Facebook Shrugs Off Instagram’s New Class Action Lawsuit

For Instagram, there’s good news and there’s bad news about the class action lawsuit just filed against them. Bad news first: Somebody just filed a class action lawsuit. Good news: the lawyers from Instagram’s parent company, Facebook, have plenty of practice getting rid of these pesky things. That might explain why they’re so dismissive about the legal inconvenience a group of disgruntled Instagram users left under its tree this year. “We believe this complaint is without merit and we will fight it vigorously,” says Facebook spokesman Andrew Nusca. It’ll obviously take more than the half-hearted apology Instagram CEO and co-founder Kevin Systrom made at the end of last week.

RELATED: It’s Time to Accept the Existence of a Social Media Bubble

The lawsuit’s complaint is somewhat understandable. If you’ve so much as heard the word “Instagram” you’ve heard about how much their new terms of service stink. In it, the company declared that it “may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data)” with Facebook, its subsidiaries and its “affiliates.” Instagram users understood this to mean that Instagram could sell their photos to advertisers, though Systrom pushed back at that in his blog post when he more or less said that the company would revert to its old terms of service. “We don’t own your photos – you do,” he said. 

RELATED: And the Actual Retail Price for Instagram Is…

Instagram kept three key new details in place, though. One, the company maintained the ability to serve ads in your feed. Two, it said “that we may not always identify paid services, sponsored content, or commercial communications as such.” Lastly, it left in place the mandatory arbitration clause that it added with the new terms of service, forcing users to waive their right to participate in class action lawsuit. That obviously didn’t discourage this group of plaintiffs who said in the lawsuit that “Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us.’”

RELATED: Mark Zuckerberg Disappears from Google+ Due to Privacy Settings

No big deal. Instagram is a part of Facebook now, and Facebook has dealt with class action lawsuits before. Just seven months ago, it got slammed with a $ 15 billion class action suit from users who said that the social network was ”improperly tracking the internet use of its members even after they logged out of their accounts.” They haven’t settled yet, but if it winds up anything like the class action lawsuit over the Beacon advertising program a few years ago, it could take years to resolve and could cost Facebook millions. With some good lawyering, though, this latest lawsuit won’t cost as many millions as it could. But Instagram will never be the same.

Social Media News Headlines – Yahoo! News

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ET Exclusive: Jamie Foxx Opens His Home & Heart

Jamie Foxx may be the most eligible bachelor in Hollywood, and our own Nancy O'Dell is exclusively with the Oscar winner at his Santa Monica, CA home to talk about his career, his family and how he handles the media when there's a woman in his life.

The star of the upcoming Django Unchained says the worst thing that can happen in a relationship is to go public with it: "I like to stay quiet with anyone that dating; that I'm really, really dating, "he says. "If there's somebody that you're dating, the worst thing that you can do is let that [camera] touch you. Because once the camera touches you, [it's out]."

Video: Jamie & Kerry Party 'Django' Style

Watch the video to get a tour of Jamie's amazing home that he shares with his whole family, set on 40 acres with a stunning pool, a recording studio and an avocado grove!

One thing you won't find at Jamie's home, however, is his Best Actor Oscar statuette that he won for his performance in Ray.

Pics: Jamie & Leo Smolder in 'Django'

"I never wanted to keep it at the house -- I never wanted to get stuck," says Jamie, whose pal and former manager Jamie King holds onto the statuette for him. "It changes you. … I just wanted to go back to being funny."

Watch the video for more of Jamie's interview, including his reaction to the current Oscar buzz for Django Unchained!

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Jack Klugman dies at 90

LOS ANGELES — Jack Klugman, the prolific, craggy-faced character actor and regular guy who was loved by millions as the messy one in TV's "The Odd Couple" and the crime-fighting coroner in "Quincy, M.E.," died Monday, a son said. He was 90.

Klugman, who lost his voice to throat cancer in the 1980s and trained himself to speak again, died with his wife at his side.

"He had a great life and he enjoyed every moment of it and he would encourage others to do the same," son Adam Klugman said.

Adam Klugman said he was spending Christmas with his brother, David, and their families. Their father had been convalescing for some time but had apparently died suddenly and they were not sure of the exact cause.

AP

Jack Klugman

"His sons loved him very much," David Klugman said. "We'll carry on in his spirit."

Never anyone's idea of a matinee idol, Klugman remained a popular star for decades simply by playing the type of man you could imagine running into at a bar or riding on a subway with — gruff, but down to earth, his tie stained and a little loose, a racing form under his arm, a cigar in hand during the days when smoking was permitted.

