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)

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Can NBC keep up its ratings swagger without NFL, “The Voice”?

NEW YORK (Reuters) – NBC is expected to wrap up its fall season as the No. 1 broadcast network in the key 18-49 advertising demographic for the first time in a decade.

The network’s catapult to first place from fourth in the ratings is the biggest surprise so far of the young TV season. The question is how long can its ratings momentum last.

The Comcast-owned network has seen a surge in the fall fueled by two shows that won’t be around by the end of December, its red-hot Sunday Night NFL telecast and the hugely popular singing competition “The Voice.”

The numbers are shining a positive light on Entertainment Chief Bob Greenblatt, in his second year since moving over from the Showtime cable network. In the first quarter of 2013, however, analysts and advertising buyers say holes in NBC‘s lineup can’t make up for the loss of its two top shows.

“I’m skeptical about whether their ratings are sustainable,” said Brad Adgate, who heads research for the advertising firm Horizon Media. “Once those shows go on hiatus or they are doing repeats, I’d be surprised if what they replace with them with will deliver those type of numbers.”

When the TV season started, NBC boosted its ratings by adding a second season of the “The Voice” in the fall, instead of airing it only during the spring, and showing it on Mondays and Tuesdays.

The show gave NBC ratings victories in the 18-49 demographic, the age group that advertisers seek, has consistently won its time slots while boosting shows like “Revolution” and “Go On” that followed it.

Total viewers increased from a year ago by 20 percent, to an average of 8.8 million per night, while rivals CBS, FOX and ABC are all down in total viewers.

NBC‘s ratings engines throttle back without “The Voice,” which goes off the air from Dec 17 until March 25. When it returns, it also faces an uncertain reception as new judges Shakira and Usher replace Christina Aguilera and Cee Lo Green.

On December 30, NBC will air its final Sunday night football game of the year, taking prime time’s top-rated show with it, Jeff Bader, NBC‘s president of program planning, strategy and research, said in an interview on Thursday.

NBC‘s ratings will weaken in January, he conceded. The January-to-March period won’t be “necessarily about winning” in the ratings but about getting one or two shows to stick with viewers, he said.

“I wish we had Sunday night football all year, but hopefully these other returning shows will keep us in the hunt,” Bader said.

UBS analyst John Janedis predicts that CBS and FOX will move past the Peacock network by the end of the TV season, and CBS’ Chief Executive Les Moonves vowed on a November 7 earnings call that his network will finish “on top” and “strong in every single one of the key demos.”

“The Voice” served as a launch pad for the hit drama “Revolution,” a post-apocalyptic thriller that airs on Mondays and is set 15 years after all the world’s electricity stopped functioning. But that show, like “The Voice,” is going on hiatus from November 26 to March 25.

Greenblatt has “to make sure that ‘Revolution’ stays strong, said Optimedia media buyer Maureen Bosetti. “I’m a little bit cautious to say he’s a huge success until he’s got more solid hits under his belt that he’s developed.”

NBC will air the weight-loss reality show “The Biggest Loser” in the place of “the Voice” on Mondays, followed by “Deception,” a one-hour soap opera about a murder in a wealthy family that replaces “Revolution.” On Tuesdays, a reality show called “Betty White’s Off Their Rockers” featuring senior citizens playing pranks will take “the Voice” slot.

Ad agency GroupM media buyer Shari Cohen is more optimistic about NBC‘s chances without “The Voice” and said she is impressed by the network’s comeback this season.

“The void will be felt, but there’s confidence enough in their strategy and other nights of the week where they have been gaining traction and things that will be coming back in 2013 like ‘Smash’,” Cohen said.

“Smash,” a lavishly produced and heavily promoted musical drama about a Broadway show starring Katharine McPhee and Debra Messing, finished as NBC‘s top drama in its first season in 18-49 age group and will return for its second season February 5.

