Smokers celebrate as Wash. legalizes marijuana

SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.

Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.

A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.

"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"

Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.

Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.

King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.

Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.

Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."

Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.

Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.

"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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North Korea considers delaying controversial rocket launch

SEOUL, South Korea (AP) — North Korea may postpone the controversial launch of a long-range rocket that had been slated for liftoff as early as this week, state media said Sunday, as international pressure on Pyongyang to cancel the provocative move intensified.

Scientists have been pushing forward with final preparations for the launch from a west coast site, slated to take place as early as Monday, but are considering "readjusting" the timing, an unidentified spokesman for the Korean Committee for Space Technology told North Korea's state-run Korean Central News Agency.

It was unclear whether diplomatic intervention or technical glitches were behind the delay. A brief KCNA dispatch said scientists and technicians were discussing whether to set new launch dates but did not elaborate.

Word of a possible delay comes just days after satellite photos indicated that snow may have slowed launch preparations, and as officials in Washington, Seoul, Tokyo, Moscow and elsewhere urged North Korea to cancel a liftoff widely seen as a violation of bans against missile activity.

Commercial satellite imagery taken by GeoEye on Dec. 4 and shared Friday with The Associated Press by the 38 North and North Korea Tech websites showed the Sohae site northwest of Pyongyang covered with snow. The road from the main assembly building to the launch pad showed no fresh tracks, indicating that the snowfall may have stalled the preparations.

However, analysts believed rocket preparations would have been completed on time for liftoff as early as Monday.

North Korea announced earlier this month that it would launch a three-stage rocket mounted with a satellite from its Sohae station southeast of Sinuiju sometime between Dec. 10 and Dec. 22. Pyongyang calls it a peaceful bid to send an observational satellite into space, its second attempt this year.

The launch announcement captured global headlines because of its timing: South Korea and Japan hold key elections this month, President Barack Obama begins his second term next month and China has just formed a new leadership. North Koreans also have begun a mourning period for late leader Kim Jong Il, who died on Dec. 17, 2011.

Last week, U.S. Secretary of State Hillary Rodham Clinton said Washington was "deeply concerned" about the launch, and urged foreign ministers from NATO and Russia to demand that Pyongyang cancel its plans.

U.S. and others said the launch would violate U.N. Security Council resolutions banning North Korea from nuclear and missile activity because the rocket shares the same technology used for firing a long-range missile.

North Korea has unveiled missiles designed to target U.S. soil and has tested two atomic bombs in recent years, but has not shown yet that it has mastered the technology for mounting a nuclear warhead to a long-range missile. Six-nation negotiations to offer North Korea much-needed aid in exchange for nuclear disarmament have been stalled since 2009.

China, the North's main ally and aid provider, noted its "concern" after North Korea declared its plans. It acknowledged North Korea's right to develop its space program but said that had to be harmonized with restrictions including those set by the U.N. Security Council.

In Seoul, officials at the Defense Ministry, Joint Chiefs of Staff and the Foreign Ministry said Sunday they couldn't immediately find what might be behind the possible delay.

North Korea may hold off if Washington actively engages Pyongyang in dialogue and promises to ship stalled food assistance to the country, said Koh Yu-hwan, a professor of North Korean studies at Seoul's Dongguk University.

In February, the U.S. agreed to provide 240,000 metric tons of food aid to North Korea in exchange for a freeze in nuclear and missile activities. The deal collapsed after North Korea attempted to launch a long-range rocket in April. That rocket broke up seconds after liftoff.

Analyst Baek Seung-joo of the South Korean state-run Korea Institute for Defense Analyses in Seoul said China must have sent a "very strong" message calling for the North to cancel the launch plans.

"North Korea won't say it would delay the launch due to foreign pressure so that's why they say scientists and technicians are considering delaying it," he said.

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Polarizing Indian politician seeks another win

DHOLKA, India (AP) — For thousands of voters in this dusty little town, nothing is impossible for Narendra Modi, the man they believe has worked magic to reinvent the economic landscape of his part of India. But still they gasp when the curtains open and Modi — suddenly, magically — appears in front of them.

Except he doesn't.

Modi was actually in a studio far away and had pulled off a technological sleight of hand, using hundreds of thousands of dollars in equipment to project a shockingly lifelike, three-dimensional holographic image of himself onto screens at election rallies in 26 towns and villages.