His was a city actor ideal for "The Odd Couple," which ran from 1970 to 1975 and was based on Neil Simon's play about mismatched roommates, divorced New Yorkers who end up living together. The show teamed Klugman — the sloppy sports writer Oscar Madison — and Tony Randall — the fussy photographer Felix Unger — in the roles played by Walter Matthau and Art Carney on Broadway and Matthau and Jack Lemmon in the 1968 film. Klugman had already had a taste of the show when he replaced Matthau on Broadway and he learned to roll with the quick-thinking Randall, with whom he had worked in 1955 on the CBS series "Appointment with Adventure."

"There's nobody better to improvise with than Tony," Klugman said. "A script might say, 'Oscar teaches Felix football.' There would be four blank pages. He would provoke me into reacting to what he did. Mine was the easy part."

They were battlers on screen, and the best of friends in real life. When Randall died in 2004 at age 84, Klugman told CNN: "A world without Tony Randall is a world that I cannot recognize."

In "Quincy, M.E.," which ran from 1976 to 1983, Klugman played an idealistic, tough-minded medical examiner who tussled with his boss by uncovering evidence of murder in cases where others saw natural causes.

"We had some wonderful writers," he said in a 1987 Associated Press interview. "Quincy was a muckraker, like Upton Sinclair, who wrote about injustices. He was my ideal as a youngster, my author, my hero.

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Miami: We’re still busiest cruise port

Florida’s ports are steaming bow-to-bow in the race to be the world’s businest cruise ship port.

Though some publications have reported Port Canaveral in the lead with 3,761,056 million for its fiscal year ending Sept. 30, PortMiami officials Monday said they had hosted 3,774,452 passengers during the same period, putting it slightly ahead. Fort Lauderdale’s PortEverglades reported 3,689,000 passengers for the period, putting it slightly behind the others in third place.

“We’re all very close,’’ said Paula Musto, PortMiami spokeswoman.

PortMiami has slipped below its previous high of 4 million plus passengers because of changing ship deployments, she said. That number is expected to again cruise past 4 million in 2013 as several new ships homeport in Miami.

Jane Wooldridge

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Despite arrests, ballot brokers get ready for 2013 elections

When two well-known absentee-ballot brokers in Hialeah were arrested four months ago on charges of electoral fraud, several of their accomplices stayed away from politics, fearing they would be discovered during the campaigns leading up to the November elections.

However, given authorities’ apparent lack of interest in investigating the cases, some of the Miami-Dade ballot brokers, known as boleteros, have already begun to coordinate the collection of absentee ballots for next year.

There will be elections in 2013 in 15 of Miami-Dade’s 35 municipalities, among them the largest cities in the county — Miami, Hialeah and Miami Beach.

“When I saw on television that they had arrested that woman in Hialeah, I told my husband, ‘I’m glad it wasn’t me,’ ” said an experienced boletera who has worked for several municipal campaigns during the past decade.

“But I think it’s unfair that the politicians who hire us can simply wash their hands and not one of them has been arrested,” added the woman, who asked to remain anonymous.

So far there has not been a deep investigation into the politicians who benefited from the work of boleteros Deisy Cabrera and Sergio Robaina, who were arrested in August. Authorities made the arrests under a county ordinance that, beginning last July, penalized those who collect more than two ballots belonging to other people.

The ordinance was intended to reduce electoral fraud, but its future is uncertain. Attorney Thomas Cobitz, who represents Robaina, has questioned its constitutionality in court, alleging that it violates Robaina’s freedom of political expression and the rights of voters who seek assistance from others.

Miami-Dade Circuit Judge Milton Hirsch will hear arguments from Cobitz and prosecutor Tim VanderGiesen on Jan. 15.

“We expect the ordinance’s constitutionality to be reaffirmed,” said County Commissioner Rebeca Sosa, who sponsored the measure last year. “Our duty as commissioners is to make sure that we stop the abuse, guarantee the rights of every voter and make sure that everyone’s vote counts.”

Regardless of what happens in court, the cases of Cabrera and Robaina have revealed how the business of boleteros can lead to the abuse of elderly voters, some of them illiterate or mentally disabled. El Nuevo Herald interviewed about 10 voters whose absentee ballots ended up in the hands of Cabrera and Robaina, and who said they did not know whom they had voted for. Some of them suffer from Alzheimer’s.

