that could lead to a political resolution of the 11-year-old Afghan war, Afghan officials said Thursday.

The decision to release the prisoners, including the former justice minister from when the repressive Taliban ruled Afghanistan, is seen as a signal that neighboring Pakistan might be willing to take concrete steps to revive efforts to lure the group to the negotiating table.

The three Afghan officials, who spoke on condition of anonymity as they are not yet authorized to discuss the results of the sensitive meetings in Islamabad, are familiar with the four-day trip that the Afghan government's peace council made there this week.

The U.S. and its allies fighting in Afghanistan are pushing to strike a peace deal with the Taliban so they can withdraw most of their troops by the end of 2014. But considerable obstacles remain, and it is unclear whether the Taliban even intend to take part in the process, rather than just wait until foreign forces withdraw.

Pakistan is seen as key to the peace process. Islamabad has ties to the Taliban that date back to the 1990s, and many of the group's leaders are believed to be based on Pakistani territory, having fled there following the U.S.-led invasion of Afghanistan in 2001.

The officials said the first group of prisoners was released on Wednesday as a goodwill gesture, and that Pakistani officials had agreed to free anywhere from 15 to 32 more prisoners in the future to help build traction for formal talks with the Taliban.

Two of the officials said former Taliban Justice Minister Nooruddin Turabi was among those released on Wednesday. Turabi, a native of Kandahar who is in his late 40s or early 50s, is missing an eye and has only one leg. He is believed to have played a role in the destruction of two, 1,500-year-old sandstone Buddha statues that once towered some 180 feet high in central Afghanistan. The Taliban, who considered them symbols of paganism, destroyed them in 2001.

A joint statement issued by Pakistan and Afghanistan on Wednesday said "a number of Taliban detainees are being released" to support the peace process at the request of the Afghan government. It also called on the Taliban and other armed opposition groups to participate in peace talks and sever links with al-Qaida. Neither the Pakistani nor Afghan governments have officially confirmed the identities of the prisoners released.

However, one of the officials familiar with the peace process gave The Associated Press a list of the Taliban prisoners — some identified by only one name — that Pakistan agreed to release. The eight prisoners on the list were:

—Turabi.

—Jahangirwal, who was a special assistant for the Taliban's top leader, Mullah Omar.

—Qutub, a Taliban leader.

—Abdul Salaam, the Taliban's former governor of Baghlan province.

—Maulvi Matiullah, who was director of the customs house in Kabul under the Taliban regime;

—Mahamad, the Taliban's former governor of Kunduz province.

—Sayed Saduddin Agha, a former Taliban commander.

—Allah Dad, the Taliban's former deputy minister of communication.

The eight are among 40 Taliban prisoners that the Afghan government has asked Pakistan to release.

Also on the list of 40 is the Taliban's former deputy leader, Mullah Abdul Ghani Baradar, who was captured in Pakistan in 2010.

Baradar is seen by some as crucial to the peace process. Baradar was reportedly conducting talks with the Afghan government that were kept secret from the Pakistanis, and his arrest in the sprawling southern port city of Karachi reportedly angered Afghan President Hamid Karzai.

Pakistan helped the Taliban seize control of Afghanistan in the 1990s — providing funding, weapons and intelligence — and the Afghan government and the U.S. have accused Islamabad of continuing to support the group. Pakistan has denied the allegations, but many analysts believe the country continues to see the militant group as an important ally in Afghanistan to counter archenemy India.

However, Pakistan is also worried about instability in Afghanistan following the planned withdrawal of foreign forces. If civil war breaks out again as it did in the 1990s, hundreds of thousands of Afghan refugees could stream across the border into Pakistan. Violence could also give greater cover to Pakistani militants who are at war with Islamabad.

These concerns have made a peace deal more urgent in the minds of Pakistanis.

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Associated Press writers Kathy Gannon in Islamabad, Pakistan, and Deb Riechmann in Kabul contributed to this report.