Eleven years after Modi became the chief minister of the western state of Gujarat, he is campaigning for his third term. And as ever, he remains disdainfully dismissive of accusations that 10 years ago he and his Hindu fundamentalist party colleagues had looked the other way and even encouraged marauding mobs of Hindus as they killed and burned their way through Muslim neighborhoods in Gujarat, leaving more than 1,100 people dead.

The accusations by survivors and rights activists — he was never charged with any crime — have redefined his image as one of the most polarizing politicians of modern India. To some, his hands are covered in blood. To others he is a dynamic leader and the savior of Hindu religion from Islamic fundamentalism.

Nearly everyone expects him to be swept into office, and the top leadership of his right-wing Bharatiya Janata Party is already hailing him as a future prime minister. Like the technology he uses in his speeches, they say, Modi is a man of the modern world.

Even many who shunned him in the aftermath of the riots are building bridges as the longtime Hindu ideologue markets Gujarat as a haven for investment and industry.

The riots began Feb. 27, 2002, when a train filled with Hindu pilgrims was attacked by a Muslim mob in a small Gujarat town. A fire erupted — it remains unclear whether it was arson — and 60 Hindus burned to death. In retaliation, Muslims were attacked across the state. Since that bloodletting, Modi has ruled over a state sharply divided along religious lines.

Years after the violence, Muslim survivors still live in what look like refugee camps.

One resettlement colony is located behind massive mountains of the city's garbage. The streets are pockmarked with giant potholes, flies swarm and goats gnaw on bits of garbage.

Modi "will always remind us of the madness that took over this city. We will always be reminded of the people who died in front of our eyes," said Sheikh Meiuddin Imamuddin, a 42-year-old autorickshaw driver.

No evidence directly links Modi to the violence and he insists he has no responsibility for the killings.

But the city police were directly under Modi's control when Hindu mobs, wielding iron rods and cans of gasoline, roamed the blockaded streets of Gujarat towns and cities, attacking Muslims in their homes, shops and vehicles. The bloodiest rioting lasted for a week, with sporadic attacks continuing far longer. Police often stood by idly as gangs pillaged Muslim homes.

In elections held soon after the riots, Modi played up his image as a defender of the state's Hindus, with campaign posters filled with images of flaming trains.

This time, though, he is determined that the elections, to be held Dec. 13 and 17, not be fought under the shadow of 2002.

Modi has worked relentlessly to market the idea of Gujarat as a business-friendly state. He has become a hero to a generation of businessmen.

So his campaign showcases the way Modi says he has transformed his state, bringing industries, jobs, electricity and water in a country where power outages and joblessness are epidemic.

Modi's purposeful, bearded face is everywhere — on huge billboards towering over rush hour traffic, on coffee mugs, key rings and orange scarves — the color associated with Hinduism — wrapped around the necks of his supporters. A television station is exclusively devoted to adoring him.

For some years after the riots, Modi was often a political pariah out of his home state. The United States refused to issue him a diplomatic visa in 2005. Britain cut ties after three of its citizens were killed in the riots (though with its economy in decline it has recently reached out to him).

Modi, though, simply turns those snubs to his political advantage, portraying himself as the face of a state in search of respect.

"There's no power in the world that has not tried to defame or destroy Gujarat in the last 11 years," he thundered at the rally in Dholka, a town on the southern edge of Ahmadabad, Gujarat's main city.

"But 60 million Gujaratis stood united alongside me and now the world is singing Gujarat's praises," he said, as the crowd cheered.

An equally important part of Modi's stump speech is poking fun at the endless stream of corruption scandals that the Congress party-led national government has faced over the past two years.

"Gujarat's coffers are full and the corrupt are itching to get their hands on it," he said, his voice dripping with sarcasm. "The people of Gujarat will not make the mistake of allowing Gujarat to be looted like Delhi."

The crowd roared: "No, we won't."

His followers are already looking toward 2014, when the country votes in a new Parliament, and they feel he could become prime minister.

"Narendrabhai is a true leader," said a beaming Ila Pandya, a 55-year-old homemaker adding an affectionate suffix to his name that means "brother." ''He knows how to get work done."

That includes pushing through infrastructure projects that would get stalled elsewhere in India by political and bureaucratic infighting. The state's highways are in excellent shape, shocking drivers from elsewhere in India.

In Gujarat, it's impossible to forget who is in charge.

Modi runs every major state ministry except finance. No local party leaders appear alongside him on election posters. Rivals are pushed aside, and allies are promoted.

