Academy Sues Over “Deer Hunter” Oscar Statuette

LOS ANGELES (TheWrap.com) – A possibly counterfeit Oscars trophy for the 1978 film has sparked a very real lawsuit.

The Academy of Motion Picture Arts and Sciences has filed suit in U.S. District Court in Washington state over an Oscar statuette that “was either a genuine statuette or a very convincing counterfeit.”

If it’s real, the trophy was the one awarded to Aaron Rochin for his sound work on the 1978 film “The Deer Hunter.”

The Academy is suing Washington resident James Dunne, who sold the statue, and Edgard G. Francisco, who purchased it.

Dunne initially offered the statuette for sale on eBay in September but deleted the listing for fear that the Academy might discover it, according to the suit, which was filed last week. He later privately sold the statue of Florida resident Francisco for $ 25,000, the suit says.

The suit goes on to allege that after an appraisal, Francisco decided the statuette was fake and demanded a $ 15,000 refund. Dunne claims he provided a full refund. He also claims that he told Francisco that the trophy might not be authentic before he bought it.

Dunne told the Academy that he had either picked up the statuette at a moving sale or obtained it from a third party who got it at an estate sale.

After getting the refund, the suit says, Francisco threw the statuette away.

The Academy’s suit is two-fold: If the trophy was real, the Academy is seeking restitution for the loss of its property; if it was fake, the Academy claims that the pair infringed on the organization’s Oscars copyright.

The latter would seem to be the more probable scenario in this case. For one thing, the Academy says that the identification number for the statuette would place its manufacture in 1979, while the eBay auction billed it as a “Rare Pre-1950 Academy of Motion Picture Arts and Sciences OSCAR Statue Award!”

The Academy is asking for unspecified damages, plus suit costs and attorneys’ fees.

(Pamela Chelin contributed to this report)

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Task Force Backs HIV Screening

In an effort to curb HIV transmission and get treatment to those already infected, the U.S. Preventive Services Task Force has recommended that every American between the ages of 15 and 65 be tested for HIV.

Experts hope that the new recommendations will encourage more Americans to get tested and, if necessary, get treated.

“HIV screening is an important way to help people who have HIV, and also to prevent transmission,” said Dr. Doug Owens, a leader of the task force and professor of medicine at Stanford University and the Veterans Affairs Palo Alto Health Care System. Owens said that HIV treatment “decreases the amount of circulating virus,” making it less likely for it to spread from person to person.

Roughly 1.2 million Americans are currently living with HIV, a number that has been increasing steadily over the past five years, according to the U.S. Centers for Disease Control and Prevention. There continue to be about 48,000 new cases per year in the United States, but new treatments are allowing people to live long lives after they’re diagnosed.

“Hopefully, more people with HIV will be identified and treated earlier,” said Dr. Roger Chou of the Pacific Northwest Evidence Based Practice Center, whose study on the evidence supporting the new recommendation was published today in the Annals of Internal Medicine.

HIV-positive patients who start treatment while their immune systems are relatively intact live longer and are less likely to spread the virus to other people. But 20 percent of patients are unaware they have the virus, said Dr. Carlos Del Rio, co-director of the Emory Center for AIDS research in Atlanta.

“This news about screening is very exciting,” Del Rio said.

Previous task force recommendations on HIV testing, published in 2005, called for adults to get tested only if they’d had unprotected sex with multiple partners or used intravenous drugs — in other words, were at high risk. But up to a quarter of patients who test positive for HIV report no risk factors, according to the new Preventive Services Task Force statement.

“People are terrible at knowing their own risk,” said Del Rio, adding that people may be unaware of the HIV status of their sexual partners. “And doctors are terrible at asking them about risk. It can be difficult to discuss sex and drugs with our patients.”

The task force recommendations are used by Medicare and other insurance companies to determine what laboratory tests should be covered. Other important task force recommendations included screening for breast and colon cancer, as well as high cholesterol.

“I don’t have to ask my patients if they eat hamburgers before ordering a cholesterol test,” said Del Rio. “Now I can do a routine HIV test when patients come to clinic.”

