Toyota Agrees to $1B Settlement in Acceleration Case

Toyota has agreed to pay more than $1 billion to customers to settle a class action lawsuit that alleged its vehicles accelerated dangerously and without warning, according to statements by the carmaker and the plaintiffs' attorney.

The deal, which still needs approval by a federal judge in California, includes a $250 million fund to be paid to Toyota owners who sold their cars at a loss following reports of vehicle malfunctions, as well as the installation of a brake override system in about 3.25 million vehicles

An additional $250 million fund will be created to pay those owners whose vehicles are not eligible for the retrofitted brakes.

David Zalubowski/AP PHoto

Toyota recalled more than 14 million vehicles after reports of sudden, unexplained acceleration in several models began to surface between 2009 and 2010. There were also reports of brake problems with the Prius hybrid.

Toyota insists that it was not an electrical flaw that caused the acceleration problems, but driver error, floor mats and sticky gas pedals.

Both the National Highway Traffic Safety Administration and NASA have said there is nothing in wrong with programs that run the vehicles' onboard computers

"From the very start, this was a challenging case," said Steve Berman, the plaintiffs' lawyer. "We brought in automotive experts, physicists and some of the world's leading theoreticians in electrical engineering to help us understand what happened to drivers experiencing sudden acceleration."

The settlement also includes $30 million to be given to outside groups to study automotive safety.

In a statement, Toyota agreed to the deal.

"In keeping with our core principles, we have structured this agreement in ways that work to put our customers first and demonstrate that they can count on Toyota to stand behind our vehicles." said Toyota spokesman Christopher P. Reynolds.

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New Scientist 2012 holiday quiz

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THIS was the year we held our breath in almost unbearable anticipation while we waited to see whether physicists at the Large Hadron Collider would finally get a clear view of the Higgs boson, so tantalisingly hinted at last December. Going a bit blue, we held on through March when one of the LHC's detectors seemed to lose sight of the thing, before exhaling in a puff of almost-resolution in July, when researchers announced that the data added up to a fairly confident pretty-much-actual-discovery of the particle.

Early indications were that it might be a weird and wonderful variety of the Higgs, prompting a collective gasp of excitement. That was followed by a synchronised sigh of mild disappointment when later data implied that it was probably the most boring possible version after all, and not a strange entity pointing the way to new dimensions and the true nature of dark matter. Prepare yourself for another puff or two as the big story moves on next year.

This respirational rollercoaster might be running a bit too slowly to supply enough oxygen to the brain of a New Scientist reader, so we have taken care to provide more frequent oohs and aahs using less momentous revelations. See how many of the following unfundamental discoveries you can distinguish from the truth-free mimics that crowd parasitically around them.

1. Which of these anatomical incongruities of the animal kingdom did we describe on 14 July?

• a) A fish, found in a canal in Vietnam, that wears its genitals under its mouth
• b) A frog, found in a puddle in Peru, that has no spleen
• c) A lizard, found in a cave in Indonesia, that has four left feet
• d) A cat, found in a tree in northern England, that has eight extra teeth

2. "A sprout by any other name would taste as foul." So wrote William Shakespeare in his diary on 25 December 1598, setting off the centuries of slightly unjust ridicule experienced by this routinely over-cooked vegetable. But which forbiddingly named veg did we report on 7 July as having more health-giving power than the sprout, its active ingredient being trialled as a treatment for prostate cancer?

• a) Poison celery
• b) Murder beans
• c) Inconvenience potatoes
• d) Death carrots

3. Scientists often like to say they are opening a new window on things. Usually that is a metaphor, but on 10 November we reported on a more literal innovation in the fenestral realm. It was:

• a) A perspex peephole set in the nest of the fearsome Japanese giant hornet, to reveal its domestic habits
• b) A glass porthole implanted in the abdomen of a mouse, to reveal the process of tumour metastasis
• c) A crystal portal in the inner vessel of an experimental thorium reactor, to reveal its nuclear fires to the naked eye
• d) A small window high on the wall of a basement office in the Princeton physics department, to reveal a small patch of sky to postgraduate students who have not been outside for seven years

4. On 10 March we described a new material for violin strings, said to produce a brilliant and complex sound richer than that of catgut. What makes up these super strings?