"The party in Gujarat is today comprised of men and women once unknown and now in power because of Modi's favor. His hold is absolute," said Aakar Patel, a newspaper columnist who is from Gujarat.

In his speeches, Modi makes clear that only one candidate matters.

"When you vote, you think of me," he said.

"In many ways the election is really a referendum for Modi," said Shiv Vishvanathan, a social scientist at northern India's O.P. Jindal Global University, who has studied Modi for years.

Modi began his political career with the Rashtriya Swayam Sevak Dal or the National Volunteers Association, a militant Hindu movement and parent organization of the BJP. The RSS, which was influenced by 1930s German fascism, has been widely accused of stoking religious hatred with its aggressively anti-Muslim views. As one of the BJP's most visible leaders, this is Modi's best chance to make the leap to national politics.

But to do that successfully, he must convince India's Muslims — 13 percent of the country's 1.2 billion people — that he is no longer defined by the violence that swept his state in 2002, India's bloodiest communal violence in the past 20 years. To become a national force would require alliances with parties that have substantial Muslim support.

And to India's Muslims, the memories of the 2002 riots have not faded.

In Gujarat, Muslims say they have heard all the talk about how the state has changed, about development and investment and jobs. But in the resettlement camps, such talk means nothing.

"I was born here and lived here my whole life, but I still don't count. Maybe he works for everyone, but I'm definitely not one of the people he works for," said 50-year-old Shameem Bano.

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T-Mobile to Offer Cheapest iPhone 5 in 2013

T-Mobile, the smallest of the “big four” wireless carries in the United States, already offers the country’s cheapest iPhone service — if you have an unlocked iPhone. And according to Engadget’s Brad Molen, more than a million unlocked iPhones are on T-Mobile‘s network already.

Now, T-Mobile has announced that it will “add Apple products to its portfolio in the coming year,” according to parent company Deutsche Telekom AG. And while that could mean anything from the new iPad Mini to an as-yet-unreleased Apple product of some kind, many expect T-Mobile to finally get the iPhone, making it the last major carrier in the United States to get it.

If T-Mobile does, and it continues to offer its $ 30 “Unlimited Web & Text with 100 Minutes” plan, that may make T-Mobile’s iPhone the cheapest one out there — even if it costs hundreds of dollars more up front than on AT&T.

Subsidies aren’t just for big corporations

Most of the big-name wireless carriers in the United States offer what are called “subsidized” smartphones, meaning you don’t pay their whole cost up front. Instead, you pay a discounted price (which can be as little as $ 0.01), but are locked into a wireless contract for up to 2 years. Wireless customers who switch before their contract is up have to pay an “early termination fee,” which can go over and above the actual cost of the smartphone.

Buy now, save later

With prepaid smartphone plans, on the other hand, you pay the whole cost of the phone up front and afterward it’s yours to keep (whether its SIM card is locked into one network or not). And with the announcement that T-Mobile is going prepaid-only starting next year, that means any iPhone the company carries will be of the unsubsidized variety.

Apple currently sells the 16 GB iPhone 5 for $ 649, contract-free, on its website. It also sells the 16 GB iPhone 4S for $ 549, however, while contract-free carrier Virgin Mobile sells the same phone unsubsidized for $ 449 with a $ 35 per month data plan — not too much more expensive than T-Mobile’s.

Lessons of the past​

It’s hard to say how much T-Mobile would offer an iPhone 5 for if the device landed on its network. Virgin Mobile started out charging more up front and offering a $ 30 plan, while Cricket currently sells the contract-free iPhone 5 for $ 499 but its service starts at $ 55.

Assuming T-Mobile continues to offer its current “web exclusive” $ 30 unlimited plan for a hypothetical iPhone 5 on its network, it’s not likely to be discounted much if at all from Apple’s asking price. Just paying for 5 GBs of data per month from AT&T would cost $ 1,200 over 2 years, however, plus the $ 199 cost of a subsidized iPhone (and you have to pay for voice minutes and texting on top of that). Meanwhile, it’s possible right now to buy an unlocked iPhone 5 from Apple and get 2 years of T-Mobile’s $ 30 service for $ 1,369. That includes 5 GBs of data before connection speed throttling, plus unlimited texting and 100 voice minutes per month.

​Looking to the future

T-Mobile offers the cheapest iPhone 5 service right now. And if the “Apple products” T-Mobile is getting next year include the iPhone 5, T-Mobile customers may see even better offerings coming their way in the near future.