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GameStop profit beats forecast; cautiously eyes holiday

SAN FRANCISCO (Reuters) – GameStop Corp, the world’s largest retailer of videogame products, reported a stronger-than-expected profit on Thursday but lowered its sales forecast for this year due to uncertainty around the holiday shopping season as the video game market struggles.

Grapevine, Texas-based GameStop forecast same-store sales in 2012 would drop 6 percent to 9 percent, compared with a 2 to 10 percent decline projected previously.

“We’ve continued to find new ways to drive revenues and margins in our stores and that’s enabled us to hold on to some earnings in these difficult times,” Chief Financial Officer Rob Lloyd said in an interview.

“We’re still a little bit cautious in that it’s a difficult environment in which to forecast because the industry has been down,” Lloyd said. “And we’ve got uncertainty surrounding what the supply of the (Nintendo)Wii U is going to be.”

Nintendo Co Ltd is gearing up to launch its Wii U video game console on November 18. It is the first new home console device to be sold by a major gaming company in more than six years.

GameStop hopes the start of a new console cycle with the Wii U launch and just-released high quality games like Microsoft Corp’s “Halo 4″ and Activision Blizzard’s “Call of Duty: Black Ops II” will boost hardware and software sales this holiday season.

GameStop’s shares rose 4.25 percent to $ 24.48 in afternoon trading on the New York Stock Exchange.

Sterne Agee analyst Arvind Bhatia said investors seem more comfortable now with the company’s recent efforts to drive profitability.

In the last two years, the company has been tackling decelerating video game sales in a tough market by diversifying its revenue sources, selling electronics like tablets, digital video games and used games.

The games retailer said it had repurchased stock worth $ 76.8 million in the third quarter and announced that its board had approved a new $ 500 million share buy-back plan to replace its existing $ 242 million repurchase plan. It also announced a quarterly dividend of 25 cents, same as last quarter.

The company reported adjusted net earnings per share of 38 cents in the third quarter, beating analysts’ expectations of 32 cents.

“Earnings per share was quite impressive, driven by gross margins being strong and cost control,” Sterne Agee’s Bhatia said.

GameStop said it expects comparable store sales to range between down 7 percent and up 1 percent in the fourth quarter. It forecast earnings per share between $ 2.07 to $ 2.27 for the period.

Sales of traditional videogame products such as consoles have been pressured globally by lower-priced online offerings and gamers spending more time on tablet computers and cell phones.

Total U.S. sales of videogame software in October dropped 25 percent from a year ago, following a similar trend throughout the third quarter, according to a report by market research firm NPD.

GameStop said sales fell 8.9 percent to $ 1.77 billion. Analysts were expecting sales of $ 1.79 billion, according to Thomson Reuters I/B/E/S.

Adjusted earnings were $ 47.2 million, compared with $ 53.9 million a year ago. The company maintained its previously announced full-year earnings outlook of between $ 3.10 per share to $ 3.30 per share.

(Reporting by Malathi Nayak; editing by John Wallace, Maureen Bavdek, David Gregorio and Dan Grebler)

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Diabetes rates rocket in Oklahoma, South

NEW YORK (AP) — The nation's diabetes problem is getting worse, and the biggest jump over 15 years was in Oklahoma, according to a new federal report issued Thursday.

The diabetes rate in Oklahoma more than tripled, and Kentucky, Georgia and Alabama also saw dramatic increases since 1995, the study showed.

The South's growing weight problem is the main explanation, said Linda Geiss, lead author of the report by the Centers for Disease Control and Prevention study.

"The rise in diabetes has really gone hand in hand with the rise in obesity," she said.

Bolstering the numbers is the fact that more people with diabetes are living longer because better treatments are available.

The disease exploded in the United States in the last 50 years, with the vast majority from obesity-related Type 2 diabetes. In 1958, fewer than 1 in 100 Americans had been diagnosed with diabetes. In 2010, it was about 1 in 14.

Most of the increase has happened since 1990.

Diabetes is a disease in which the body has trouble processing sugar; it's the nation's seventh leading cause of death. Complications include poor circulation, heart and kidney problems and nerve damage.