In order for the U.S. Preventive Services Task Force to make a testing recommendation, the test has to be accurate, treatment for the disease must be available and the benefits of the treatment outweigh the harms.

“HIV testing is one of the most accurate tests that we have for any condition,” said Chou.

Coupled with the fact that the benefits of HIV treatment are now known to outweigh the risks, screening now makes sense, according to the experts on the task force.

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U.S. fiscal impact of great concern to Canada: Canada’s Harper

TORONTO (Reuters) – Any fiscal problems that would significantly slow the U.S. economy would be of great concern to Canada, Canadian Prime Minister Stephen Harper said on Monday.

The United States needed a credible medium-term fiscal plan, Harper said at a business forum in Ottawa, adding that he was following the U.S. fiscal debate with “great interest.”

(Reporting by Solarina Ho)

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Kopp: Impostor filed motion in NY Facebook case

BUFFALO, N.Y. (AP) — Lawyers fighting a New York man’s ownership claim against Facebook Inc. say a bizarre motion bearing the name of convicted abortion doctor killer James Charles Kopp earlier this month was apparently filed by an impostor.

In court papers, Facebook lawyers say they received a sworn statement from the imprisoned Kopp Monday denying he’s filed any motion in Paul Ceglia‘s lawsuit. An accompanying letter from Kopp to the federal judge handling the case says someone is impersonating him.

The motion signed with Kopp’s name had sought permission to intervene in Ceglia’s lawsuit while accusing Ceglia of a litany of personal slights, threats and crimes. Kopp’s serving life in prison for the 1998 killing of Dr. Barnett Slepian in suburban Buffalo.

Facebook says the Kopp motion, even if it’s real, should be denied.

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Patrick Wilson, Rose Byrne to reprise roles for “Insidious” sequel

LOS ANGELES (TheWrap.com) – FilmDistrict, Alliance Films and Sony Pictures Worldwide Acquisitions will bring “Insidious Chapter 2,” the sequel to last year’s hit film “Insidious,” to U.S. theaters on August 30, 2013, the companies announced Monday.

Patrick Wilson, Rose Byrne, Lin Shaye and Ty Simpkins will reprise their roles in the film, which “Insidious” director James Wan will direct from a script written by Leigh Whannell who also wrote the first film.

Jason Blum, who produced “Insidious,” is producing the low-budget sequel through his Blumhouse Productions. Brian Kavanaugh Jones, Oren Peli, Steven Schneider, and Charles Layton are executive producing. Production on the sequel is set to begin on January 15 in Los Angeles.

Sony Pictures Worldwide Acquisitions acquired the U.S. rights to the film in conjunction with FilmDistrict. The film is being financed by Alliance Films. FilmDistrict will distribute the film theatrically in the United States, with Sony handling the majority of ancillary rights in the U.S.

Alliance Films will distribute in Canada, the U.K. (via its Momentum Pictures subsidiary) and Spain (via Aurum), and Sony Pictures Worldwide Acquisitions will distribute in all other international territories.

Peter Schlessel, FilmDistrict’s CEO, said: “We are all very excited to see the next chapter of James and Leigh’s vision of the Further. It’s great to be in business again with Blumhouse, Alliance and Sony.”

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Teens Turn to Protein Shakes to Pump Up

Teens may be chugging protein shakes and taking other muscle-enhancing supplements more often than previously thought, a new study found.

According to a self-reported survey conducted among adolescent males and females, nearly 35 percent said they used protein powders and shakes, while almost 6 percent reported using steroids, according to study author Maria Eisenberg of the University of Minnesota in Minneapolis, and colleagues. Both both behaviors were more common among boys versus girls.

Read this story on www.medpagetoday.com.

In comparison, recent studies with population-based samples of U.S. youth have indicated that 8 percent of females and 10.2 percent of males reported the use of protein supplements.

Use of muscle-enhancing products or behaviors to bulk up, such as different eating habits or exercising more, were significantly associated with grade level, Asian race, body mass index, and sports team participation, the current authors wrote in Pediatrics online.