Jared Spurbeck is an open-source software enthusiast, who uses an Android phone and an Ubuntu laptop PC. He has been writing about technology and electronics since 2008.

Linux/Open Source News Headlines – Yahoo! News

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Viral rapper PSY apologizes for anti-US protests

South Korean rapper and Internet sensation PSY is apologizing to Americans for participating in anti-U.S. protests several years ago.

Park Jae-sang, who performs as PSY, issued a statement Friday after reports surfaced that he had participated in concerts protesting the U.S. military presence in South Korea during the early stages of the Iraq war.

At a 2004 concert, the "Gangnam Style" rapper performs a song with lyrics about killing "Yankees" who have been torturing Iraqi captives and their families "slowly and painfully." During a 2002 concert, he smashed a model of a U.S. tank on stage.

"While I'm grateful for the freedom to express one's self, I've learned there are limits to what language is appropriate and I'm deeply sorry for how these lyrics could be interpreted," he wrote in the statement. "I will forever be sorry for any pain I have caused by those words."

The 34-year-old rapper says the protests were part of a "deeply emotional" reaction to the war and the death of two Korean school girls, who were killed when a U.S. military vehicle hit them as they walked alongside the road. He noted anti-war sentiment was high around the world at the time.

PSY attended college in the U.S. and says he understands the sacrifices U.S. military members have made to protect South Korea and other nations. He has recently performed in front of servicemen and women.

"And I hope they and all Americans can accept my apology," he wrote. "While it's important that we express our opinions, I deeply regret the inflammatory and inappropriate language I used to do so. In my music, I try to give people a release, a reason to smile. I have learned that thru music, our universal language we can all come together as a culture of humanity and I hope that you will accept my apology."

His participation in the protests was no secret in South Korea, where the U.S. has had a large military presence since the Korean War, but was not generally known in America until recent news reports.

PSY did not write "Dear American," a song by the Korean band N.EX.T, but he does perform it. The song exhorts the listener to kill the Yankees who are torturing Iraqi captives, their superiors who ordered the torture and their families. At one point he raps: "Kill their daughters, mothers, daughters-in-law, and fathers/Kill them all slowly and painfully."

PSY launched to international acclaim based on the viral nature of his "Gangnam Style" video. It became YouTube's most watched video, making him a millionaire who freely crossed cultural boundaries around the world. Much of that success has happened in the U.S., where the rapper has managed to weave himself into pop culture.

He recently appeared on the American Music Awards, dancing alongside MC Hammer in a melding of memorable dance moves that book-end the last two decades. And the Internet is awash with copycat versions of the song. Even former Republican Sen. Alan Simpson, the 81-year-old co-chairman of President Barack Obama's deficit commission, got in on the fun, recently using the song in a video to urge young Americans to avoid credit card debt.

It remains to be seen how PSY's American fans will react. Obama, the father of two pop music fans, wasn't letting the news change his plans, though.

Earlier Friday, the White House confirmed Obama and his family will attend a Dec. 21 charity concert where PSY is among the performers. A spokesman says it's customary for the president to attend the "Christmas in Washington" concert, which will be broadcast on TNT. The White House has no role in choosing performers for the event, which benefits the National Children's Medical Center.

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Smokers celebrate as Wash. legalizes marijuana

SEATTLE (AP) — The crowds of happy people lighting joints under Seattle's Space Needle early Thursday morning with nary a police officer in sight bespoke the new reality: Marijuana is legal under Washington state law.

Hundreds gathered at Seattle Center for a New Year's Eve-style countdown to 12 a.m., when the legalization measure passed by voters last month took effect. When the clock struck, they cheered and sparked up in unison.

A few dozen people gathered on a sidewalk outside the north Seattle headquarters of the annual Hempfest celebration and did the same, offering joints to reporters and blowing smoke into television news cameras.

"I feel like a kid in a candy store!" shouted Hempfest volunteer Darby Hageman. "It's all becoming real now!"

Washington and Colorado became the first states to vote to decriminalize and regulate the possession of an ounce or less of marijuana by adults over 21. Both measures call for setting up state licensing schemes for pot growers, processors and retail stores. Colorado's law is set to take effect by Jan. 5.

Technically, Washington's new marijuana law still forbids smoking pot in public, which remains punishable by a fine, like drinking in public. But pot fans wanted a party, and Seattle police weren't about to write them any tickets.