“Democracy is the big loser in all of this because there is no justice,” said Joe Carollo, who in 1997 was named mayor of Miami by a court after an electoral fraud scandal. “There are voters now who are frustrated and who do not even want to vote, believing that their vote doesn’t count and that nothing will change.”

Cabrera, 57, was arrested on Aug. 2, accused of collecting 31 absentee ballots belonging to other people and for allegedly forging the signature of a dying, elderly woman at a hospice. Cabrera, who says she is not guilty, refused to comment for this report through her attorney, Eric Castillo.

Cabrera’s arrest prompted a political scandal that affected two of the most important election campaigns in Miami-Dade a few weeks before the Aug. 14 primaries. Authorities noted Cabrera’s presence in the Hialeah office for the reelection of county Mayor Carlos Gimenez, who has said she did not work for his campaign.

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How to Get Free Last-Minute Shipping

First, the bad news: the cut off for free shipping on most online sites was Tuesday, Dec 18^th. But the good news – we’ve got some sneaky ways to finagle free rush shipping and a list of sites still offering free shipping guaranteed to arrive before December 25^th.

Free Rush Shipping
Some of the biggest online retailers are still offering free last minute shipping:

• Barnes & Noble – free shipping on Nook HD through Dec. 22


• MacMall – free 2-day shipping on orders over $ 299 and under 25lbs – through 6 p.m. PST Dec. 22.


• Macy’s – free shipping on orders over $ 99. Place order 11:59 p.m. EST Dec. 20.


• The Northface – free 2-day shipping on everything through 11:59 p.m. Dec. 19.


• Walmart.com has extended free shipping through December 19^th on some items (check product page for eligibility)


• Overstock.com – free shipping on select gifts. Place order by Dec. 22 to receive by Christmas.


• Newegg   Free 2-Day shipping on over 200 items


• Target – free shipping on Daily Deals


• Victoria’s Secret – free shipping on orders over $ 100 using code “SHIP12.” Order by 5 p.m. EST on Dec. 20.


• Zappos – free shipping for all items with guaranteed Christmas delivery if ordered by 11:59 p.m. PST Dec. 22.

And the biggest of the big online retailers, Amazon, has a limited set of items available for free expedited shipping. These include jewelry, watches, clothing, video games, laptops, headphones, and kitchen items.

[Related: Great Gifts for Under $ 25]

But since many of the above deals are limited to select items, take a look at…

How to Get Free 2-Day Shipping on Just About Everything
Amazon Prime is a yearly subscription service. In exchange for a $ 79 fee, you get free 2 day shipping all year long. And yes, that also applies at Christmas (must order by 3 p.m. EST Dec. 22 to receive on time). Best deal is that you can get a free 6-month trial.

And here’s the real sneaky surprise: Do you have a family member who already belongs to Prime? They can nominate up to four people for the same free shipping benefits. Prime members nominate someone by going to their account, clicking “Settings” and “Manage Prime Membership.”

Also, Amazon Student is a free 6-month membership to Prime with all the benefits, providing you have an email address that ends in .edu.

But you don’t have to limit yourself to Amazon. Shoprunner.com also offers free 2-day shipping, though the membership service costs $ 8.95 a month – so not entirely free, but if you have numerous items still to buy, you could save a bundle.  And Shoprunner has tons of participating online retailers like Toys R Us, Sports Authority, Claire’s, PetSmart and EMS. Say you want to buy something from PetSmart.com, if you sign in with Shoprunner, many of the items on the site will be eligible for free 2-day shipping. One more thing to try: I was able to sign up for a free 1-year membership to Shoprunner using the promo code RUNNER. The site implied I had to be an American Express member, but it never asked for my details about the credit card, and now I have a membership. Good luck.

Ship to Store
Finally, the best last-minute option for many is to ship to store. You peruse all the options from home, pay online, and then pick up your selection at your local store. Tons of big retailers offer this service, and it guarantees your item will be in stock and waiting for you at customer service. Major retailers offering free Ship to Store include:

• Best Buy


• Target


• Toys R Us


• Walmart


• Sears

[Related: Best E-Reader for Under $ 100]

Brad Marshland contributed to this story.

Tech News Headlines – Yahoo! News

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Bethenny Frankel Separates From Husband of 2 Years

After two years of marriage, TV personality Bethenny Frankel and husband Jason Hoppy are separating.