• a) Mousegut
• b) Spider silk
• c) Braided carbon nanotubes
• d) An alloy of yttrium and ytterbium

5. While the peril of climate change looms inexorably larger, in this festive-for-some season we might take a minute to look on the bright side. On 17 March we reported on one benefit of global warming, which might make life better for some people for a while. It was:

• a) Receding Arctic sea ice will make it easier to lay undersea cables to boost internet speeds
• b) Increasing temperatures mean that Greenlanders can soon start making their own wine
• c) Rising sea levels could allow a string of new beach resorts to open in the impoverished country of Chad
• d) More acidic seawater will add a pleasant tang to the salt water taffy sweets made in Atlantic City

6. In Alaska's Glacier Bay national park, the brown bear in the photo (above, right) is doing something never before witnessed among bearkind, as we revealed on 10 March. Is it:

• a) Making a phonecall?
• b) Gnawing at a piece of whalebone to dislodge a rotten tooth?
• c) Scratching itself with a barnacle-covered stone tool?
• d) Cracking oysters on its jaw?

7. Men have much in common with fruit flies, as we revealed on 24 March. When the sexual advances of a male fruit fly are rejected, he may respond by:

• a) Whining
• b) Hitting the booze
• c) Jumping off a tall building
• d) Hovering around the choosy female long after all hope is lost

8. While great Higgsian things were happening at the LHC, scientists puzzled over a newly urgent question: what should we call the boson? Peter Higgs wasn't the only physicist to predict its existence, and some have suggested that the particle's name should also include those other theorists or perhaps reflect some other aspect of the particle. Which of the following is a real suggestion that we reported on 24 March?

Continue reading page

|1

|2

If you would like to reuse any content from New Scientist, either in print or online, please contact the syndication department first for permission. New Scientist does not own rights to photos, but there are a variety of licensing options available for use of articles and graphics we own the copyright to.

All comments should respect the New Scientist House Rules. If you think a particular comment breaks these rules then please use the "Report" link in that comment to report it to us.

If you are having a technical problem posting a comment, please contact technical support.

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China and emerging powers to pay more for UN

UNITED NATIONS: China, Brazil, India and other emerging powers agreed to major increases in their United Nations payments as the global body hammered out a new budget deal this week to avoid its own fiscal cliff.

The boom countries will pay more as economic crisis allows European nations, such as Britain, Germany and France and Japan to cut their contributions.

While the sums involved are not huge by global standards -- the revised UN budget for 2012-2013 is $5.4 billion -- diplomats say the new shareout is a snapshot of the world's changing economic fortunes.

And the UN system has maintained sum of its quirks with Greece, despite its economic slump, still paying more than India, which aspires to become a permanent member of the UN Security Council.

UN contributions are worked out according to a country's share of global gross national income (GNI). China will pay an extra 61 per cent in UN fees, taking its share of the budget from 3.2 to 5.1 per cent. It will overtake Canada and Italy to become the sixth biggest UN contributor.

Brazil has agreed to an 82 per cent hike in payments. It will pay 2.9 per cent of the budget instead of 1.6 per cent. India's payments will increase 24 per cent, taking its budget share from 0.5 to 0.66 per cent. And Russia's payments will go up by 52 per cent.

The United States remains the major UN financier, though its contributions are pegged at 22 per cent while it accounts for 24.2 per cent of world GNI.

Other major contributors will all see payments decrease. Japan, in second place, will see a 13.5 per cent drop to 10.8 per cent of the budget. It previously accounted for 12.5 per cent of UN finances.

Germany's share of the budget will fall from 8.0 to 7.1 per cent, France from 6.1 to 5.6 per cent and Britain from 6.6 to 5.18 per cent.

"This is a start brought on by the economic crisis in Europe, but there will have to be more changes eventually," said one western diplomat.

Another noted the new payment breakdown reflects changes around the world, and that the contrast between Greece and India was "striking."

Greece's share of budget will decrease from 0.7 to 0.64 per cent. But its share of global GNI is 0.5 per cent, while India, which pays about the same amount, accounts for 2.2 per cent of world GNI.

A complicated series of rebates allows various countries to claim reductions in payments. China and the other emerging powers still pay less than their share of the world economy. The Europeans and Japan still pay more.

The UN's regular budget does not include its peacekeeping operations, which cost more than $7.5 billion a year and are paid for with separate assessments.

Under the deal agreed this week, a pay freeze has been ordered for the estimated 10,000 UN staff in New York.

- AFP/ck

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Stuxnet attacks Iran again, reports say

An Iranian news agency says the country successfully fended off yet another attack by the Stuxnet worm, according to reports.

The cyberattack targeted a power plant and other sites in southern Iran over the fall, the BBC and the Associated Press reported today.