In another sweeping change for Washington, Gov. Chris Gregoire on Wednesday signed into law a measure that legalizes same-sex marriage. The state joins several others that allow gay and lesbian couples to wed.

The mood was festive in Seattle as dozens of gay and lesbian couples got in line to pick up marriage licenses at the King County auditor's office early Thursday.

King County and Thurston County announced they would open their auditors' offices shortly after midnight Wednesday to accommodate those who wanted to be among the first to get their licenses.

Kelly Middleton and her partner Amanda Dollente got in line at 4 p.m. Wednesday.

Hours later, as the line grew, volunteers distributed roses and a group of men and women serenaded the waiting line to the tune of "Chapel of Love."

Because the state has a three-day waiting period, the earliest that weddings can take place is Sunday.

In dealing with marijuana, the Seattle Police Department told its 1,300 officers on Wednesday, just before legalization took hold, that until further notice they shall not issue citations for public marijuana use.

Officers will be advising people not to smoke in public, police spokesman Jonah Spangenthal-Lee wrote on the SPD Blotter. "The police department believes that, under state law, you may responsibly get baked, order some pizzas and enjoy a 'Lord of the Rings' marathon in the privacy of your own home, if you want to."

He offered a catchy new directive referring to the film "The Big Lebowski," popular with many marijuana fans: "The Dude abides, and says 'take it inside!'"

"This is a big day because all our lives we've been living under the iron curtain of prohibition," said Hempfest director Vivian McPeak. "The whole world sees that prohibition just took a body blow."

Washington's new law decriminalizes possession of up to an ounce for those over 21, but for now selling marijuana remains illegal. I-502 gives the state a year to come up with a system of state-licensed growers, processors and retail stores, with the marijuana taxed 25 percent at each stage. Analysts have estimated that a legal pot market could bring Washington hundreds of millions of dollars a year in new tax revenue for schools, health care and basic government functions.

But marijuana remains illegal under federal law. That means federal agents can still arrest people for it, and it's banned from federal properties, including military bases and national parks.

The Justice Department has not said whether it will sue to try to block the regulatory schemes in Washington and Colorado from taking effect.

"The department's responsibility to enforce the Controlled Substances Act remains unchanged," said a statement issued Wednesday by the Seattle U.S. attorney's office. "Neither states nor the executive branch can nullify a statute passed by Congress."

The legal question is whether the establishment of a regulated marijuana market would "frustrate the purpose" of the federal pot prohibition, and many constitutional law scholars say it very likely would.

That leaves the political question of whether the administration wants to try to block the regulatory system, even though it would remain legal to possess up to an ounce of marijuana.

Alison Holcomb is the drug policy director of the American Civil Liberties Union of Washington and served as the campaign manager for New Approach Washington, which led the legalization drive. She said the voters clearly showed they're done with marijuana prohibition.

"New Approach Washington sponsors and the ACLU look forward to working with state and federal officials and to ensure the law is fully and fairly implemented," she said.

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Johnson can be reached at https://twitter.com/GeneAPseattle

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Court takes on same-sex marriage: What’s at stake

In a historic step that rivals other Supreme Court moves into the center of America’s cultural character, the justices on Friday agreed to consider the constitutionality of federal and state laws that deny marriage rights or marital benefits to same-sex couples. But the move carried with it the potential for stopping short of settling the core constitutional issue.

The court’s orders Friday afternoon said the justices would hear claims that states do not violate the Constitution when they allow marriage only for one man and one woman, and that the federal government does violate the Constitution when it denies benefits to same-sex couples who are already legally married under state laws. Those are the key questions on gays’ and lesbians’ right to marry.

At the same time, however, the court gave itself the option of postponing answers to those key questions. It raised a series of procedural issues that could mean that neither of the cases it granted would provide a definitive outcome. Which way it ultimately would choose to move is not predictable at this point. (Constitution Daily on Monday will provide a fuller analysis of what the court has said it would do.)

Last summer, as cases on same-sex marriage were reaching the Supreme Court, the justices were told that what was at stake was “the defining civil rights issue of our time.” That was a comment from two lawyers whose own fame–and past differences in court–have added to the high visibility of those cases: Theodore B. Olson and David Boies.

Once the opposing lawyers in the court’s celebrated decision in Bush v. Gore, settling a presidential election, Olson and Boies have joined forces to help speed up an already unfolding timetable of court rulings on whether gays and lesbians will be able to marry.  They won one of the most sweeping rulings ever issued by a court, when a federal judge in San Francisco two years ago struck down California’s ban on such marriages, “Proposition 8.”