"'It brings me great sadness to say that Jason and I are separating. This was an extremely difficult decision that as a woman and a mother, I have to accept as the best choice for our family. We have love and respect for one another and will continue to amicably co-parent our daughter who is and will always remain our first priority. This is an immensely painful and heartbreaking time for us," the former Real Housewives of New York City star's rep said in a statement.

Frankel, 42, also tweeted: "I am heartbroken. I am sad. We will work through this as a family."

In 2010, the couple were married and had their daughter, Bryn. Frankel and Hoppy's relationship was then documented in two reality TV shows, Bethenny Getting Married? and Bethenny Ever After...

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Obama joins mourners at memorial service for late Sen. Inouye in Hawaii

AFP/Getty Images

President Barack Obama and First Lady Michelle Obama stand in respect as the casket carrying the late Senator Daniel Inouye is carried past at the National Memorial Cremetary of the Pacific in Honolulu.

HONOLULU — President Barack Obama, Gov. Neil Abercrombie and other dignitaries attended a memorial service for the late Sen. Daniel Inouye on Sunday.

A 19-gun cannon salute was fired as Inouye's coffin arrived for the service at Honolulu's National Memorial Cemetery of the Pacific, the final resting place to thousands of World War II veterans. More than 400 members of the storied Japanese-American 442nd Regimental Combat Team — of which Inouye was a part — are buried at the site.

REUTERS

President Barack Obama hugs Irene Hirano Inouye, widow of the late U.S. Senator Daniel Inouye, after she receives the flag that draped his casket at the memorial service at the National Memorial Cemetery of the Pacific in Honolulu.

EPA

Senator Daniel Inouye died at the age of 88 Dec. 17. He was first Japanese-American elected to both houses of Congress and the second-longest serving senator in US history.

Several cabinet secretaries and a number of senators also attended the service, including fellow Hawaii Democrat Daniel Akaka and Senate Majority Leader Harry Reid.

"Daniel was the best senator among us all," Reid told those assembled. "Whenever we needed a noble man to lean on, we turned to Sen. Dan Inouye. He was fearless."

The 88-year-old Inouye died of respiratory complications on Dec. 17.

He was the first Japanese-American elected to both houses of Congress and the second-longest serving senator in U.S. history.

The past week has been marked by tributes and honors for Inouye, with services held in Washington and in Hawaii. He lay in state at both the U.S. Capitol Rotunda on Thursday and the Hawaii state Capitol on Saturday.

Inouye was a high school senior in Honolulu on Dec. 7, 1941, when he watched dozens of Japanese planes fly toward Pearl Harbor and other Oahu military bases to begin a bombing that changed the course of world events.

He volunteered for a special U.S. Army unit of Japanese-Americans and lost his right arm in a battle with Germans in Italy. That scratched his dream of becoming a surgeon and went to law school and into politics instead.

He became known as an economic power in his home state as part of the Senate Appropriations Committee, where he steered federal money toward Hawaii to build roads, schools and housing.

Obama eulogized Inouye during a service at Washington's National Cathedral on Friday, saying that Inouye's presence during the Watergate hearings helped show him what could be possible in his own life.

The president arrived early Saturday in Honolulu for his annual Christmas family vacation.

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Time’s up for holiday shopping procrastinators

Last minute shoppers like Josette Tyne are in luck this year.

With a long weekend before Christmas, retailers want to make it easier for procrastinators to finish their gift buying. Macy’s for the first time is keeping all its stores open around the clock from Friday until Sunday at midnight. Toys “R” Us and Walmart Supercenters will be open non-stop until Christmas Eve.

Even those retailers skipping the all nighter still have added extended hours often as late as 11 pm or midnight. Coupled with a flurry of last minute promotions, they hope to lure shoppers, many of whom have been largely sitting on the sidelines since Black Friday.

Tyne, 33, just starting her shopping this week at Aventura Mall, armed with a list of about two dozen people and the presents they wanted. The list would have been longer if the Fort Lauderdale resident hadn’t limited it to the kids in her family.

“I’ll probably be shopping every day from now till Sunday,” said Tyne, as she wheeled the youngest of her three boys around H&M in a stroller before heading on to Game Stop, Urban Outfitters and BCBG. “Whatever catches my eye. Luckily the kids usually like everything I get. I’m the awesome Auntie.”

A Consumer Reports Poll released earlier this week found that with just five shopping days left until Christmas, a whopping 68 percent of shoppers — a projected 132 million Americans — have yet to finish their holiday shopping.