The new study is the CDC's first in more than a decade to look at how the nationwide boom has played out in different states.

It's based on telephone surveys of at least 1,000 adults in each state in 1995 and 2010. Participants were asked if a doctor had ever told them they have diabetes.

Not surprisingly, Mississippi — the state with the largest proportion of residents who are obese — has the highest diabetes rate. Nearly 12 percent of Mississippians say they have diabetes, compared to the national average of 7 percent.

But the most dramatic increases in diabetes occurred largely elsewhere in the South and in the Southwest, where rates tripled or more than doubled. Oklahoma's rate rose to about 10 percent, Kentucky went to more than 9 percent, Georgia to 10 percent and Alabama surpassed 11 percent.

An official with Oklahoma State Department of Health said the solution is healthier eating, more exercise and no smoking.

"And that's it in a nutshell," said Rita Reeves, diabetes prevention coordinator.

Several Northern states saw rates more than double, too, including Washington, Idaho, Montana, Wyoming, South Dakota, Minnesota, Missouri, Ohio and Maine.

The study was published in CDC's Morbidity and Mortality Weekly Report.

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Associated Press writer Ken Miller in Oklahoma City contributed to this report.

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Online:

CDC report: http://tinyurl.com/cdcdiabetesreport

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BP employees charged with manslaughter

NEW ORLEANS (AP) — Two men who worked for BP during the 2010 Gulf oil spill disaster have been charged with manslaughter and a third with lying to federal investigators, according to indictments made public Thursday, hours after BP announced it was paying $4.5 billion in a settlement with the U.S. government over the disaster.

A federal indictment unsealed in New Orleans claims BP well site leaders Robert Kaluza and Donald Vidrine acted negligently in their supervision of key safety tests performed on the Deepwater Horizon drilling rig before the explosion killed 11 workers in April 2010. The indictment says Kaluza and Vidrine failed to phone engineers onshore to alert them of problems in the drilling operation.

Another indictment charges David Rainey, who was BP's vice president of exploration for the Gulf of Mexico, on charges of obstruction of Congress and false statements. The indictment claims the former executive lied to federal investigators when they asked him how he calculated a flow rate estimate for BP's blown-out well in the days after the April 2010 disaster.

Before Thursday, the only person charged in the disaster was a former BP engineer who was arrested in April on obstruction of justice charges. He was accused of deleting text messages about the company's response to the spill.

Earlier in the day, BP PLC said it would plead guilty to criminal charges related to the deaths of 11 workers and lying to Congress.

The day of reckoning comes more than two years after the nation's worst offshore oil spill. The figure includes nearly $1.3 billion in criminal fines — the biggest criminal penalty in U.S. history — along with payments to certain government entities.

"We believe this resolution is in the best interest of BP and its shareholders," said Carl-Henric Svanberg, BP chairman. "It removes two significant legal risks and allows us to vigorously defend the company against the remaining civil claims."

The settlement, which is subject to approval by a federal judge, includes payments of nearly $2.4 billion to the National Fish and Wildlife Foundation, $350 million to the National Academy of Sciences and about $500 million to the Securities and Exchange Commission. The SEC accused BP of misleading investors by lowballing the amount of crude spewing from the ruptured well.

London-based BP said in a statement that the settlement would not cover any civil penalties the U.S. government might seek under the Clean Water Act and other laws. Nor does it cover billions of dollars in claims brought by states, businesses and individuals, including fishermen, restaurants and property owners.

A federal judge in New Orleans is weighing a separate, proposed $7.8 billion settlement between BP and more than 100,000 businesses and individuals who say they were harmed by the spill.

BP will plead guilty to 11 felony counts of misconduct or neglect of a ship's officers, one felony count of obstruction of Congress and one misdemeanor count each under the Migratory Bird Treaty Act and the Clean Water Act. The workers' deaths were prosecuted under a provision of the Seaman's Manslaughter Act. The obstruction charge is for lying to Congress about how much oil was spilling.