Women and how media images impact thinness and body image has been the subject of a great deal of research, but images of men depicted in the popular media show people who are increasingly large, lean, and muscular, the authors pointed out.

“Boys’ body dissatisfaction has simultaneously increased, and research has demonstrated that exposure to images of extremely muscular models contributes to body dissatisfaction and muscle dysmorphia in young men,” they wrote.

For the current study, they gathered data through the Eating and Activity in Teens (EAT 2010) study, a large, population-based study of weight status, dietary intake, physical activity, weight control behaviors, and related factors for adolescents from the Minneapolis and St. Paul metropolitan area during the 2009 to 2010 school year.

The study included a 235-question self-report survey and physical measurements of participants height and weight.

The authors focused on participant response to questions related to frequency of participation in any of five muscle-enhancing behaviors over the year prior to the survey, including altered eating behaviors and exercising more — considered “healthy” behaviors as well as use of protein powder or shakes, use of steroids, or use of other muscle-building substances, such as creatine, amino acids, or growth hormones, considered “unhealthy” behaviors.

Participants also reported their school level, gender, race, socioeconomic status based on parental educational attainment, body mass index (BMI), sports team participation, and weight status.

The study population consisted of 2,793 students with a mean age of 14.4 and almost equally divided among females (53.2 percent) and males (46.8 percent). Nearly 30 percent of the participants were black and about 20 percent were white or Asian.

Almost 60 percent of the study population played at least one after-school sport.

Among boys, the authors found that more than two-thirds reported changing their eating to increase their muscle size or tone, and 90 percent exercised more to increase their muscle mass or tone. In terms of the prevalence of “unhealthy” behaviors:

34.7 percent reported using protein powders or shakes

5.9 percent reported using steroids

10.5 percent reported using some other muscle-enhancing substance

Among the girls, 21.2 percent reported using protein powders, while 4.6 percent said they used steroids, and 5.5 percent used other muscle-enhancing substances.

The authors also found that overweight and obese girls had significantly greater odds of using protein powders or shakes than girls of average BMI.

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Canada pledges again to balance budget by 2015

OTTAWA/NEW YORK (Reuters) – The Canadian government on Friday reiterated its intention to balance its budget by 2015, three days after projecting there would be deficits until 2016-17.

In separate appearances in Quebec City and New York, Prime Minister Stephen Harper and Finance Minister Jim Flaherty were at pains to say they still intended to end the red ink by 2015.

“It remains the government’s plan, intention, to balance the budget prior to the next federal election. The recent economic and fiscal update by the minister indicates we are actually very close to that objective,” Harper told reporters in Quebec City. The next election is in October 2015.

Flaherty’s fall fiscal update on Tuesday had pushed back the target date for eliminating the deficit by a year, to 2016-17, citing a weak global economy.

But the minister said in a speech in New York that the government was on track to balance the budget in the next two to three years, barring major external events, and he later clarified that he intended a balanced budget by 2015.

“The prime minister’s always correct,” he chuckled.

He sought to explain the discrepancy by saying the fiscal update had built in a C$ 3 billion ($ 3 billion) contingency cushion, meaning there was an underlying surplus of C$ 1.2 billion for 2015-16. He said the projection of a C$ 1.8 billion deficit amounted to about half a percent of the C$ 275 billion federal budget.

“There’s lots of water to go under the bridge between now and then,” he said.

The opposition New Democratic Party noted the discrepancy in a release headlined: “Stephen Harper makes stuff up about balancing the budget.”

It pointed out that balancing the budget by the next election was not the same as balancing it by 2016-17.

As it is, even the 2015-16 timetable is a year later than offered in the Conservative campaign for reelection in May 2011. They had promised a balanced budget by 2014-15, followed by major personal income tax relief before the 2015 election.

Flaherty’s timetable drew criticism this week from the Canadian Taxpayers Federation, which said the minister had become expert at kicking the can down the road.

The projections could be thrown out of whack if the United States goes off the fiscal cliff, a set of automatic tax hikes and spending cuts that are to be triggered on January 2 if legislators and the White House cannot agree on a more nuanced budget deal.

