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Trump Prefers Supporters Don’t Chant ‘Send Her Back’ – TIME

August 1st, 2019

Trump Prefers Supporters Don’t Chant ‘Send Her Back’ | Time

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Katy Perry and Others Must Pay $2.8 Million in Dispute Over ‘Dark Horse,’ Jury Says – The New York Times

August 1st, 2019

A federal jury in Los Angeles on Thursday decided that Katy Perry and others must pay $2.8 million in damages in a copyright dispute over her 2013 song “Dark Horse.”

The verdict came three days after the jury found that Ms. Perry, her record company and other collaborators were liable for copyright infringement because parts of “Dark Horse” resembled “Joyful Noise,” a Christian rap song from 2008 by the artist Flame, whose real name is Marcus Gray.

According to the verdict, Ms. Perry must pay $550,000, while her label, Capitol Records, owes nearly $1.3 million. Ms. Perry’s five collaborators in writing the song were also ordered to pay, including the star producers Max Martin, who owes $253,000, and Dr. Luke, who owes $61,000 personally, while his company, Kasz Money Inc., owes $189,000.

The jury found that 22.5 percent of the profits from “Dark Horse” — which held the No. 1 spot on Billboard’s Hot 100 chart for four weeks in 2014 — were attributable to parts of “Joyful Noise.”

Michael A. Kahn, a lawyer for Mr. Gray, said in a statement: “Our clients filed this lawsuit five years ago seeking justice and fair compensation for the unauthorized taking of their valuable creation. It has been a long and arduous path to this day, but they are quite pleased to have received the justice they sought.”

A representative for Ms. Perry declined to comment, and her lawyer did not immediately respond to a request for comment.

“Dark Horse” is the latest music copyright case to draw wide attention and has revived debate about what constitutes infringement. Lawyers for Ms. Perry argued that what little the two songs had in common were basic and generic musical elements — like a melodic pattern of a few repeated notes — that could not be protected by copyright.

Four years ago, a jury found that Robin Thicke and Pharrell Williams’s song “Blurred Lines” copied Marvin Gaye’s “Got to Give It Up”; Mr. Thicke and Mr. Williams were ultimately ordered to pay more than $5 million.

Next month, a federal appeals court in San Francisco will consider whether Led Zeppelin’s classic “Stairway to Heaven” copied a far less known song, “Taurus” by the band Spirit, in a case being closely watched in the music industry.

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‘I was thinking I wasn’t going to make it’: Survivor of grizzly bear attack near Powell River tells his tale – Vancouver Sun

August 1st, 2019

WARNING: GRAPHIC IMAGES IN STORY

Organs exposed, Colin Dowler managed to cycle seven kilometres for help after a harrowing grizzly bear attack in the remote backcountry north of Powell River.

The Campbell River man was exploring hiking routes on Mt. Doogie Dowler, named after his grandfather, on Monday, a day before his 45th birthday.

He was biking down when he came across a large bear about 30 metres away, lumbering up the road. Comfortable in the outdoors, but more a fisherman than a hiker, Dowler stopped, unsure of what to do.

He banged a hiking pole on his bike to try to scare the bear away, then used it to gently poke it on the head. He even tried negotiating with the bear, saying, “we don’t have to have a problem here. Everything’s OK.”

But the bear was relentless. It pushed Dowler’s bike and ignored his backpack, which Dowler had thrown on the ground. When the 350-pound adult male bear came for him, it wasn’t in wild, sudden lunges, but with “methodical” and “powerful swats.” It swiped at his abdomen, exposing internal organs. It then dragged Dowler to a ditch about 15 m away, then started tearing and gnawing on his legs and feet.

Dowler tried to pry the bear’s mouth off of his leg and gouge its eye out. He even tried to play dead, but the bear wasn’t falling for it. “It kept chewing so the dead thing wasn’t going to work.”

Dowler remembers the bear’s saliva dripping onto his hand. He also remembers hearing what sounded like bone getting grated up. That, said the doctor, was the sound of the bear’s teeth sinking so deep into Dowler’s leg that it hit bone.

Somehow, Dowler managed to get a pocket knife his father had given him two weeks ago from his right pocket and plunged the two-inch blade into the bear’s neck.

The animal let go.

Dowler crawled back to his bike. He used the same knife to cut off a sleeve to make a tourniquet for his leg. He managed to get on the bike and pedal to the nearest logging camp.

“I was thinking I wasn’t going to make it,” Dowler said.


Some of the lesser injuries suffered by bear attack victim Colin Dowler. Postmedia has decided not to publish Dowler’s more gruesome wounds.