But, years before those titans of the bar joined the fight, lawyers in gay rights organizations had been pressing the marriage issue in their own lawsuits. They, too, saw it as a defining issue of the day. They actually had two parallel campaigns going in the courts: open marriage to homosexual partners, and open the military to gays and lesbians, who could serve without hiding their sexual identities.

As the court now moves into the marriage issue, the fight over gays in the military already has been won. Congress repealed that ban, and the services are now welcoming gays and lesbians without trying to regulate their private lives.

There is virtually no chance that Congress–at least Congress as presently constituted–would pass legislation to open marriage to homosexuals on a nationwide basis. That is simply not politically possible and, besides, there is a question about whether Congress could impose such a requirement upon states, which traditionally have defined who can marry.

And, since the politics of gay rights do not suggest that a constitutional amendment to permit same-sex marriages will even be attempted, the path to such marriages remains either in state legislatures, with the voters of the states, or with the courts.

Recent Constitution Daily Stories

What’s the court doing with same-sex marriage cases?
Constitution Check: Would an Obama victory turn the Supreme Court sharply to the left?
Constitution Check: Will the politics of 2012 influence the constitutionality of gay marriage?

The campaign to pursue same-sex marriage through the courts has been marked, at times, by disagreements about what was the best strategy, and what was the best time to try to advance the cause. While supporters of same-sex marriage have had some control over the process, it has not been entirely a matter of their choice. Rigorous efforts challenging same-sex marriage have been made, in politics and in the courts, and have succeeded most of the time with the voters.

Still, it has been widely assumed that, sooner or later, the issue probably would be resolved as a constitutional matter by the Supreme Court. It has had rulings on gay rights in recent years, but it has never issued a full-scale ruling on the issue of marriage for homosexual couples.

Whether the review that is now beginning will lead to a sweeping new ruling, or only one that is limited in scope, will only become clear as the time for decision approaches.

Since the same-sex marriage cases began arriving at the court last summer, a total of 11 have now been placed on the docket. At a conference Friday morning, the court had before it 10 of those petitions, and the justices were examining them to decide which issues they were ready to confront.

Lyle Denniston is the National Constitution Center’s Adviser on Constitutional Literacy. He has reported on the Supreme Court for 54 years, currently covering it for SCOTUSblog, an online clearinghouse of information about the Supreme Court’s work.

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Images: Snow may have slowed NKorea launch prep

SEOUL, South Korea (AP) — New satellite images indicate that snow may have slowed North Korea's rocket launch preparations, but that Pyongyang could still be ready for liftoff starting Monday.

South Korean media reports this week quoted unnamed officials in Seoul as saying North Korea had mounted all three stages of the Unha rocket on the launch pad by Wednesday. But snow may have prevented Pyongyang from finishing its work, according to the GeoEye satellite images from Tuesday scrutinized by analysts for the websites 38 North and North Korea Tech and shared with The Associated Press.

The analysis and images taken Dec. 4 provide an unusually detailed public look at North Korea's controversial preparations for a launch that the United Nations, Washington, Seoul and others say is a cover for a test of technology for a missile that could be used to target the United States.

The launch preparations have been magnified as an issue because of their timing: Both Japan and South Korea are gearing up to hold elections this month, and President Barack Obama will be inaugurated for his second term in office in January.

North Korea, for its part, says it has a right to pursue a peaceful space program and will launch a satellite into orbit sometime between Monday and Dec. 22. That launch window comes as North Korea marks the Dec. 17 death of leader Kim Jong Un's father, Kim Jong Il. North Korea is also celebrating the centennial of the birth of Kim Jong Un's grandfather, national founder Kim Il Sung.

Images from Dec. 1 showed no activity at the launch pad, but by Tuesday North Koreans were seen working under a dark canvas, according to the analysis by 38 North, the website for the U.S.-Korea Institute at Johns Hopkins School of Advanced International Studies, and the North Korea Tech website, which collaborated with 38 North on the report.

The analysis contradicts South Korean media reports saying the rocket stages were set up by Wednesday, the websites said, because North Korea needed four days to erect a similar rocket before a failed launch attempt in April. Snowfall on Dec. 3 may have temporarily stopped work at the site, according to the analysis written by Nick Hansen, a retired expert in imagery technology with more than 40 years of national intelligence experience.

