Wikileaks accused loses challenge

Bradley Manning has denied that his leaks helped terror groups such as al-Qaeda

A military judge has refused to dismiss the most serious charge facing Bradley Manning, the US soldier who allegedly leaked thousands of secret documents.

Lawyers for the 25-year-old argued there is no proof he "aided the enemy", a charge carrying a life prison term.

Prosecutors have argued he "systematically harvested" documents eventually seen by Osama Bin Laden.

The case, allegedly involving 700,000 files, is considered the largest-ever leak of secret US government documents.

"He [Pte Manning] was knowingly providing intelligence to the enemy," said Judge Colonel Denise Lind at Thursday's hearing in Fort Meade, Maryland.

The decision does not exclude the possibility of Pte Manning being ultimately acquitted of the charge.

No 'evil intent'
The accused, who appeared to be following the proceedings closely, showed no reaction to the ruling.

He has previously pleaded guilty to 10 of the more than 20 charges he faces.

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Today's ruling from the judge on the charge of "aiding the enemy" was highly anticipated. Outside the court at Fort Meade, Pte Manning's supporters said the case could deter other "whistleblowers" from sharing classified information which might be in the public interest. One of them asked whether, if someone leaked something to a newspaper, they too could be seen as "aiding the enemy".

If found guilty on this count, Pte Manning faces life in prison. For him to be convicted, it needs to be proved that he gave potentially damaging information to an enemy, knowingly, and with evil intent. It is this last clause that could be the trickiest to ascertain. Prosecutors argue they have proof al-Qaeda accessed information from Wikileaks, and that by posting the information Pte Manning would have known terror groups could see it.

But on Thursday, Judge Lind also denied a defence request to drop a computer fraud charge.

She is still considering a motion by Pte Manning's lawyers to dismiss five charges of theft.

Some two dozen of his supporters sat quietly in the courtroom, some wearing t-shirts printed with the word "truth".

"We're disappointed," Jeff Paterson, head of the Bradley Manning Support Network, told the Associated Press news agency outside court.

On Monday, defence lawyer David Coombs argued that the Army private was guilty of negligence, but not the "general evil intent" required to justify the life charge.

He said the government had offered no evidence to show that Pte Manning knew the leaked files could fall into the hands of al-Qaeda militants.

Pte Manning's lawyer has sought to show that he was "young, naive and good-intentioned" when he arrived in Iraq, but became disillusioned.

The accused told a pre-trial hearing in February that he had divulged the documents to spark a public debate about US military and foreign policy.

Prosecutors have argued the leaks damaged national security and endangered American lives, and said Pte Manning used his military training and access to gain notoriety.

Among the items sent to Wikileaks was graphic footage of an Apache helicopter attack in 2007 that killed a dozen people in the Iraqi capital Baghdad, including a Reuters photographer.

Other files leaked included thousands of battlefield reports from Afghanistan and Iraq, as well as secure messages between US embassies and the state department in Washington.

Review: Logic Pro X loses none of its power, gains great new features

Apple’s music division has been anything but idle the past several years, but it has focused largely on the GarageBand products for consumers and mobile users. The professional crowd has seen some updates (and a reduced price) to 2009’s Logic Pro 9, but very little else. Today that changes with the release of Logic Pro X, Logic Remote (a companion app for iPad), and MainStage 3 (Apple's live-performance tool, sold separately).

Those who’ve seen the Roman numeral X slapped onto Final Cut Pro may approach this release with some initial trepidation. Has Logic Pro been stripped of vital features to make it more accessible to GarageBand users? Is Apple abandoning professional audio engineers and musicians to cater to the prosumer user?

No and no. While Logic Pro has indeed adopted some of the look of Final Cut Pro X—with its dark visage and panes that can be invoked or dismissed as the mood strikes—Apple’s digital audio workstation (DAW) has lost none of its power and gained valuable features on just about every front.

Logic Pro X is available only through the Mac App Store and costs $200. This is for both new and existing users of Logic—no upgrade pricing applies. Your Mac must be running OS X 10.8.4 or later, and you’ll want at least 35GB of storage if you plan to install all of the optional content (you can get by with 5GB for the default Logic Pro X installation). You should also make sure that any plug-ins you wish to use are 64-bit: With this version of Logic Pro, Apple has bid farewell to 32-bit plug-ins. There’s no bridging utility to allow those older plug-ins to work, so they are entirely incompatible with the application. But the new version hasn’t entirely abandoned the past. Projects created as far back as Logic 5 can be opened with Logic Pro X.