Flaherty said U.S. failure to avert the fiscal cliff would cause a significant and immediate decline in Canada’s gross domestic product, and he would counter it.

Referring to a possible economic shock from Europe or the United States, he said: “If that were to happen and if the Canadian economy were to be pushed back into recession with the resulting danger for higher unemployment and the danger always of a prolonged recession, then we would act.”

He added: “We would not stand by and let that happen. The kinds of measure we can take: there are various tax measures we can take, there are measures with respect to stimulus we can take, these are things that we have done before and we can do again.”

On Tuesday, Flaherty spoke of having prepared various contingency plans.

(Additional reporting by Louse Egan; Editing by David Gregorio)

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Amazon’s larger Kindle Fire HD ships early

NEW YORK (AP) — Amazon has started shipping the larger version of its Kindle Fire HD tablet computer on Thursday, five days ahead of schedule.

Amazon is short on stock, though, so new orders won’t ship until Dec. 3. Amazon.com Inc. had been taking orders for shipment on Nov. 20.

The Kindle Fire is one of several tablets challenging Apple’s iPad.

The tablet, which has an 8.9-inch screen measured diagonally, is available on Amazon’s website for $ 299. The tablet will be available at Best Buy stores beginning Friday and at more retailers in the coming weeks.

A version with cellular access is available for $ 499 and will start shipping next week as planned, though new orders won’t ship until Dec. 3.

The smaller version, which has a 7-inch screen, has been available since September.

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Metal singer Aaron Lewis finds second home in country music

NASHVILLE, Tennessee (Reuters) – Aaron Lewis stands as one of the more unusual crossovers into country music, but the singer of the metal band Staind believes it was a fit made in the cradle.

“It’s been quite the pleasant eclectic mix of tattoos and black eyeliner, and Stetsons, cowboy boots and big shiny buckles,” Lewis said in an interview after the release of his first full-length country studio album, “The Road,” this week.

Lewis, 40, was raised on what he terms his grandfather’s country music: Johnny Cash, Waylon Jennings, Charlie Daniels and George Jones. He collaborated with Daniels and Jones on his country EP, “Town Line,” released last year.

This made the transition from the angst-ridden world of metal to the laid-back country scene an easy step for him, but perhaps not so much for his head-banging fans.

“A few fans are really having a hard time with it,” Lewis said. “I can’t make everyone happy. Music is about making me happy first. For those who wish I would stick with Staind, they’ll get what they want, too.”

Lewis, who sold seven studio albums over a 17-year career with Staind, says he has two musical careers because he is “creatively bipolar” and suffers from attention deficit disorder.

“I need to switch it up a little bit,” he said. “It’s kind of nice to write a song about taking my daughters to the beach instead (of) about something that’s tearing me apart from the inside.”

For Lewis, each song on “The Road” is the opportunity to explore his creativity in music, while winding down a road filled with new country listeners and taking Staind fans along for the ride.

“The Road” includes “Forever,” a thoughtful song of life on the road, and “Endless Summer,” a simple track about digging up clams and casting for striped bass with his daughters.

“If we catch a keeper we throw it on the grill,” he says. “The beauty of the adventure that I’m on now is I can write songs about stuff like that. I could never bring a song like that to the table for Staind.”

He describes writing “Endless Summer” as a “refreshing and a nice change” from his metal past.

“I remember having a big smile on my face the whole time I was writing it,” he said. “In the past, what’s usually coming up for lyrics is not smiley material. The song wrote itself in 10 minutes.”

In contrast, “Party in Hell,” which has fans up and dancing, was the last song Lewis wrote for the album and was inspired by a stint in Las Vegas.

“Las Vegas really is, in a metaphorical sense, a party in hell; you can get into anything you want to,” he said. “It was like well, ‘OK, I’m going to hell, who else is going to be there? We might as well have a party with it.’”

SAME PROCESS

His previous country EP, “Town Line,” featured the gold-selling single “Country Boy,” a collaboration with Daniels and Jones that hit the top of the “Billboard” album charts and topped off at No. 7 on the Top 200.

