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Apple wins dismissal of lawsuit over MacBook logic boards

Apple Inc won the dismissal on Thursday of a lawsuit accusing it of defrauding consumers by selling MacBook laptop computers that contained "logic boards" it knew were defective, and which routinely failed within two years.U.S. District Judge William Alsup in San Francisco said the plaintiffs, Uriel Marcus and Benedict Verceles, failed to show that Apple made "affirmative misrepresentations," despite citing online complaints and Apple marketing statements calling the laptops "state of the art" or the "most advanced" on the market."Plaintiffs have failed to allege that Apple's logic boards were unfit for their ordinary purposes or lacked a minimal level of quality," Alsup wrote. "Both plaintiffs were able to adequately use their computers for approximately 18 months and two years, respectively."Alsup gave the plaintiffs until Jan. 22 to amend their lawsuit, which sought class-action status, against the Cupertino, California-based company. Omar Rosales, a lawyer for the plaintiffs, did not immediately respond to requests for comment. Apple did not immediately respond to a similar request.The plaintiffs claimed that Apple's sale of MacBooks since May 20, 2010, violated consumer protection laws in California and Texas, where the lawsuit began last May before being moved.They also contended that Apple Chief Executive Tim Cook was told about the defective logic boards in 2011, but did nothing. Logic boards contain computer circuitry and are sometimes known as motherboards.A separate and still pending lawsuit in California accuses Apple of defrauding consumers by selling MacBook Pro laptops in 2011 that contained defective graphic cards, causing screen distortions and system failures. MacBooks are part of Apple's Mac line of desktop and laptop computers. The company reported unit sales in that business of 18.91 million in its latest fiscal year.The case is Marcus et al v. Apple Inc, U.S. District Court, Northern District of California, No. 14-03824. (Reporting by Jonathan Stempel in New York. Editing by Andre Grenon)

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Opponents target North Carolina transgender bathroom law

WINSTON-SALEM, N.C. For 20-year-old Payton McGarry, a transgender man and college student, the North Carolina law barring him from using public bathrooms consistent with his gender identity means a routine part of life now dictates his day.He limits how much he drinks to avoid using a bathroom away from home. He looks for gender-neutral restrooms at the University of North Carolina at Greensboro, where he attends, but has missed instruction time when he cannot find one in his classroom buildings."There is a lot of insecurity about being in public spaces," the accounting and business major said in a telephone interview. "If I know I’m going to be out an extended period of time, I just don’t drink a lot."On Monday, McGarry and other opponents of the law, known as House Bill 2, or HB 2, will ask a federal judge in Winston-Salem to block enforcement of its bathroom provisions while the legal fight against the full measure, enacted in March, plays out.North Carolina is the only state in the country to mandate that people use multiple-occupancy public restrooms and changing facilities that correspond with the sex on their birth certificate rather than their gender identity, placing it at the forefront of the latest civil rights frontier in America.The restrictions put transgender people, particularly students at public schools, in an untenable position, said Chris Brook, one of the American Civil Liberties Union lawyers challenging the measure."It forces all trans kids in our state to choose between breaking the law and using the correct restroom or using the wrong restroom, which could put them in a perilous situation," he said.Republican lawmakers have not been persuaded by such arguments, or boycotts of the state by corporations, conventions, entertainers and the National Basketball Association, which this month said it was pulling its 2017 all-star game from Charlotte in protest of the law, which has been decried by critics as discriminatory. Lawyers for Republican Governor Pat McCrory argue the measure protects the safety and privacy expectations of the state's residents."Plaintiffs purportedly seek to overturn a single state statute, but in reality they seek to overturn millennia of accepted practice by which men and women utilize separate facilities for using the restroom, bathing, and changing clothes," the governor's lawyers said in a court filing opposing efforts to block HB 2.McCrory's office did not reply to a request for comment ahead of Monday's hearing. The University of North Carolina, also named as a defendant, welcomes "resolution of these difficult issues by the court so that we can refocus our efforts on our primary mission - educating students," President Margaret Spellings said in a statement. TELLING THEIR STORIESKaty and Mac Schafer hope their family's story will help change minds. Their eldest child, 17-year-old Hunter, was assigned the gender of male at birth but now lives and identifies as female.She attends high school at the University of North Carolina School of the Arts in Winston-Salem, where until HB 2 passed she used the women's restroom in keeping with the guidance given to her by medical professionals.Her mother felt sick when lawmakers took that option away. "All that we had done right as parents to love and support our kid and everything the medical community was telling us was important to have our teenager thrive in the world ... none of that was considered," said Katy Schafer, who joined her daughter and McGarry as plaintiffs in the lawsuit filed by the ACLU and Lambda Legal advocacy groups.The case is due to go to trial on Nov. 14. North Carolina also has been sued by the U.S. Justice Department over the law, while McCrory and other public officials in turn have sued the U.S. government.The legal battles have thrust Joaquin Carcano, a 28-year-old transgender man and another plaintiff in the ACLU's case, into the national debate over bathroom access.Court documents tell how the only gender-neutral bathroom available to him in the office where he works as an HIV project coordinator at the University of North Carolina at Chapel Hill requires riding a service elevator to a part of the building used for housekeeping.Carcano said he feels a responsibility to speak for the transgender community. But being in the spotlight on such a personal matter is not always easy."Having your identity and body being a point of public conversation can be really exhausting," he said. (Editing by Steve Orlofsky)