Logic has long had the reputation of being one of the deepest, but most challenging DAWs to use. Since Apple acquired Emagic (the German company that developed it), it’s set about making Logic easier to use. Logic Pro X takes a major leap in that direction.

Apple has rethought the placement of elements you routinely use. For instance, the transport controls have moved to the top of the window to join the buttons that represent common commands, whereas in the past these controls and buttons were split between the top and bottom of the interface. The Library pane is now on the left, as many of us tend to work from left to right, and can quickly be exposed or hidden with the click of a button. As in GarageBand, each track now has volume and pan controls within the track list, thus allowing you to make changes there rather than moving to the Channel Strip or Mixer. Overall, elements are slightly bigger than they were in Logic Pro 9, so that finding just the tool you want is easier.

Logic Pro X's interface (click to enlarge)
This doesn’t mean that Logic Pro has lost its command-rich menus within the application’s various panes. When you need to dig deep, they and the menu bar menus are still your avenue for doing so. But when you want to do something quickly—sketch out a new tune or perform a quick edit—the new layout makes it easier to get to the task at hand.

It also presents GarageBand users with a more familiar environment. Musicians who’ve grown beyond GarageBand’s capabilities often come to Logic and sit, stupefied, wondering where to begin. I have little doubt that part of the purpose behind Logic Pro’s redesign was to make these users feel more welcome. Close enough panes, and you find a Logic Pro that performs a darned fine imitation of the GarageBand interface. As those users become more confident with the application, it’s a simple matter to expand the interface to place more advanced tools before them.

Other adjustments make Logic more logical. Elements in a channel strip and mixer—a group of effects, for example—reflect their position in the signal path. To change their position in that path, just drag them up or down to a new position. And you can now engage a Quick Help feature that, in a small window, provides tidbits of information about any item your cursor hovers over. You can easily move arrangement markers to change the order of sections in your song. The Score editor now behaves more like a notation application. And the arpeggiator, plucked from its obscure location, is now within the software instrument tracks’ Edit pane.

Logic Pro’s interface changes are about more than accommodating GarageBand users—in the past, pros could be overwhelmed as well. For example, suppose you’re working on a project that contains half-a-hundred tracks. Regardless of how large your monitor is, you’re going to perform a fair measure of scrolling as you access your tracks. But suppose you could group some of those tracks—all the acoustic drum tracks, for example—into a folder-like arrangement in the track list and then show or hide the tracks it contains with the click of a triangle icon? That’s one of the ideas behind the new Track Stacks feature—specifically, the folder stack. In this view, you consolidate tracks you’ve selected into a single group (thus getting them out of the way). Once you’ve created the folder stack, you can mute and solo the stack as well as control its volume with a single fader.

You can play all the instruments in this summing stack as a single instrument (click to enlarge).
The other idea is the summing stack. Again, you consolidate the selected tracks, but in this case you’re submixing them into an auxiliary channel.

If this track contains software instruments, it can be used and saved as a patch so that it behaves like a single instrument rather than a group of instruments. For example, you’ve created seven tracks, all of which are analog synthesizer tracks, with Logic’s instruments. Not only can you group and hide them as well as control their mute, solo, and volume settings, but you can additionally use your MIDI keyboard to play all of them at once as a single instrument. And if you’ve configured the ranges for each track—so the Growly Synth plays only the first two octaves, the Crunch Synth plays every note thrown at it, and the Lead Synth plays just the top two octaves—different instruments play, depending on which key you press. Press a low key, and you hear the Growly Synth and Crunch Synth mixed. Play something in the top octaves, and you hear no Crunch Synth, as it’s not mapped to play in this range. You can then save this patch and call it up for any project you work with in the future. This is a powerful method for creating layered (and fat) instruments.

Another way Apple makes Logic more accessible is through new Smart Controls. If, in the past, you created a software instrument track or applied an effect to a track and wanted to change some of that track’s parameters—give a little more brightness to an instrument or adjust a compressor effect’s setting—you were thrown into what could be a complicated interface with scads of controls. Smart Controls allow you to avoid this by providing a subset of simple controls for accessing that instrument's or recording’s most common settings.

Smart Controls gives you access to settings you must want to adjust (click to enlarge).
For example, call up the Classic Electric Piano instrument, double-click on its icon in the track list, and its Smart Controls appear at the bottom of the Logic window. Here are eight simple knobs for exactly the kind of tweaks you’d want to perform on a Fender Rhodes electric piano—Bell, Drive, Treble, Bass, Tremolo, Ambience, Chorus, and Reverb. No sampler fiddling required.