Submitted / PNG

At the camp, five loggers performed crucial first aid on Dowler. He was taken by air ambulance to Vancouver General Hospital, where he was treated for puncture wounds and deep cuts, and required surgery for damage to his femoral artery.

The B.C. Conservation Office doesn’t know what triggered the bear’s unprovoked attack. Officers who went to the site Tuesday killed a bear that was stalking them from the rear. That bear had a neck injury, indicating it was the same bear that attacked Dowler.

In hospital Thursday, holding wife Jenifer’s hand, Dowler was in good spirits.

Both expressed their gratitude to the loggers who saved Dowler’s life. “You guys rock,” Dowler said. “Dinner’s on me when I get better.”


Two teddy bear stuffies in Colin Dowler’s hospital room. They were get-well-soon gifts from his nieces.

Arlen Redekop / PNG

Grizzly bear attacks are rare, with the hospital seeing about one or two cases a year, said Dr. Naisan Garraway, head of trauma at VGH.

In addition to the first aid, Garraway also credited Dowler’s quick wits for his “incredible” story of survival.

“He was able to control some of the hemorrhaging himself, which is super important,” he said. “Anytime along the way (on his bike) if he’d lost consciousness, he might not have made it.”

Dowler, a maintenance manager for Vancouver Island Health, said his survival instincts kicked in.

“It was just a practical set of decisions to get there,” he said. “It really was: ‘What do I need to do next?’ ”

chchan@postmedia.com

twitter.com/cherylchan

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Survival expert says 90% chance B.C. murder suspects are still alive – Global News

August 1st, 2019

The possibility two teenage murder suspects on the run are still alive could be as high as 90 per cent, according to one survival expert.

A nationwide manhunt has been underway for nine days for the accused killers 18-year-old Bryer Schmegelsky and 19-year-old Kam McLeod. They have been charged with the death of Vancouver man Leonard Dyck and are the primary suspects of the deaths of Australian Lucas Fowler and his American girlfriend Chynna Deese.

READ MORE: Manhunt for B.C. murder suspects enters new chapter as Ontario police probe ‘suspicious’ car

They were last confirmed seen near the town of Gillam in northern Manitoba on July 22, leading the RCMP to search the tough terrain there, which they said includes unrelenting insects and lots of swamp.

Dave MacDonald, the founder and lead instructor at the International Canadian School of Survival, however, told the John Oakley Show that people in survival situations shouldn’t be underestimated.

“The possibility [they are alive] is there,” he said. “Given everything we know, I would say there is still a 90 per cent chance they’re still alive.”

He says that near Gillam they do have the necessities to survive, such as lots of water, which they would need to purify either with UV rays, by boiling or by filtering through a T-shirt, as well food from fishes, grouses and berries.

WATCH: RCMP scaling back search for BC murder suspects in Gillam, Man

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MacDonald says that young grouse “are not that quick,” easy to kill and abundant in that area, and the fishing is also “pretty good” there.

The two would need 4,000-6,000 calories a day to survive, especially if moving, according to MacDonald.

However, MacDonald does note that the two face some challenges.

They would have to face the heat during the day, which can get up to the high 20s, according to MacDonald, then dropping temperatures at night that can go down to four degrees – causing a chance of hypothermia, especially since they likely won’t start a fire to avoid being spotted.

READ MORE: ‘Military-style survival’: How B.C. murder suspects may be faring in the harsh Manitoba wilderness

The bugs could also get to them psychologically, MacDonald says, and they could attract dangerous wildlife, such as bears or coyotes.

“They could definitely be hurting,” he said. “They could be in real sad shape psychologically and physically for sure.”

One factor that could boost their survival chances is breaking into a cabin in the area, of which MacDonald says there are lots of.

If they are alive in northern Manitoba, then it would be easy for them to hide, according to MacDonald, which the RCMP has said as well.

WATCH: RCMP say they’ve done ‘everything they can’ to locate BC murder suspects

“It’s a very tough place to find somebody who doesn’t want to be found,” RCMP Assistant Commissioner Jane MacLatchy said Thursday.

Or they might not be in northern Manitoba at all.

Ontario Provincial Police said officers received reports of two “suspicious” men driving a white vehicle near Kapuskasing, Ont. on Thursday that the caller said looks like the suspects, but police have not confirmed it.

The news came hours after RCMP announced they are winding down their search efforts in Gillam, Man.

-With files from Rachael D’Amore

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Katy Perry, others ordered to pay $2.78M for copying song – Honolulu Star-Advertiser

August 1st, 2019
  • WOCHIT NEWS

    A jury has declared Katy Perry a plagerist. Christian rapper Flame sued Perry, claiming her 2013 song “Dark Horse” copied “Joyful Noise.” The unanimous decision from a nine-person jury came after a weeklong trial.