North Korea has a long history of developing ballistic missiles, but in four attempts since 1998 has not successfully completed the launch of a three-stage rocket. It has also conducted two nuclear tests, intensifying worry over how its rocket technology could be used in the future, particularly if it masters how to attach a nuclear warhead to a missile.

North Korea, however, can still be ready for liftoff Monday, the analysis said.

Based on its preparations for the April launch, which broke apart shortly after the rocket was fired, Pyongyang has to finish stacking its rocket stages only two to three days ahead of time — meaning workers could finish by Saturday and still be ready for a launch on Monday, the analysis said.

North Korea may have chosen a 12-day launch period, which is more than twice as long as the April period, because it was worried about possible weather complications, the analysis said.

"Pyongyang's rocket scientists can't be happy about the increased technical risks of a wintertime test, but certainly appear to have taken every precaution necessary in order to launch the rocket on time," said Joel Wit, a former U.S. State Department official and editor of 38 North.

A rocket can be launched during snowfall, but lightning, strong wind and freezing temperatures could stall a liftoff, said Lee Chang-jin, an aerospace professor at Seoul's Konkuk University.

North Korea's launch plan is meant to show the world its capability to build missiles, U.S. Pacific forces commander Adm. Samuel Locklear said Thursday. The United States has moved extra ships with ballistic missile defense capabilities toward the region, officials said.

The U.S., Japan and South Korea say they'll seek U.N. Security Council action if the launch goes ahead in defiance of existing resolutions. The council condemned April's launch and ordered seizure of assets of three North Korean state companies linked to financing, exporting and procuring weapons and missile technology.

On Friday, Japanese Prime Minister Yoshihiko Noda visited a Tokyo military facility to inspect Patriot Advanced Capability-3 missile interceptors being readied to intercept a North Korean rocket if it falls on Japanese territory.

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Associated Press writers Matthew Pennington in Washington and Sam Kim in Seoul contributed to this report.

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Online:

38 North: www.38north.org

North Korea Tech: www.northkoreatech.org

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Apple, Samsung spar in court, ruling to come

SAN JOSE, California (Reuters) – Apple Inc and Samsung Electronics squared off again in court on Thursday, as the iPhone maker tried to convince a U.S. district judge to ban sales of a number of the South Korean company’s devices and defended its $ 1.05 billion jury award.

Apple scored a sweeping legal victory in August at the conclusion of its landmark case against its arch-foe, when a U.S. jury found Samsung had copied critical features of the iPhone and iPad and awarded it damages.

Both sides re-convened on Thursday. U.S. District Judge Lucy Koh listened to a range of arguments on topics from setting aside the jury’s findings on liability to alleged juror misconduct and the requested injunction.

The hearing concluded with Koh promising to rule at a later date.

Twenty-four of Samsung’s smartphones were found to have infringed on Apple’s patents, while two of Samsung’s tablets were cleared of similar allegations.

Koh began by questioning the basis for some of the damages awarded by the jury, putting Apple’s lawyers on the defensive.

“I don’t see how you can evaluate the aggregate verdict without looking at the pieces,” Koh said.

Samsung’s lawyers argued the ruling against it should be “reverse engineered” to be sure the $ 1.05 billion was legally arrived at by the jury and said that on that basis, the amount should be slashed. Apple countered that the ruling was reasonable.

“Assuming I disagree with you, what do I do about Captivate, Continuum, Droid Charge, Epic 4G, and Gem?” Koh asked Apple’s lawyers, referring to the jury’s calculation of damages regarding some of Samsung’s devices.

FIERCEST RIVAL

Samsung is Apple’s fiercest global business rival and their battle for consumers’ allegiance is helping shape the landscape of the booming smartphone and tablet industry — a fight that has claimed several high-profile victims, including Nokia.

While the trial was deemed a resounding victory for Apple, the company has since seen its market value shrink as uncertainty grows about its ability to continue fending off an assault by Samsung and other Google Inc Android gadgets on its home turf.

Apple’s stock has nosedived 18 percent since the August 24 verdict, while Samsung’s has gained around 16 percent.

Most of the devices facing injunction are older and, in some cases, out of the market.

Such injunctions have been key for companies trying to increase their leverage in courtroom patent fights.

In October, a U.S. appeals court overturned a pretrial sales ban against Samsung’s Galaxy Nexus smartphone, dealing a setback to Apple’s battle against Google Inc’s increasingly popular mobile software.