The penalty will be paid over five years. BP made a profit of $5.5 billion in the most recent quarter. The largest previous corporate criminal penalty assessed by the U.S. Justice Department was a $1.2 billion fine imposed on drug maker Pfizer in 2009.

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Police test Afghanistan's fragile ethnic balance

MARJAH, Afghanistan (AP) — Patrolling in all-terrain vehicles that whip up clouds of dust, members of Afghanistan's elite Civil Order Police might be viewed as outsiders here in southern Helmand province, an ethnic Pashtun heartland where residents talk wistfully of the Taliban's rule, call NATO troops invaders and refer to Afghan government officials as thieves.

Col. Khalil Rahman and the 441 police under his command in the 3rd Battalion are almost all from northern Afghanistan and belong to minority ethnic groups. Many don't even speak Pashto, the language of most southerners. That could be a recipe for conflict in this majority Pashtun country that descended into a bloody civil war over ethnic lines in the 1990s.

Yet Rahman said he asked for each of his three deployments to Helmand and is planning to settle his bride of two months in the provincial capital, Lashkar Gah.

"This is my country, all of it. I asked to come here," said Rahman, 30, whose clean-shaven face and tightly cropped hair contrasts with most local men, who wear unkempt bushy beards and the traditional turban. Still, when they met in the villages, he embraced them in the traditional hug and Pashtu greeting of "May you not get weary."

As the U.S. and NATO close out their mission in Afghanistan preparing for the final withdrawal of combat troops by the end of 2014, the worry looms large that fresh outbursts of ethnically motivated fighting would send the country into a spiral of chaos and violence that could give al-Qaida the toehold it needs to re-establish camps to plot attacks on Western targets and train wannabe jihadis.

But an Associated Press reporter and photographer who accompanied the 3rd Battalion for a week did not observe any hostility among local residents to the Civil Order Police, known as ANCOP. Instead, they channeled much of their anger toward government officials, an international community they said reneged on promises of development and the U.S- financed Afghan Local Police.

"No one helps us," said Abdul Qayyum, who was up to his elbows in mud after stepping away from repairing his sun-baked mud home. "The situation was good before the fighting," he said.

Qayyum was referring to the joint NATO, U.S. and Afghan assault on Taliban bases in Marjah, a sprawling region of dozens of small mud villages with a total population of less than 50,000. The idea behind the February 2010 counterinsurgency operation — the largest in Afghanistan since the 2001 U.S.-led invasion — was to kick out the Taliban and make Marjah a model of development and good governance, a shining example of how an area can prosper if it spurns the Taliban and embraces the Afghan government.

It hasn't quite worked out that way, however.

Instead, the Taliban routinely lay mines on the road, and Marjah residents complain bitterly that the development they were promised hasn't materialized and that international money went into the hands of a few corrupt government and tribal leaders.

The residents particularly resent the establishment of the U.S-financed Afghan Local Police, who they say routinely set up random road blocks, charge tolls and threaten to turn over villagers to the Americans as Taliban if they don't pay bribes.

International and Afghan human rights groups have also criticized the Afghan Local Police for various abuses.

Anatol Lieven, chair of international relations at the War Studies Department at the U.K-based King College, said "the local police as a force . . . absent U.S. funding and backup will inevitably turn into drug dealing militias."

Yet Seth Jones, a senior analyst at the U.S.-based Rand Corporation, said the reputation is undeserved.

"The program appears to be effective in undermining Taliban and other insurgent control of parts of the south, east, north, and west ... (and) is contributing to improved security and governance," Jones said. "As with any program, it does have its challenges."

But in Marjah, the criticism was loud and clear.

In a tiny general store in Marjah, Mullah Daoud scoffed when he recalled the 2010 operation, saying they were told prosperity would follow. He said corrupt government officials instead set up shop, along with the local police.

"ANCOP does not bother us. The local police are the problem," said Daoud, an elderly man with a gray beard who was lying on a bright red cushion.