The show is heavily championed by Greenblatt, the programming chief who came to Comcast in 2011 after it took control of NBC in a $ 30 billion deal. When he left the CBS-owned Showtime cable channel, it was in the midst of a phenomenal run of developing hit shows such as “Dexter,” “Weeds,” and “The L Word” for cable’s Showtime network.

Greenblatt’s programming performance has been mixed at NBC. He inherited the “The Voice,” and had the benefit of this summer’s NBC Olympic telecast, which enabled him to promote the fall lineup before the more than 30 million people who tuned into the London games each night.

That gave a boost to “Revolution, “Go On” and “The New Normal,” a sitcom from “Glee” creator Ryan Murphy, which were all ordered for full-seasons and are all highly rated new shows. But “Animal Practice,” another program that aired in a special preview after one Olympics telecast, was canceled after six episodes.

NBC is coming off a strong third quarter in which its revenue jumped 31.2 percent to $ 6.8 billion thanks Deto the London Olympics. Excluding the Olympics, its revenue increased 8.3 percent, the company said.

Amy Yong, a sell-side analyst for Macquarie bank, raised her estimates on Comcast in October, citing ratings growth at NBC as a contributing factors.

The NBC model for continued success resembles a strategy employed by Fox, which scheduled shows like “House” and “Bones” after the then-towering ratings champ “American Idol.”

Bader, the NBC scheduling executive, said his network will continue to use “The Voice”‘s momentum as best it can even as it heads toward its three-month break. After the December 17 finale, NBC will air a preview of a new comedy set in the White House called “1600 Penn.”

(Reporting By Liana B. Baker; Editing by Ronald Grover and Leslie Gevirtz)

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Smoking in pregnancy tied to lower reading scores

NEW YORK (Reuters Health) – Babies exposed to their mother’s cigarette smoke in the womb later perform more poorly on reading comprehension tests, according to a new study.

“It’s not a little difference – it’s a big difference in accuracy and comprehension at a critical time when children are being assessed, and are getting a sense of what it means to be successful,” lead author Dr. Jeffrey Gruen of Yale University told Reuters Health.

In the study, researchers found that children born to mothers who smoked more than one pack per day struggled on tests specifically designed to measure how accurately a child reads aloud and if she understands what she read.

On average, children exposed to high levels of nicotine in utero — defined as the minimum amount in one pack of cigarettes per day — scored 21 percent lower in these areas than classmates born to non-smoking mothers. The difference remained even when researchers took other factors — such as if parents read books to their children, worked in lower-paying jobs or were married — into account.

Put another way, among students who share similar backgrounds and education, a child of a smoking mother will on average be ranked seven places lower in a class of 31 in reading accuracy and comprehension ability, said co-author Jan Frijters of Brock University in Ontario, Canada.

Previous studies have found smoking during pregnancy is linked to lower IQ scores and academic achievement, and more behavioral disorders. The authors found no reports so far that zeroed in on specific reading tasks like accuracy and comprehension in a large population.

The team, which published their results in The Journal of Pediatrics, pulled data from more than 5,000 children involved in the Avon Longitudinal Study of Parents and Children (ALSPC) study that began in the early 1990s in the UK. Only data from children with IQ scores of 76 and higher were used. An IQ score of 70 and below can be the sign of a mental disability.

UK researchers collected questionnaires from mothers before and after giving birth. This helps make the self-reported data more trustworthy, explained Sam Oh of the University of California, San Francisco, who wasn’t involved with the work. If mothers knew their child’s reading scores beforehand, they might subconsciously report more or less smoking.

“To me, this study suggests that the effects attributed to in utero smoking can in fact be attributed to the intrauterine environment, and not due to environmental differences that the children grow up in,” Oh told Reuters Health by email.

Large observational studies like this one call attention to patterns, but do not prove a direct cause-effect relationship between cigarette smoking and low reading scores.

Despite public health initiatives to discourage smoking, as many as one in six pregnant American women still light up, according to national surveys by the Centers for Disease Control and Prevention and the U.S. Department of Health and Human Services.

“That is a lot of children,” Dr. Tomáš Paus of the University of Toronto told Reuters Health.