  • ASSOCIATED PRESS

    Katy Perry at the New Orleans Jazz and Heritage Festival in New Orleans.

LOS ANGELES >> Katy Perry, her collaborators and her record label must pay more than $2.78 million because the pop star’s 2013 hit “Dark Horse” copied a 2009 Christian rap song, a federal jury decided today.

It was an underdog victory for rapper Marcus Gray, a relatively obscure artist once known as Flame, whose 5-year-old lawsuit survived constant court challenges and a trial against top-flight attorneys for Perry and the five other music-industry heavyweights who wrote her song.

The amount fell well short of the nearly $20 million sought by attorneys for Gray and the two co-writers of “Joyful Noise” — Emanuel Lambert and Chike Ojukwu — but they said they were pleased.

“We weren’t here seeking to punish anyone,” said Gray’s attorney, Michael A. Kahn. “Our clients came here seeking justice, and they feel they received justice from a jury of their peers.”

Perry herself was hit for just over $550,000, with Capitol Records responsible for the biggest part of the award — $1.2 million. Defense attorneys had argued for an overall award of about $360,000.

Perry’s attorney, Christine Lepera, said they plan to vigorously fight the decision.

“The writers of Dark Horse consider this a travesty of justice,” Lepera said.

“Dark Horse,” which combines elements of pop, hip-hop and trap styles, was a mega-hit for the Santa Barbara, California-born singer, with its call-and-response chorus of “Are you ready for (ready for), a perfect storm (perfect storm)?”

It spent four weeks at No. 1 on Billboard’s Hot 100 in early 2014, and Perry would later perform it at the Super Bowl.

Gray, a native of St. Louis, sued later in 2014. His song of earnest and ebullient praise stood in stark contrast to the playful black magic evoked by “Dark Horse,” and an early version of the lawsuit faulted Perry’s song for tainting the sanctity of his.

The two-week trial had two phases: One about music, one about money.

Perry took the witness stand on the first day of testimony. She testified, as her co-writers would, that she had never heard of Gray or Flame or “Joyful Noise” until he sued.

She got a rare laugh from the courtroom when her attorneys were struggling with technical issues as they tried to play a part of “Dark Horse.”

“I could perform it for you live,” said Perry, who did not appear in court for the rest of the trial.

The jury heard testimony from musicologists on the disputed section of the two songs — a piece of the musical backing track that plays during the verses of “Dark Horse” and throughout almost all of “Joyful Noise.”

While jurors were told to consider only those sections, they gave a surprisingly sweeping verdict Monday that held all six songwriters responsible for copying “Joyful Noise.” That included Perry, who wrote only lyrics, her co-lyricist Sarah Hudson, and Juicy J, who only provided a rap verse for the song.

The instrumental track that was most at issue was created by Dr. Luke, Max Martin and Circuit.

During closing arguments earlier today, Gray’s attorneys said that because the relevant riff plays through 45 percent of “Dark Horse,” the plaintiffs should get 45 percent of its earnings, including every album that included it. They put those overall earnings at $41 million, thus seeking nearly $20 million.

The defense argued that only fractions of the album earnings should count for the single song and that considerable promotional expenses paid by Capitol Records should be subtracted.

Gray’s attorneys said those expenses were gratuitous, pointing out to jurors that they included $13,000 for a hairstylist for Perry for one awards show and nearly $2,000 for flashing cocktail ice cubes.

The nine jurors deliberated for two full days to reach their initial verdict but took just a few hours to decide on dollar amounts.

Perry’s five co-writers were each given penalties to pay that ranged from about $60,000 for Dr. Luke to more than $250,000 for Martin.

The jurors decided that the instrumental riff the two sides were fighting over was responsible for 22.5 percent of the success of “Dark Horse” and handed out the awards accordingly.

The defendants’ fight against the decision will begin immediately. U.S. District Judge Christina A. Snyder, who presided over the trial, will now consider a motion to throw out the case.

Lepera, Perry’s attorney, said outside court that the plaintiffs presented no evidence of copyright infringement, no evidence that the songwriters had access to “Joyful Noise” and no evidence the songs that were substantially similar.

“The only matter in common is an unprotectable C and a B note, repeated,” Lepera said. “We’ve been receiving outcry from people all over the world, including other musicologists.”

If the judge upholds the verdict, the case will almost certainly head to an appeals court, where jury awards in similar cases have often been changed or thrown out in recent years.