A half-dozen other men — some sitting nearby on the floor, some peering through the curtained door — then launched into a chorus of complaints about the police. One man said the police seized his motorcycle, another said he was forced to pay $20 to get his cotton crop past a checkpoint.

Among the Afghan security forces, the 16,500-strong ANCOP stands out as an exception. They are better educated than the average national policeman or soldier, most of whom can neither read nor write. An ANCOP recruit needs a Grade 9 education, and some among Rahman's battalion are college graduates. They study human rights and behavioral science.

In Helmand, Rahman's men run patrols between Lashkar Gah and Marjah along dirt roads and through mud villages, where they create small outposts and swarm areas where Taliban fighters have been sighted. Occasionally they team up with the Afghan Army and National Police for assaults on Taliban hideouts. They also set up road blocks, stop vehicles and search the occupants — though not women.

Daoud said ANCOP conducts patrols but does not search homes. "They are good. We don't mind them," he said.

He and others in Marjah say the biggest problems with law enforcement in the area are bad training, poor discipline and corruption — not ethnicity.

Some analysts agree that Afghanistan's ethnic divisions have been oversimplified, and even misunderstood.

"There is a tendency among observers to overestimate the animosity between the north and the south, or rather to see it something fixed and static. As if people hate each other just because they are from different areas. It's not like that," said Martine van Bijlert, co-director of Afghanistan Analysts Network, an independent research group based in Afghanistan.

She said animosity arises when one ethnic group forcibly tries to subdue another, not when a group like ANCOP enters an ethnic majority Pashtun area with the intention of working with the population.

"It would probably be quite difficult to rile up people against a contingent that is largely from the north but that behaves well, you would need some pretty strong propaganda and even then it would probably be an uphill struggle," she said. "Many people in the south, and all over the country, are really on the lookout for representatives of the government that behave well. They still hold out the hope that this can supersede factionalism and other dividing lines."

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Kathy Gannon is AP Special Regional Correspondent for Afghanistan and Pakistan. She can be followed on www.twitter.com/kathygannon

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NASCAR’s Keselowski can’t tweet in car anymore

CHARLOTTE, N.C. (AP) — Brad Keselowski became a social media darling after hopping on Twitter during a lengthy delay in the Daytona 500.

Keselowski was the center of attention, and NASCAR seemed trendy and hip — a description its executives surely adored.

Turns out, tweeting from the car isn’t cool with NASCAR.

Keselowski was fined $ 25,000 on Monday for tweeting during the red flag at Phoenix International Raceway. The punishment was confusing to fans who vented on Twitter, of course, wondering why Keselowski was punished for Sunday’s tweets when he was celebrated by NASCAR for doing the exact same thing in February’s season-opening race.

Some alleged the Sprint Cup Series points leader was actually being disciplined for his profanity-laced outburst after Sunday’s crash- and fight-marred race.

NASCAR spokesman Kerry Tharp on Tuesday dismissed the conspiracy theories, and said drivers had been told after the Daytona 500 that electronic devices — including cellphones — could not be carried inside the race cars going forward.

“Brad’s tweeting at the Daytona 500 was really our first introduction to the magnitude of the social media phenomenon at the race track, especially how we saw it unfold that evening,” Tharp said. “We encourage our drivers to participate in social media. We feel we have the most liberal social media policy in all of sports, and the access we provide is the best in all of sports.

“But we also have rules that pertain to competition that need to be enforced and abided by. Once the 500 took place, and in the days and weeks following the 500, NASCAR communicated to the drivers and teams that while social media was encouraged and we promoted it, the language in the rule book was clear and that drivers couldn’t carry onboard their cars electronic devices, like a phone.”

Keselowski, who takes a 20-point lead over Jimmie Johnson into Sunday’s season finale in his quest to win his first Sprint Cup Series title, has not commented on his penalty.

But with the championship on the line, his crew chief indicated Tuesday he’ll be doing his best to keep the phone out of the No. 2 Dodge this weekend.