You don't have to live with a track’s Smart Controls, however. Click an Info button, and a pane appears where you can choose what a particular control will do. For instance, on my Fender Rhodes I can assign a Phaser control to what is, by default, the Bell control knob. I can then store those settings as part of a patch so that they come up every time I use it. And like other Logic controls you can assign a hardware controller to them (a slider or wheel on your MIDI keyboard, for example) and manipulate them while you play. As you do that, you can record your manipulation so that it plays back with the track.

Logic Pro 9 was a boon for guitar players in that it included stompbox, amp, and speaker effects. With Logic Pro X, Apple turns to bass players and drummers. Bass players will be happy to know that they can now build their own rigs as well. Included are three amp models—Modern Amp, Classic Amp, and Flip-Top Amp—as well as a Direct Box setting. You can additionally choose from six cabinet settings—Modern Cabinet 15”, Modern Cabinet 10”, Modern Cabinet 6”, Modern Cabinet Distant, Classic Cabinet 8*10”, and Flip Top Cabinet 1*15”. There are two direct box-out settings as well. And, as with the guitar rig, you can choose a mic and its position—a Condenser 87, Dynamic 20, or Dynamic 421. While bass tracks are designed primarily for those jacking a real bass into an audio interface, as with guitar effects, you can apply your bass rig to software instruments and MIDI tracks too.

Bass players now get a configurable rig of their own (click to enlarge).
New drum features run deeper still. I’ll start with the new Drummer track. Drum loops can help you sketch out a tune, but because they’re loops, they tend to be pretty static. You can tweak them and insert fills but they still don’t sound like the real thing.

So Apple came up with the Drummer track. These are 15 virtual drummers—sampled from some of the world’s best studio cats—who live inside Logic. Create one of these tracks and choose from four styles—Rock, Alternative, Songwriter, or R&B (sorry, no Country, Jazz, or Latin). Then choose the drummer you’d like to use (and yes, they all have names). For example, Max is a punk drummer who bangs on a punchy kit. Logan is an older dude who prefers retro rock and plays a just-as-retro kit.

This may sound like just a cute way to add personality to loops, but it’s far more than that. Next to your drummer are some helpful controls. From a Presets menu you can choose a substyle in that drummer’s roundhouse. For example, with Logan I can choose AM Gold, Stonehenge, or Firebird (licensing issues may prevent Apple from calling it “Freebird”). Next, you can employ an X-Y pad and move a controller between Simple and Complex on one axis and Soft and Loud on the other. Drag the control around, and the pattern changes to match your desires. For example, if you place the control in the bottom left corner (Simple and Soft), you may hear a rudimentary kick drum on beats one and three and high-hat clicks on beats one through four. Drag the control to the top right corner (the Complex and Loud corner of the X-Y controller), and the pattern gets far more interesting.

'Jersey Shore' Star Loses 'Fitchuation' Lawsuit to Abercrombie & Fitch

Mike "The Situation" Sorrentino
Here's "The Situation," or Jersey Shore's Mike Sorrentino, who sued Abercrombie & Fitch when the clothing retailer came out with a T-shirt bearing the phrase "The Fitchuation" and also offered in a press release to pay $10,000 if Sorrentino would not wear A&F clothing on the show.

Here's the outcome, as Sorrentino has now lost his lawsuit that alleged that A&F had committed trademark infringement, unfair competition, false advertising, injury to business reputation and misappropriation of likeness.

A Florida federal judge just granted A&F summary judgment, while shooting down each of Sorrentino's claims.

PHOTOS: The Quotable Situation

Sorrentino might have given himself the the nickname "The Situation" because his abs were rock-hard, but U.S. District Judge John O'Sullivan finds his trademark claim over T-shirts to be soft and flabby. Here's the full ruling.

The judge writes, "Although the word 'situation' is not a word that was coined or made up by the plaintiffs, or a word that is obsolete, totally unknown in the language or out of common usage, the Court can discern no relationship between the word 'situation' and the apparel or entertainment services that the plaintiffs provide."

Analyzing other factors including the similarity of "The Situation" to "Fitchuation," Sorrentino fares no better.

"The T-shirt expresses 'The Fitchuation' visually and phonetically different than 'The Situation,'" writes Judge O'Sullivan. "There is no evidence of A&F 'palming off' its T-shirt as that of the plaintiffs where, as here, the T-shirt has the A&F inside label and prominently uses A&F's own famous trademark 'Fitch' as part of the parody."

STORY: Mike 'The Situation' Sorrentino's Settlement With Ex-Management Firm Hits Bump

The judge also notes that Sorrentino didn't offer "Situation" apparel until A&F did so, that Sorrentino doesn't sell his products in retail stores and that the plaintiff hasn't produced any evidence of actual confusion among consumers. As for what A&F had in mind, it's noted that an intent to parody doesn't equal an intent to confuse the public.