Paus added that the study tied the effects of low test scores to nicotine in cigarettes, which also produce other harmful chemicals and carbon dioxide. Either way, smoking while pregnant seems to put a baby at risk for negative health outcomes.

“We should not be happy with those rates. Smoking during pregnancy is preventable,” Paus said.

SOURCE: http://bit.ly/W7v2kM The Journal of Pediatrics, online November 5, 2012.

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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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France urges Mali to step up talks with rebels

PARIS (AP) — France‘s president called Thursday for stepped-up talks between Mali’s government and any leaders from its breakaway north “who reject terrorism,” even as African nations geared up for a possible military operation against Islamic extremists there.

President Francois Hollande‘s comments suggested a growing openness to dialogue with the extremists, but he remained committed to supporting the military planning effort.

Northern Mali fell to Islamic extremists in April, after coup leaders toppled the government in Bamako, Mali‘s capital. Fearing that northern Mali could become the latest hotbed of terrorism, France has been a driving force in international efforts to bolster Mali’s army to drive the Islamists from power.

Hollande spoke with interim Mali President Dioncounda Traore by phone on Thursday, partly to detail European efforts to help strengthen Mali’s army.

In recent days, representatives from the most moderate of three al-Qaida-linked groups that control northern Mali have been meeting with Burkina Faso‘s president, appointed as a mediator.

“France reiterates its wish that political dialogue will intensify between Malian authorities and representatives of northern populations who reject terrorism,” Hollande’s office said in a statement. “The acceleration of this dialogue must accompany the progress in African military-planning efforts.”

Earlier this week, the African Union approved a plan that calls for 3,300 African troops to be deployed in order to win back Mali’s north. European countries including France and Germany have expressed a willingness to provide military trainers and logistics support, but have stopped short of committing combat troops.

France, like many European countries, fears that the arid, northern Sahel region of Mali could become a breeding ground for terrorism, where al-Qaida and its allies could plot hostage-takings and attacks in Europe or beyond.

France has millions of people whose families hail from former French colonies in north and west Africa. Authorities have long been concerned that French-born militants could travel abroad for terrorism training and return home later to possibly carry out attacks.

French authorities are already investigating two French citizens who were arrested in Mali and neighboring Niger and are suspected of seeking to join up with the al-Qaida-linked extremists, a judicial official told The Associated Press.

Ibrahim Ouattara, a 24-year-old native of the northern Paris suburb of Aubervilliers who has dual French and Malian nationality, was arrested inside Mali this month and remains in custody there, the official said.

Separately, a 27-year-old Frenchman was arrested in August in Niger and has since been handed over to authorities in France, the official said, speaking on condition of anonymity because she was not authorized to discuss terrorism cases publicly.

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ABC Adapting Disney Theme-Park Ride for “Big Thunder Mountain” Pilot

LOS ANGELES (TheWrap.com) – ABC found ratings success by adapting Disney‘s finest fairy tales into the one-hour drama series “Once Upon a Time,” so it’s not surprising that the network has turned to a theme-park ride from its parent company for inspiration as well.

Popular roller coaster Big Thunder Mountain Railroad is being adapted for a television pilot by the Disney-owned network, an individual with knowledge of the situation told TheWrap.

Chris Morgan (“Wanted,” “Fast Five”) will co-write the story with “Ice Age: Continental Drift’s” Jason Fuchs, who will write the teleplay. ABC has ordered a script from ABC Studios, the individual said.

No word on what the show will have in common with the ride, but if it sticks with the theme presented to visitors at parks in California, Florida, Paris and Tokyo, it should have something to do with a mining town being destroyed by a natural disaster after settlers desecrate sacred Native American land.

Two other film projects have been developed based on Disney rides, “Pirates of the Caribbean” and 2003′s not-equally-successful “The Haunted Mansion.”

Morgan is represented by ICM Partners and McKuin Frankel, while Fuchs is repped by WME and Brookside and Bloom Hergott.

The Hollywood Reporter first broke the news on “Big Thunder Mountain.”