“Never even crossed my mind, to be honest with you,” Paul Wolfe said. “We get so involved in worrying about how to make the race car go around the track that, obviously, Brad’s cellphone is not on my mind a whole lot. I’ll definitely remind him this weekend.”

The Daytona 500 was stopped for nearly two hours when Juan Pablo Montoya crashed into a jet dryer that was cleaning the track during a caution period. The crash caused a fuel explosion, and Keselowski used his phone to tweet pictures, answer questions and give updates on the cleanup during the delay.

The race, which had been rained out for the first time in 54 runnings, was being aired on Monday night in prime time for the first time in history and Keselowski’s tweeting drew worldwide headlines.

Afterward, NASCAR specifically said Keselowski did not violate a rule barring onboard electronic devices and would not be penalized.

“Nothing we’ve seen from Brad violates any current rules pertaining to the use of social media during races,” NASCAR said the day after the race. “We encourage our drivers to use social media to express themselves as long as they do so without risking their safety or that of others.”

NASCAR did not issue a technical bulletin to clarify phones could no longer be inside cars, and the clarification to drivers was apparently done quietly. In fact, Keselowski tweeted from Victory Lane at Bristol in March, and from inside his car parked on pit road during a rain delay at Richmond in September. It’s possible someone could have handed him his phone both times.

A year ago, the outspoken Penske Racing driver was fined $ 25,000 headed into the finale for criticizing electronic fuel injection. At the time, NASCAR had been privately punishing drivers for making disparaging remarks about the series, but word of Keselowski’s fine leaked and forced NASCAR to change its policy during the offseason.

Still, many fans were convinced this week’s fine against Keselowski was actually for his post-race comments about the aggressive racing at Phoenix.

He’d been criticized by several drivers for racing Johnson hard over a pair of late restarts at Texas a week earlier, and felt his aggressive driving paled in comparison to Jeff Gordon intentionally wrecking Clint Bowyer with two laps to go on Sunday. Gordon’s retaliation also collected Joey Logano and Aric Almirola, and forced Keselowski to weave his way around the accident.

“It just drives me absolutely crazy that I get lambasted for racing somebody hard without there even being a wreck and then you see stuff like this … from the same people that criticized me,” he said. “It’s OK to just take somebody out. But you race somebody hard, put a fender on somebody and try to go for the win, and you’re an absolute villain. We can just go out and retaliate against each other and come back in and smile about it, and it’s fine. That’s not what this sport needs. It needs hard racing, it needs people that go for broke, try to win races and put it all out there on the line. Not a bunch of people that have anger issues.”

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Ireland probes death of ill abortion-seeker

DUBLIN (AP) — The debate over legalizing abortion in Ireland flared Wednesday after the government confirmed that a woman in the midst of a miscarriage was refused an abortion and died in an Irish hospital after suffering from blood poisoning.

Prime Minister Enda Kenny said he was awaiting findings from three investigations into the death of Savita Halappanavar, a 31-year-old Indian woman who was 17 weeks pregnant. Her case highlighted the legal limbo in which pregnant women facing severe health problems can find themselves in predominantly Catholic Ireland.

Ireland's constitution officially bans abortion, but a 1992 Supreme Court ruling found the procedure should be legalized for situations when the woman's life is at risk from continuing the pregnancy. Five governments since have refused to pass a law resolving the confusion, leaving Irish hospitals reluctant to terminate pregnancies except in the most obviously life-threatening circumstances.

The vast bulk of Irish women wanting abortions, an estimated 4,000 per year, simply travel next door to England, where abortion has been legal on demand since 1967. But that option is difficult, if not impossible, for women in failing health.

Halappanavar's husband, Praveen, said doctors at University Hospital Galway in western Ireland determined she was miscarrying within hours of her hospitalization for severe pain on Sunday, Oct. 21. He said over the next three days, doctors refused their requests for an abortion to combat her surging pain and fading health.