“That’s crazy, right?” Lewis asks, shaking his head. “It was pretty amazing for me, pretty surreal. I was actually in the studio with Charlie, which was a lot of fun. We have become good friends.”

The writing process for country or rock is the same, according to Lewis.

“The music is always first, then the melody, and the lyrics third,” he said. “I need the music to know what the landscape is that I’m singing over, and I need the melody to fit the words in, and then the words come last.”

But the lyrics do not come while he is writing on a piece of paper. “They come with me standing in front of a microphone with the song playing in the background and singing,” he said. “It’s total improv, right off the cuff.”

As with recording, Lewis does not approach a rock performance differently from a country performance.

“I go out on stage and perform those songs I recorded to the best of my ability to sound just like the recording,” he said. “I have always tried to approach every show like it’s the only show that I have. That’s kind of how I’ve gone about this crazy career I’ve had now coming up on 15 years.”

(Reporting by Vernell Hackett; Editing by Christine Kearney and Lisa Von Ahn)

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Questions of Blame Linger 34 Years After Jonestown

From the age of 13, Leslie Wagner Wilson had been indoctrinated in the California-based Peoples Temple, led by the charismatic Jim Jones, whose mission was to foster racial harmony and help the poor.

But on Nov. 18, 1978, she and a handful of church members fought their way through thick jungle in the South American country of Guyana, escaping a utopian society gone wrong where followers were starved, beaten and held prisoner in the Jonestown compound.

She walked 30 miles to safety with her 3-year-old son, Jakari, strapped to her back and a smaller group of defectors. But just hours later, the mother, sister and brother and husband she left behind were dead.

“I was so scared,” said Wagner, now 55. “We exchanged phone numbers in case we died. I was prepared to die. I never thought I would see my 21st birthday.”

Today, on the 34th anniversary, Wilson said it’s important to remember the California-based Peoples Temple Jonestown massacre, especially the survivors who have wrestled with their consciences for decades.

PHOTOS: Jonestown Massacre Anniversary

Nine members of her family were among the 918 Americans who died that day, 909 of them ordered by Jones to drink cyanide-laced Kool-Aid in the largest ritual suicide in history.

Her husband, Joe Wilson, was one of Jones’ top lieutenants who helped assassinate congressman Leo Ryan and his press crew when they tried to free church members who were being held against their will.

After arriving back in the United States, Wilson said she “went through hell” — three failed marriages, drug use and suicidal thoughts she describes in her 2009 book, “Slavery of Faith.”

“I was like Humpty Dumpty, but you couldn’t put me back together again,” she said.

Survivors, many of them African-American like Wilson, say they felt guilt and shame and faced the most agonizing question surrounding the nation’s single largest loss of life until 9/11: Was it suicide or murder?

Full Coverage: Jonestown Massacre

In the now-famous “death tape,” supporters clapped and babies cried as Jones instructed families to kill the elderly first, then the youngest in protest against capitalism and racism. Mothers poisoned 246 children before taking their own lives.

“We really can’t understand the Peoples Temple without looking at the historical time period when it arose,” said Rebecca Moore, a professor of religious studies at San Diego State University.

“With the liberation movements of the ’60s and ’70s, the collapse of the black-power movement, the Peoples Temple was the main institution in the San Francisco Bay area that promoted a message of integration and racial equality.”

Moore lost her two sisters and her nephew, the son of Jim Jones. “They were hardcore believers,” she said of her siblings.

Jim Jones, who was white, came from a “wrong side of the tracks,” poor background in Indiana where in the 1950s he became known as a charismatic preacher with an affinity for African-Americans.

“A number of survivors, including those who defected, believe to this day he had paranormal abilities,” said Moore, who met him years later. “He could heal them and read their minds.”

In the 1960s, Jones moved to San Francisco, where at the height of the Peoples Temple there were about 5,000 members.

WATCH: A Look Back at Jonestown Massacre

“They wanted my parents to join,” she said. “Like most outsiders, we didn’t have any idea what was happening outside closed doors.”

Jones ingratiated himself with celebrities and politicians, mobilizing voters to help elect Mayor George Moscone in 1975 and becoming chairman of the city’s housing authority.

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