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Kids with Down syndrome twice as likely to be heavy

NEW YORK (Reuters Health) – More than one in four children with Down syndrome in The Netherlands is overweight, a rate double that of Dutch youth without the developmental disability, according to a new study.

“We were alarmed by the high prevalence of overweight in children with Down syndrome,” said Dr. Helma van Gameren-Oosterom, the lead author of the study from the Netherlands Organization for Applied Scientific Research in Leiden.

“Of course we knew that the prevalence of overweight is rising; for Dutch standards a twofold level, however, was not expected.”

Previous studies have suggested children with Down syndrome are especially prone to being heavy. But researchers still aren’t sure why that is, according to Dr. Sheela Magge, an endocrinologist at Children’s Hospital of Philadelphia, who was not part of the new study.

Theories have ranged from physiological differences in metabolism or the way the body suppresses appetite to behavioral differences, such as in how much exercise children get, she said, but no studies have been able to pin down the definitive cause.

About 6,000 babies – or one in every 691 – are born with Down syndrome each year in the U.S., according to the Centers for Disease Control and Prevention.

For the latest study, the researchers compared growth patterns among 659 children with Down syndrome and no other health problems to general data on youth in The Netherlands.

By calculating kids’ weight relative to their height – a unit called body mass index (BMI) – the research team determined which children were overweight and which were obese. The BMI cutoffs for obesity and overweight are different for each age in children.

Magge said they’re not a perfect measure for children with Down syndrome because their body proportions are different than those of other children, but it’s the best available yardstick for now.

Gameren-Oosterom and her colleagues found 25.5 percent of boys with Down syndrome were overweight and 4.2 percent were obese.

Among girls with the condition, 32 percent were overweight and 5.1 percent obese, they report in the medical journal Pediatrics.

In comparison, children in the rest of the Dutch population had much lower rates: for boys, 12.3 percent were overweight and 1.7 percent obese; for girls, 14.7 percent were overweight and 2.2 percent were obese.

Magge said researchers have also observed higher rates of overweight among children with Down syndrome in the U.S.

Gameren-Oosterom wrote in an email to Reuters Health that she and her colleagues suspect lifestyle has something to do with that pattern. Because it’s harder for young people with Down syndrome to develop their motor skills, they may be less active.

Low muscle tone and poor coordination often accompany the disability as well, Magge told Reuters Health.

Her concern with so many kids being overweight is that as people with Down syndrome are living longer, “we may start seeing more complications and comorbidities such as diabetes, cardiovascular disease (and) hypertension, all those things that we worry about in all of our obese adolescents.”

Gameren-Oosterom said it’s difficult to develop a prevention or treatment strategy to target overweight and obesity in children with Down syndrome, given that the causes are unknown.

But like all youth, she added, those children will benefit from a healthy diet and sufficient exercise.

Magge said people with Down syndrome tend to prefer keeping strict routines, which could be something parents can take advantage of to help instill healthy habits.

“In adults it might be that if they get into a routine of eating healthy it’s more likely to stick,” she said.

SOURCE: http://bit.ly/SnWv05 Pediatrics, online November 12, 2012.

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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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Egypt recalls envoy to Israel after Gaza strike

CAIRO (AP) — Egypt has recalled its ambassador to Israel after an Israeli airstrike killed the military commander of Gaza‘s ruling Hamas.

In a statement read on state TV late Wednesday, spokesman Yasser Ali said that President Mohammed Morsi recalled the ambassador and asked the Arab League‘s Secretary General to convene an emergency ministerial meeting in the wake of the Gaza violence.

Morsi also called for an immediate cease fire between Israel and Hamas, an offshoot of Morsi’s Muslim Brotherhood. Israel says it struck in response to rocket attacks from Gaza.

Hours earlier, Morsi’s Muslim Brotherhood group denounced the Israeli airstrike as a “crime that requires a quick Arab and international response to stem these massacres.”

Relations between Israel and Egypt have deteriorated since longtime President Hosni Mubarak was ousted last year.

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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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