The hospital declined to say whether doctors believed Halappanavar's blood poisoning could have been reversed had she received an abortion rather than waiting for the fetus to die on its own. In a statement, it described its own investigation into the death, and a parallel probe by the government's Health Service Executive, as "standard practice" whenever a pregnant woman dies in a hospital. The Galway coroner also planned a public inquest.

"Savita was really in agony. She was very upset, but she accepted she was losing the baby," he told The Irish Times in a telephone interview from Belgaum, southwest India. "When the consultant came on the ward rounds on Monday morning, Savita asked if they could not save the baby, could they induce to end the pregnancy? The consultant said: 'As long as there is a fetal heartbeat, we can't do anything.'

"Again on Tuesday morning ... the consultant said it was the law, that this is a Catholic country. Savita said: 'I am neither Irish nor Catholic' but they said there was nothing they could do," Praveen Halappanavar said.

He said his wife vomited repeatedly and collapsed in a restroom that night, but doctors wouldn't terminate the fetus because its heart was still beating.

The fetus died the following day and its remains were surgically removed. Within hours, Savita was placed under sedation in intensive care with blood poisoning and he was never able to speak with her again, her husband said. By Saturday, her heart, kidneys and liver had stopped working. She was pronounced dead early Sunday, Oct. 28.

The couple had settled in 2008 in Galway, where Praveen Halappanavar works as an engineer at the medical devices manufacturer Boston Scientific. His wife was qualified as a dentist but had taken time off for her pregnancy. Her parents in India had just visited them in Galway and left the day before her hospitalization.

Praveen Halappanavar said he took his wife's remains back to India for a Hindu funeral and cremation Nov. 3. News of the circumstances that led to her death emerged Tuesday in Galway after the Indian community canceled the city's annual Diwali festival. Savita Halappanavar had been one of the festival's main organizers.

Opposition politicians appealed Wednesday for Kenny's government to introduce legislation immediately to make the 1992 Supreme Court judgment part of statutory law. Barring any such bill, the only legislation defining the illegality of abortion in Ireland dates to 1861, when the entire island was part of the United Kingdom. That British law, still valid here due to Irish inaction on the matter, states it is a crime punishable by life imprisonment to "procure a miscarriage."

In the 1992 case, a 14-year-old girl identified in court only as "X'' successfully sued the government for the right to have an abortion in England. She had been raped by a neighbor. When her parents reported the crime to police, the attorney general ordered her not to travel abroad for an abortion, arguing this would violate Ireland's constitution.

The Supreme Court ruled she should be permitted an abortion in Ireland, never mind England, because she was making credible threats to commit suicide if refused one. During the case, the girl reportedly suffered a miscarriage.

Since then, Irish governments twice have sought public approval to legalize abortion in life-threatening circumstances — but excluding a suicide threat as acceptable grounds. Both times voters rejected the proposed amendments.

Legal and political analysts broadly agree that no Irish government since 1992 has needed public approval to pass a law that backs the Supreme Court ruling. They say governments have been reluctant to be seen legalizing even limited access to abortion in a country that is more than 80 percent Catholic.

An abortions right group, Choice Ireland, said Halappanavar might not have died had any previous government legislated in line with the X judgment. Earlier this year, the government rejected an opposition bill to do this.

"Today, some 20 years after the X case, we find ourselves asking the same question: If a woman is pregnant, her life in jeopardy, can she even establish whether she has a right to a termination here in Ireland?" said Choice Ireland spokeswoman Stephanie Lord.

Coincidentally, the government said it received a long-awaited expert report Tuesday proposing possible changes to Irish abortion law shortly before news of Savita Halappanavar's death broke. The government commissioned the report two years ago after the European Court of Human Rights ruled that Ireland's inadequate access to abortions for life-threatening pregnancies violated European Union law.

The World Health Organization, meanwhile, identifies Ireland as an unusually safe place to be pregnant. Its most recent report on global maternal death rates found that only three out of every 100,000 women die in childbirth in Ireland, compared with an average of 14 in Europe and North America, 190 in Asia and 590 in Africa.

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