In the case of another 2013 mega-hit, “Blurred Lines,” a jury found singers Robin Thicke and Pharrell Williams copied R&B legend Marvin Gaye’s “Got to Give it Up” and ordered them to pay Gaye’s children nearly $7.4 million. The award was trimmed on appeal last year to just short of $5 million.

Kahn said he would be happy to keep up the battle.

“We think this is a fair and a just result, and we will defend it no matter how they fight it,” he said.

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Trump takes aim at Democrats during Ohio rally – Global News

August 1st, 2019

Razer’s Viper mouse uses optical switches to get that perfect headshot – Engadget

August 1st, 2019

Razer’s Viper mouse uses optical switches to get that perfect headshot  Engadget

No matter how great a gaming mouse is, there’s always going to be some sort delay from when you click a button, to when your computer registers it. Razer is …

View full coverage on Google News

Microsoft, software

Fitbit Versa 2 Rumors: Built-in Alexa with Apple Watch Looks – Tom’s Guide

August 1st, 2019

Ninja Leaves Twitch, Will Stream Exclusively On Mixer – GameSpot

August 1st, 2019

Streamer Ninja, whose real name is Tyler Blevins, is ditching Twitch for rival streaming platform Mixer. The super-popular streamer announced the news in a fake press conference video today.

He stated that nothing will change in terms of content. “It’s the same me, just a different platform,” he said. Intriguingly, Ninja also said he plans to “get back in touch with my roots” as it relates to streaming. That’s noteworthy because Ninja started out as a popular Halo streamer before going on newer titles; he is most recently famous for streaming Fornite. Microsoft’s next Halo game, Halo Infinite, launches in Holiday 2020.

Master Chief even makes an appearance in the announcement video, which further suggests Ninja coming to Twitch may be related to Halo and specifically helping to promote Halo Infinite.

Ninja was far away and away the most-followed Twitch user, with some 14.7 million followers. Microsoft is surely hoping that a portion of Ninja’s audience moves with him to Mixer. Ninja’s Mixer page is already incredibly popular, picking up 100,000+ subscribers in its first day.

Ninja is offering free subscriptions in August; that gets you 22 Ninja-themed emoticons and no ads. Just like on Twitch, Ninja said he plans to stream from 9:30 AM CST to 6 PM CST every single day.

Microsoft’s signing of Ninja comes not long after the company laid off content creators and producers at Mixer and Insider Xbox, according to GameDaily.

Mixer, which was formerly known as Beam, was acquired acquired by Microsoft, distinguishes itself from Twitch with its emphasis on real-time viewer interaction. In 2018, Mixer introduced the ability to buy games directly from streamers (Twitch has this option as well).

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Why the U.S. quest for cheaper medications imported from Canada is one laden with hurdles – The Globe and Mail

August 1st, 2019

Pharmaceutical companies would undercut their profits in the United States if they were to import versions of drugs already sold by them to other countries.

Julio Cortez/The Associated Press

What, exactly, is the Trump government proposing?

U.S. Health and Human Services Secretary Alex Azar unveiled a proposal on Wednesday that contemplates two “pathways” for importing drugs in bulk from Canada.

The first pathway would allow states, pharmacists or wholesalers – the middlemen of the drug supply chain – to apply to Health and Human Services (HHS), the cabinet department that administers health programs, for permission to run a pilot project safely importing some cheaper Canadian prescription drugs into the United States.

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At least four states, including Vermont and Florida, have passed laws that would allow them to buy Canadian medications in bulk with Washington’s permission. The first pathway seems designed to grant that permission, albeit in a very limited way.

The second pathway would allow drug makers themselves to import cheaper versions of the drugs they already sell in countries other than the U.S., including Canada. For this option to work, pharmaceutical companies would have to volunteer for a program that would mean undercutting their U.S. profits.

The Pharmaceutical Research and Manufacturers of America (PhRMA,) the chief lobbying group for brand-name drug makers, has already come out against the plan, calling it, “far too dangerous for American patients.”

Pharmaceutical companies will likely lobby against the plan.

SCOTT EISEN/Getty Images

Are there other hurdles to Trump’s plan?

Yes. The first is timing. Mr. Azar promised Wednesday to issue what is known as a Notice of Proposed Rulemaking that would open the door to the first pathway, which seems likelier to be used than the second.

Such proposed rules require public consultation and normally take more than a year to be finalized, said Rachel Sachs, a drug-pricing expert who teaches law at Washington University in St. Louis.

“Here, there is the added complication that the final rule doesn’t actually do anything on its own,” she said. “What the final rule would do is set up a pathway for states to submit applications for demonstration projects on importation. Those would then need to be reviewed, maybe subjected to edits, and then approved.”