Discovered in June 2010, Stuxnet is believed to be the first malware targeted specifically at critical infrastructure systems. It's thought to have been designed to shut down centrifuges at Iran's Natanz uranium enrichment plant, where stoppages and other problems reportedly occurred around that time. The sophisticated worm spreads via USB drives and through four previously unknown holes, known as zero-day vulnerabilities, in Windows.

Stuxnet is just one of several versions of malware aimed at Middle Eastern countries in the past two and a half years. Along Stuxnet, there have arisen Duqu, Gauss, Mahdi, Flame, Wiper, and Shamoon.

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Photos: Humboldt Squid Have a Bad Day at the Beach

Photograph by Chris Elmenhurst, Surf the Spot Photography

“Strandings have been taking place with increased frequency along the west coast over the past ten years,” noted NOAA’s Field, “as this population of squid seems to be expanding its range—likely a consequence of climate change—and can be very abundant at times.” (Learn about other jumbo squid strandings.)

Humboldt squid are typically found in warmer waters farther south in theGulf of California (map) and off the coast ofPeru. “[But] we find them up north here during warmer water time periods,” said ocean sciences researcherKenneth Bruland with the University of California, Santa Cruz (UCSC).

Coastal upwelling—when winds blowing south drive ocean circulation to bring cold, nutrient-rich waters up from the deep—ceases during the fall and winter and warmer water is found closer to shore. Bruland noted that climate change, and the resulting areas of low oxygen, “could be a major factor” in drawing jumbo squid north.

Published December 24, 2012

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Gunman Killed Firemen With Bushmaster, Left Note

A convicted killer, who shot dead two firefighters with a Bushmaster assault rifle after leading them into an ambush when they responded to a house fire he set in Western New York, left behind a typewritten note saying he wanted to "do what I like doing best, killing people," police said.

William Spengler, 62, set his home and a car on fire early Monday morning with the intention of setting a trap to kill firefighters and to see "how much of the neighborhood I can burn down," according to the note he wrote and which police found at the scene. The note did not give a reason for his actions.

Spengler, who served 18 years in prison for beating his 92-year-old grandmother to death with a hammer in 1981, hid Monday morning in a small ditch beside a tree overlooking the sleepy lakeside street in Webster, N.Y., where he lived with his sister, police said today in a news conference.

Police said they found remains in the house, believed to be that of the sister, Cheryl Spengler, 67.

As firefighters arrived on the scene after a 5:30 a.m. 911 call on the morning of Christmas Eve, Spengler opened fire on them with the Bushmaster, the same semi-automatic, military-style weapon used in the Dec. 14 rampage killing of 20 children in Newtown, Conn.

"This was a clear ambush on first responders… Spengler had armed himself heavily and taken area of cover," said Gerald Pickering, the chief of the Webster Police Department.

Armed with a Smith & Wesson .38 caliber revolver, a Mossman 12-gauge shotgun, and the Bushmaster, Spengler killed two firefighters, and injured two more as well as an off-duty police officer at the scene.

As a convicted felon, Spengler could not legally own a firearm and police are investigating how he obtained the weapons.

One firefighter tried to take cover in his fire engine and was killed with a gunshot through the windshield, Pickering said.

Responding police engaged in a gunfight with Spengler, who ultimately died, likely by a self-inflicted gunshot wound to the head.

As police engaged the gunman, more houses along Lake Ontario were engulfed, ultimately razing seven of them. Some 33 people in adjoining homes were displaced by the fire.

SWAT teams were forced to evacuate residents using armored vehicles.

Police identified the two slain firefighter as Lt. Michael Chiapperini, a 20-year veteran of the Webster Police Department and "lifetime firefighter," according to Pickering, and Tomasz Kaczowka, who also worked as a 911 dispatcher.

Two other firefighters were wounded and remain the intensive care unit at Strong Memorial Hospital in Rochester, N.Y.

Joseph Hofsetter was shot once. He sustained an injury to his pelvis and has "a long road to recovery," said Dr. Nicole A. Stassen, a trauma physician.

The second firefighter, Theodore Scardino, was shot twice and received injuries to his left shoulder and left lung, as well as a knee.

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New Scientist 2012 holiday quiz

Continue reading page

|1

|2

THIS was the year we held our breath in almost unbearable anticipation while we waited to see whether physicists at the Large Hadron Collider would finally get a clear view of the Higgs boson, so tantalisingly hinted at last December. Going a bit blue, we held on through March when one of the LHC's detectors seemed to lose sight of the thing, before exhaling in a puff of almost-resolution in July, when researchers announced that the data added up to a fairly confident pretty-much-actual-discovery of the particle.