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Ai Weiwei puts himself back in a jail cell in new Spanish show

CUENCA, Spain Artist Ai Weiwei has reproduced scenes of his incarceration for a new art installation, a series of almost life-size dioramas - encased in steel boxes - showing his life in jail.Visitors to the exhibition, in a cathedral in central Spain, have to peer through peep-holes in the stark, gray boxes to see the 3D scenes, which show Ai watched by two uniformed guards as he eats, sleeps, showers and uses the toilet in his tiny cell.Ai, one of China's most high-profile artists and political activists, was jailed for 81 days on charges of tax evasion in 2011. China confiscated his passport, only returning it in July last year.His installation, "S.A.C.R.E.D.", is a highlight of a series of events under the title "The Poetry of Freedom" taking place across Spain to mark the 400th anniversary of the death of Miguel de Cervantes. The Spanish writer was held as a slave in Algiers for five years in the late 16th century and spent months in jail in Spain later in life for bookkeeping discrepancies, where he is thought to have conceived the idea for his masterpiece "Don Quixote". A quote from that novel, about a middle-aged gentleman obsessed by ideals of chivalry who travels central Spain with his loyal squire Sancho Panza, adorns the wall of the Cuenca exhibition: "Freedom, Sancho, is one of the most precious gifts that heaven has ever given man." The exhibition, at the 12th century cathedral in the fortified medieval city of Cuenca, opens on July 26 and runs until Nov. 6. (Reporting by Catherine Bennett; Editing by Sonya Dowsett and Robin Pomeroy)

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Apple wins dismissal of lawsuit over MacBook logic boards

Apple Inc won the dismissal on Thursday of a lawsuit accusing it of defrauding consumers by selling MacBook laptop computers that contained "logic boards" it knew were defective, and which routinely failed within two years.U.S. District Judge William Alsup in San Francisco said the plaintiffs, Uriel Marcus and Benedict Verceles, failed to show that Apple made "affirmative misrepresentations," despite citing online complaints and Apple marketing statements calling the laptops "state of the art" or the "most advanced" on the market."Plaintiffs have failed to allege that Apple's logic boards were unfit for their ordinary purposes or lacked a minimal level of quality," Alsup wrote. "Both plaintiffs were able to adequately use their computers for approximately 18 months and two years, respectively."Alsup gave the plaintiffs until Jan. 22 to amend their lawsuit, which sought class-action status, against the Cupertino, California-based company. Omar Rosales, a lawyer for the plaintiffs, did not immediately respond to requests for comment. Apple did not immediately respond to a similar request.The plaintiffs claimed that Apple's sale of MacBooks since May 20, 2010, violated consumer protection laws in California and Texas, where the lawsuit began last May before being moved.They also contended that Apple Chief Executive Tim Cook was told about the defective logic boards in 2011, but did nothing. Logic boards contain computer circuitry and are sometimes known as motherboards.A separate and still pending lawsuit in California accuses Apple of defrauding consumers by selling MacBook Pro laptops in 2011 that contained defective graphic cards, causing screen distortions and system failures. MacBooks are part of Apple's Mac line of desktop and laptop computers. The company reported unit sales in that business of 18.91 million in its latest fiscal year.The case is Marcus et al v. Apple Inc, U.S. District Court, Northern District of California, No. 14-03824. (Reporting by Jonathan Stempel in New York. Editing by Andre Grenon)

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Philistines were more sophisticated than given credit for, say archeologists

ASHKELON, Israel Philistines were no "philistines", say archaeologists who unearthed a 3,000-year-old cemetery in which members of the biblical nation were buried along with jewelry and perfumed oil.Little was known about the Philistines prior to the recent excavation in the Israeli port city of Ashkelon. The famed arch enemies of the ancient Israelites -- Goliath was a Philistine -- flourished in this area of the Mediterranean, starting in the 12th century BC, but their way of life and origin have remained a mystery.That stands to change after what researchers have called the first discovery of a Philistine cemetery. It contains the remains of about 150 people in numerous burial chambers, some containing surprisingly sophisticated items.The team also found DNA on parts of the skeletons and hope that further testing will determine the origins of the Philistine people.We may need to rethink today's derogatory use of the word philistine, which refers to someone averse to culture and the arts, said archaeologist Lawrence Stager, who has led the Leon Levy Expedition to Ashkelon since 1985. "The Philistines have had some bad press, and this will dispel a lot of myths," Stager said.Stager's team dug down about 3 meters (10 feet) to uncover the cemetery, which they found to have been used centuries later as a Roman vineyard.On hands and knees, workers brushed away layers of dusty earth to reveal the brittle white bones of entire Philistine skeletons reposed as they were three millennia ago. Decorated juglets believed to have contained perfumed oil were found in graves. Some bodies were still wearing bracelets and earrings. Others had weapons. The archeologists also discovered some cremations, which the team say were rare and expensive for the period, and some larger jugs contained the bones of infants. "The cosmopolitan life here is so much more elegant and worldly and connected with other parts of the eastern Mediterranean," Stager said, adding that this was in contrast to the more modest village lifestyle of the Israelites who lived in the hills to the east.Bones, ceramics and other remains were moved to a tented compound for further study and some artifacts were reconstructed piece by piece. The team mapped the position of every bone removed to produce a digital 3D recreation of the burial site.Final reports on the finds are being published by the Semitic Museum at Harvard University. (Editing by David Goodman)

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