Some analysts say Apple’s willingness to license patents to Taiwan’s HTC could convince Koh it does not need the injunction, as the two companies could arrive at a licensing deal.

Apple is also attempting to add more than $ 500 million to the $ 1 billion judgment because the jury found Samsung willfully infringed on its patents. A Samsung lawyer argued against willful damages and said the base amount for calculating any potential willful damages should be just $ 10 million.

Samsung wants the verdict overturned, saying the jury foreman did not disclose that he was once in litigation with Seagate Technology, a company that Samsung has invested in.

“He should have been excused for cause,” said Samsung lawyer Charles Verhoeven. “Such a juror was a juror in name only.”

The juror misconduct charge is “unlikely to have much traction,” said Christopher Carani, a partner at Chicago-based intellectual property law firm McAndrews, Held & Malloy, Ltd.

Both Apple and Samsung have filed separate lawsuits covering newer products, including the Samsung Galaxy Note II. That case is pending in U.S. District Court in San Jose and is set for trial in 2014.

(Reporting By Noel Randewich; Editing by Kim Coghill)

Tech News Headlines – Yahoo! News

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AP Interview: Jackson, cast discuss 'The Hobbit'

WELLINGTON, New Zealand (AP) — Many fans are eagerly anticipating a return to the fictional world of Middle-earth with next week's general release of the first movie in "The Hobbit" trilogy. Director Peter Jackson and the film's stars speak to The Associated Press about making "The Hobbit: An Unexpected Journey":

— Jackson on shooting at 48 frames per second instead of the standard 24: "We've seen the arrival of iPhones and iPads and now there's a generation of kids — the worry that I have is that they seem to think it's OK to wait for the film to come out on DVD or be available for download. And I don't want kids to see 'The Hobbit' on their iPads, really. Not for the first time. So as a filmmaker, I feel the responsibility to say, 'This is the technology we have now, and it's different ... How can we raise the bar? Why do we have to stick with 24 frames? ...'"

"The world has to move on and change. And I want to get people back into the cinema. I want to play my little tiny role in encouraging that beautiful, magical, mysterious experience of going into a dark room full of strangers, and being transported into a piece of escapism."

— Martin Freeman (Bilbo Baggins) on shooting some scenes without other actors around: "I must admit I found the green screen and all that easier than I thought I would. ... I found the technical aspect of it quite doable. Some of it's difficult, but it's quite enjoyable, actually. It taps into when I used to play 'war' as a 6-year-old. And the Germans were all imaginary. Because I was playing a British person. So yeah, I was on the right side. ..."

On marrying his performance to that of Ian Holm, who played an older Bilbo Baggins in the "Lord of the Rings" trilogy: "I knew I couldn't be a slave to it. Because as truly fantastic as Ian Holm is in everything, and certainly as Bilbo, I can't just go and do an impression of Ian Holm for a year and a half. Because it's my turn. But it was very useful for me to watch and listen to stuff he did, vocal ticks or physical ticks, that I can use but not feel hamstrung by."

— Hugo Weaving (Elrond) on the differences in tone to the "Rings" trilogy: "This one feels lighter, more buoyant, but it's got quite profoundly moving sequences in it, too ... I think it's very different in many ways, and yet it's absolutely the same filmmaker, and you are inhabiting the same world."

— Elijah Wood (Frodo) on returning to Middle-earth in a cameo role: "It was a gift to come back ... what they'd constructed was such a beautiful remembrance of the characters from the original trilogy."

— Cate Blanchett (Galadriel) on the toughest part of filming: "Trying to keep my children off the set."

— Richard Armitage (Thorin Oakenshield) on being a 6-foot-2 guy playing a dwarf: "It's amazing how quickly you get used to it. And also, we spent most of the shoot much bigger than a 6-foot-2 guy. I mean, I had lifts in my shoes, I was wider, I was taller, and bigger-haired. And I actually think that was quite an interesting place to be, because I do think dwarfs have big ideas about themselves ..."

— Andy Serkis (Gollum) on taking on the additional role of second-unit director: "There were only a couple of times where there were really, really black days where I went away thinking, 'This is it. I can't do it.' But on the whole, Pete (Jackson) was so brilliant at allowing me to set stuff up and then critiquing my work ... but at least I would have my stab at it."

On the film itself: "I think it's a great story. I think it's a beautifully crafted film with great heart. A rollicking adventure, and it feels to me like this really massive feast that everyone will enjoy eating."

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