Early indications were that it might be a weird and wonderful variety of the Higgs, prompting a collective gasp of excitement. That was followed by a synchronised sigh of mild disappointment when later data implied that it was probably the most boring possible version after all, and not a strange entity pointing the way to new dimensions and the true nature of dark matter. Prepare yourself for another puff or two as the big story moves on next year.

This respirational rollercoaster might be running a bit too slowly to supply enough oxygen to the brain of a New Scientist reader, so we have taken care to provide more frequent oohs and aahs using less momentous revelations. See how many of the following unfundamental discoveries you can distinguish from the truth-free mimics that crowd parasitically around them.

1. Which of these anatomical incongruities of the animal kingdom did we describe on 14 July?

• a) A fish, found in a canal in Vietnam, that wears its genitals under its mouth
• b) A frog, found in a puddle in Peru, that has no spleen
• c) A lizard, found in a cave in Indonesia, that has four left feet
• d) A cat, found in a tree in northern England, that has eight extra teeth

2. "A sprout by any other name would taste as foul." So wrote William Shakespeare in his diary on 25 December 1598, setting off the centuries of slightly unjust ridicule experienced by this routinely over-cooked vegetable. But which forbiddingly named veg did we report on 7 July as having more health-giving power than the sprout, its active ingredient being trialled as a treatment for prostate cancer?

• a) Poison celery
• b) Murder beans
• c) Inconvenience potatoes
• d) Death carrots

3. Scientists often like to say they are opening a new window on things. Usually that is a metaphor, but on 10 November we reported on a more literal innovation in the fenestral realm. It was:

• a) A perspex peephole set in the nest of the fearsome Japanese giant hornet, to reveal its domestic habits
• b) A glass porthole implanted in the abdomen of a mouse, to reveal the process of tumour metastasis
• c) A crystal portal in the inner vessel of an experimental thorium reactor, to reveal its nuclear fires to the naked eye
• d) A small window high on the wall of a basement office in the Princeton physics department, to reveal a small patch of sky to postgraduate students who have not been outside for seven years

4. On 10 March we described a new material for violin strings, said to produce a brilliant and complex sound richer than that of catgut. What makes up these super strings?

• a) Mousegut
• b) Spider silk
• c) Braided carbon nanotubes
• d) An alloy of yttrium and ytterbium

5. While the peril of climate change looms inexorably larger, in this festive-for-some season we might take a minute to look on the bright side. On 17 March we reported on one benefit of global warming, which might make life better for some people for a while. It was:

• a) Receding Arctic sea ice will make it easier to lay undersea cables to boost internet speeds
• b) Increasing temperatures mean that Greenlanders can soon start making their own wine
• c) Rising sea levels could allow a string of new beach resorts to open in the impoverished country of Chad
• d) More acidic seawater will add a pleasant tang to the salt water taffy sweets made in Atlantic City

6. In Alaska's Glacier Bay national park, the brown bear in the photo (above, right) is doing something never before witnessed among bearkind, as we revealed on 10 March. Is it:

• a) Making a phonecall?
• b) Gnawing at a piece of whalebone to dislodge a rotten tooth?
• c) Scratching itself with a barnacle-covered stone tool?
• d) Cracking oysters on its jaw?

7. Men have much in common with fruit flies, as we revealed on 24 March. When the sexual advances of a male fruit fly are rejected, he may respond by:

• a) Whining
• b) Hitting the booze
• c) Jumping off a tall building
• d) Hovering around the choosy female long after all hope is lost

8. While great Higgsian things were happening at the LHC, scientists puzzled over a newly urgent question: what should we call the boson? Peter Higgs wasn't the only physicist to predict its existence, and some have suggested that the particle's name should also include those other theorists or perhaps reflect some other aspect of the particle. Which of the following is a real suggestion that we reported on 24 March?

Continue reading page

|1

|2

If you would like to reuse any content from New Scientist, either in print or online, please contact the syndication department first for permission. New Scientist does not own rights to photos, but there are a variety of licensing options available for use of articles and graphics we own the copyright to.

All comments should respect the New Scientist House Rules. If you think a particular comment breaks these rules then please use the "Report" link in that comment to report it to us.

If you are having a technical problem posting a comment, please contact technical support.

Read More..

Instagram sued over contract changes

SAN FRANCISCO: A lawsuit is seeking to stop Instagram from changing its terms of service, saying the Facebook-owned smartphone photo-sharing service is breaching its contract with users.