Ms. Sachs said it was “highly unlikely” that process could be completed before the 2020 election.

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Another obstacle is the pharmaceutical industry, which can do more than vigorously lobby against Mr. Trump’s importation plan, as it is expected to do. Major multinational pharmaceutical companies could fight the plan in court or at the very least direct their Canadian subsidiaries not to co-operate with states pitching demonstration projects to HHS.

About 20 per cent of Canadians, or more than 7.5 million people, are estimated to be either uninsured or underinsured for prescription drug costs. A national pharmacare plan would address that, and aim to save billions of dollars. Globe health reporter Kelly Grant explains.

A lot of media attention has been paid to the high price of insulin in the U.S. Would this plan make cheaper Canadian insulin available to American patients?

Likely not. The proposed first pathway excludes controlled substances, infused drugs, intravenously injected drugs and biologics, which are complex drugs manufactured from living organisms. Insulin is a biologic, as are many of the high-priced drugs that have fuelled American anger over drug prices.

Insulin could be imported under the second pathway, if any insulin maker is willing to play ball.

HHS’s Safe Importation Action Plan points out that, in recent years, “multiple manufacturers have stated (either publicly or in statements to the administration) that they wanted to offer lower-cost versions but could not readily do so because they were locked into contracts with other parties in the supply chain.”

The second pathway offers drug makers a way around those contracts, Mr. Azar said on Wednesday.

Louisiana Senator Bill Cassidy speaks during a Senate finance committee hearing with pharmacy benefit managers exploring the high cost of prescription drugs on Capitol Hill in Washington on April 9, 2019.

Susan Walsh/The Associated Press

If the Trump government’s plan becomes a reality, how big of an impact could it have on the Canadian drug supply?

That’s hard to say, but one U.S. study published last year predicted that if 20 per cent of U.S. prescriptions were filled using Canadian prescription-drug sources, the Canadian drug supply would be exhausted in 183 days.

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Shortages of mostly cheaper generic drugs are already a severe and growing problem in Canada, the Canadian Pharmacists Association (CPhA) says. The vast majority of pharmacists say shortages have “greatly increased,” in the past three to five years and Ottawa is currently reporting 1,846 actual drug shortages on its mandatory reporting site.

The reasons for the shortages are complex: They run the gamut from problems at overseas manufacturing plants to a Canadian pricing structure that has prompted some generic companies to quit making drugs that are no longer profitable. But the problem would inevitably become worse if Mr. Trump’s importation plan became a reality.

In that case, what can the Canadian government do to block bulk importation?

Prime Minister Justin Trudeau promised Thursday to protect Canada’s drug supply, echoing an earlier statement from Canada’s Health Minister. The government was not clear on what legal levers it might use to mitigate the U.S. proposal.

Trudeau pledges access to medication as pharmacists, patient groups fear shortage

U.S. Customs raiding Canadian pharmacies? Just say no

Why are Canadian drugs so much cheaper than American drugs?

First, it’s important to understand that the price differences don’t have anything to do with the pills or tablets themselves.

“When Americans are buying a Canadian drug at Canadian prices, really they’re just buying the same drug – just like if you’re buying a Honda car north or south of the border, it’s probably made in the same plant,” said Steve Morgan, a pharmaceutical policy expert at the University of British Columbia.

Canada has a regulator called the Patented Medicine Prices Review Board (PMPRB) that sets introductory ceiling prices for brand-name drugs. It also limits the amount by which the makers of patented drugs can raise their prices every year.

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On top of that, Canada’s federal, provincial and territorial drug plans have a formal alliance that negotiates confidential discount deals on new brand-name medications as they enter the Canadian market, meaning the real prices are usually lower than sticker or “list” prices.

The sticker prices for Canada’s brand-name drugs are still among the highest in the world, but they are far lower than prices south of the border.

U.S. citizen Quinn Nystrom, who lives with Type 1 diabetes, waits to purchase lower-priced insulin while Vermont Senator Bernie Sanders talks about the high cost of health care in the United States in a Canadian pharmacy in Windsor, Ont., on July 28, 2019.

REBECCA COOK/Reuters

Aren’t there easier ways that the U.S. could lower its drug prices?

Yes. One straightforward option would be to allow Medicare and Medicaid – the U.S. programs that cover prescription drugs for seniors and the poor – to negotiate prices with drug makers, something prohibited by law.

“That would be an easy fix,” said Neil Palmer, a senior strategic adviser at PDCI Market Access and a former policy developer for the PMPRB. “Your biggest customer should be able to negotiate drug prices.”

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