With an early Thanksgiving leaving an extra week until Christmas and a long weekend before Tuesday’s holiday, shoppers have felt little need to rush. They also haven’t found December deals to be quite as compelling as the November sales.

Based on disappointing sales trends earlier this month, ShopperTrak said Wednesday it was cutting its holiday sales forecast. The company, which counts foot traffic and its own proprietary sales numbers from 40,000 retail outlets across the country, now expects a 2.5 percent sales increase to $257.7 billion, down from the 3.3 percent growth it initially predicted. The National Retail Federation is sticking with its prediction of a 4.1 percent sales increase.

Online sales trends are more encouraging, up 13 percent to $35 billion from Nov. 1 through Dec. 16, according to comScore, an online research firm. But that pace is below the forecast of 17 percent for the season.

“It’s coming down to the wire,” said David Bassuk, managing director and co-head of the retail practice at AlixPartners, a global consulting firm. “It’s going to require retailers to be more aggressive with their promotions than they were hoping heading into the weekend.”

While the economy is certainly in a better position than it was during the recession, many consumers still feel uneasy this year about their financial future. Some are worried about the U.S. job market and others fear the stalemate between Congress and the White House over federal “fiscal cliff’’ that could lead to tax increases and less disposable income for shoppers.

That was the case for Latonya Jones, on the hunt for bargains at Aventura Mall, coupon-loaded iPad in hand.

“I wasn’t going to buy anything this year, because I wanted to save money,” said Jones, 39, of Miami Gardens, who was shopping with her daughter Richelle, 12, this week in Macy’s. “But then I changed my mind.”

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In Miami Beach, homes face teardown frenzy or preservationist zeal

In South Florida’s suddenly resurrected real estate market, Miami Beach has plenty to offer buyers in search of a dream home.

Stocked with miles of bayfront land and picturesque waterways, the Million Dollar Sandbar boasts scores of pricey waterfront properties. And, for better or worse, many lots come standard with pre-WWII homes designed by some of Miami’s most famous early architects.

To some buyers, these homes are collectors’ items to be restored. To others, their presence is increasingly incidental and hopefully temporary.

In the past year, city planners say, 20 such houses have been approved for demolition in Miami Beach as buyers and owners choose not to laboriously restore or renovate and expand what exists but instead construct custom, modern homes. Compare that to just 13 the previous five years.

The trend has been called an “epidemic” by the city’s preservation-minded mayor. And it has caught the attention of activists, who this past week announced that they will begin scouring neighborhoods outside historic districts to protect notable homes from being demolished — even if it means battling couples and families.

“We hadn’t considered that owners would want to demolish such important structures, or fail to see their merit,” said Mike Kinerk, a leading member of the Miami Design Preservation League. “We will be moving to designate all important houses in the city.”

The new battle between preservation and property rights officially began Wednesday when Kinerk signed an application to designate an iconic whitewashed house on the southeast corner of super-exclusive Star Island a protected landmark in order to keep it from being torn down by Leonard Hochstein and his wife, Lisa Hochstein, a cast member of Bravo’s Real Housewives of Miami.

The 1925 home, designed by Walter DeGarmo, who designed some of South Florida’s most historic homes, is to be replaced by a 20,000-square-foot Neo-Classical estate. The proposal has evoked a strong reaction from critics, including the league’s chairman, Charles Urstadt, who called the plans “immoral” during a public hearing.

The Hochsteins have taken the criticism personally. In an interview Thursday, Leonard Hochstein called the attempt to designate his home historic a “despicable” publicity stunt. He said the long but thin home is beyond salvageable, citing electrical fires, structural flaws, a foundation that sits below a federal flood plain, an illegal third-floor addition and plumbing that doesn’t extend above the first floor.

“I’m not trying to make this home a museum,” he said. “I’m trying to make a home for my family.”

He is doing so within the confines of Miami Beach’s laws.

About a dozen years ago, the last time residential redevelopment outside the city’s protected historic districts became a hot political issue, the Miami Beach commission passed a law intended to maintain flexibility for property owners, but also encourage them to renovate older homes. They drew a line in the sand at the year 1942, and required that any proposal to raze “architecturally significant” homes built before that date receive approval from the city’s Design Review Board.

While proposals for large replacement homes require proof that there is “good cause” to demolish an existing, pre-1942 house, tearing down such homes often requires little more than approval for a new design unless the home is designated historic. And many homeowners have taken advantage this year, often building bigger houses on prime property.

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