The class action lawsuit filed Friday by the Southern California-based Finkelstein and Krinsk law firm called on the federal court to bar Instagram from changing its rules.

"Instagram is taking its customers property rights while insulating itself from all liability," the law firm said in the filing, which also demanded that the service pay its legal fees.

"In short, Instagram declares that 'possession is nine tenths of the law and if you don't like it, you can't stop us.'"

Facebook said the complaint was "without merit." "We will fight it vigorously," the social network added.

Changes to the Instagram privacy policy and terms of service had included wording that allowed for people's pictures to be used by advertisers at Instagram or Facebook worldwide, royalty-free.

Last week, Instagram tried to calm a user rebellion by apparently backing off the changes, due to come into effect from January.

"I want to be really clear: Instagram has no intention of selling your photos, and we never did. We don't own your photos, you do," Instagram co-founder and chief Kevin Systrom said in a blog post.

But the lawsuit, filed in San Francisco, argues that Instagram didn't backpedal enough and that customers who leave the service still forfeit their rights to any photos that they had previously shared on the service.

"The purported concessions by Instagram in its press release and final version of the new terms were nothing more than a public relations campaign to address public discontent," the complaint said.

Tens of thousands of Instagram users in the state of California are eligible to join the class action lawsuit.

- AFP/ck

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Customer claims Sprint worker said his fingers 'too fat' for iPhone

Does finger size really matter?

(Credit:
CNET)

It's possible you might put on a few pounds during this holiday season.

Might I suggest you perform additional exercises with your fingers? You know, so that they don't get too large.

This would seem to be extremely sane advice if you want to buy an iPhone from Sprint.

At least that's what one Sprint customer would have you believe. This customer says he billowed his way into his local Sprint store in order to get a replacement for his damaged
iPhone 4.

As told to Tom's Hardware, when he discovered he could get a free replacement, the customer thought this seemed like a sound value proposition.

The Sprint salesperson allegedly countered by telling the customer that the iPhone is "really a piece of s***."

I am all for creative salesmanship. This, however, seemed to go down as well as a restoration of the Mona Lisa involving acrylics and a hairbrush.

As many salespeople are, this one was apparently undeterred.

He allegedly went on to list all the many, colorful reasons why the iPhone is really, really "a piece of s***."

These included battery life, fragility, and size -- the last of which supposedly led to "your fingers are too fat for such a phone. You should get the Galaxy S3."

More Technically Incorrect

I would be stunned into emitting lava from my mouth had I not myself, with a slim-fingered witness at my side, enjoyed a somewhat similar experience at a Verizon store, where the salesperson did everything possible to unsell me an iPhone.

No, he didn't use the phrase "really a piece of s***." But he did offer that other phones were 10 times faster than the iPhone and that only Apple wants to push iPhones, Verizon doesn't.

I am sure that in neither case could the salesperson's iPooh-poohing be at all related to the amount of money the store makes (or doesn't) from the iPhone.

I have contacted Sprint to see whether the company has any comment about the digital size of customers who are eligible to buy an iPhone.

In this particular case, the transaction doesn't seem to have gone in Sprint's favor.

For the customer concluded:

"Okay [M], your nametag doesn't say 'Sprint Rep/Nutritionist' so don't tell me how I can't use the phone because of my 'fat' fingers." Fed up with his attitude and tone of condescension, I walked out, no phone in hand. I'd rather have a broken phone than to have to put up with such a rude person.

Yes, he thought the salesperson was fatheaded.

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Photos: Humboldt Squid Have a Bad Day at the Beach

Photograph by Chris Elmenhurst, Surf the Spot Photography

“Strandings have been taking place with increased frequency along the west coast over the past ten years,” noted NOAA’s Field, “as this population of squid seems to be expanding its range—likely a consequence of climate change—and can be very abundant at times.” (Learn about other jumbo squid strandings.)

Humboldt squid are typically found in warmer waters farther south in theGulf of California (map) and off the coast ofPeru. “[But] we find them up north here during warmer water time periods,” said ocean sciences researcherKenneth Bruland with the University of California, Santa Cruz (UCSC).

Coastal upwelling—when winds blowing south drive ocean circulation to bring cold, nutrient-rich waters up from the deep—ceases during the fall and winter and warmer water is found closer to shore. Bruland noted that climate change, and the resulting areas of low oxygen, “could be a major factor” in drawing jumbo squid north.

Published December 24, 2012

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