The Florida court also determines that A&F had a fair use right to make fun of Sorrentino in a press release. In fact, this press release is determined not to be an advertisement.

"A&F used only so much of the plaintiff's name as was reasonably necessary to respond to his wearing A&F's brand on The Jersey Shore, and did not do anything that would suggest Sorrentino's sponsorship or endorsement" writes Judge O'Sullivan. "A&F's press release expressly disassociated Sorrentino from A&F, and the plaintiffs have conceded that no third party has expressed any confusion that the press release rejecting Sorrentino's image somehow suggested sponsorship or endorsement by Sorrentino."

So much for reverse psychology in marketing. In analyzing Sorrentino's publicity rights claim, the judge won't even entertain the "hearsay" of news articles and Facebook comments that speculated the press release was a publicity stunt. And in looking at Sorrentino's false advertising claim, the judge says there isn't anything false about it.

Yes, Sorrentino could have accepted $10,000. As the judge notes, "A&F's offer of money for Sorrentino not to wear its brand is a statement of fact, but is undisputedly true."

 

'Jersey Shore' Star Loses 'Fitchuation' Lawsuit to Abercrombie & Fitch

Mike "The Situation" Sorrentino

Here's "The Situation," or Jersey Shore's Mike Sorrentino, who sued Abercrombie & Fitch when the clothing retailer came out with a T-shirt bearing the phrase "The Fitchuation" and also offered in a press release to pay $10,000 if Sorrentino would not wear A&F clothing on the show.

Here's the outcome, as Sorrentino has now lost his lawsuit that alleged that A&F had committed trademark infringement, unfair competition, false advertising, injury to business reputation and misappropriation of likeness.

A Florida federal judge just granted A&F summary judgment, while shooting down each of Sorrentino's claims.

PHOTOS: The Quotable Situation

Sorrentino might have given himself the the nickname "The Situation" because his abs were rock-hard, but U.S. District Judge John O'Sullivan finds his trademark claim over T-shirts to be soft and flabby. Here's the full ruling.

The judge writes, "Although the word 'situation' is not a word that was coined or made up by the plaintiffs, or a word that is obsolete, totally unknown in the language or out of common usage, the Court can discern no relationship between the word 'situation' and the apparel or entertainment services that the plaintiffs provide."

Analyzing other factors including the similarity of "The Situation" to "Fitchuation," Sorrentino fares no better.

"The T-shirt expresses 'The Fitchuation' visually and phonetically different than 'The Situation,'" writes Judge O'Sullivan. "There is no evidence of A&F 'palming off' its T-shirt as that of the plaintiffs where, as here, the T-shirt has the A&F inside label and prominently uses A&F's own famous trademark 'Fitch' as part of the parody."

STORY: Mike 'The Situation' Sorrentino's Settlement With Ex-Management Firm Hits Bump

The judge also notes that Sorrentino didn't offer "Situation" apparel until A&F did so, that Sorrentino doesn't sell his products in retail stores and that the plaintiff hasn't produced any evidence of actual confusion among consumers. As for what A&F had in mind, it's noted that an intent to parody doesn't equal an intent to confuse the public.

The Florida court also determines that A&F had a fair use right to make fun of Sorrentino in a press release. In fact, this press release is determined not to be an advertisement.

"A&F used only so much of the plaintiff's name as was reasonably necessary to respond to his wearing A&F's brand on The Jersey Shore, and did not do anything that would suggest Sorrentino's sponsorship or endorsement" writes Judge O'Sullivan. "A&F's press release expressly disassociated Sorrentino from A&F, and the plaintiffs have conceded that no third party has expressed any confusion that the press release rejecting Sorrentino's image somehow suggested sponsorship or endorsement by Sorrentino."

So much for reverse psychology in marketing. In analyzing Sorrentino's publicity rights claim, the judge won't even entertain the "hearsay" of news articles and Facebook comments that speculated the press release was a publicity stunt. And in looking at Sorrentino's false advertising claim, the judge says there isn't anything false about it.

Yes, Sorrentino could have accepted $10,000. As the judge notes, "A&F's offer of money for Sorrentino not to wear its brand is a statement of fact, but is undisputedly true."

Steve Martin Loses Wallet, Stranger Returns It

If you lose your wallet, sometimes a stranger will find it and return it to you -- if you're Steve Martin.

The comedian and bluegrass musician lost his wallet while bicycling in Wilkes-Barre, Pa. earlier this week. A man working on a city street found it and returned it to him, The Associated Press reports.

STORY: Steve Martin, Wife Anne Stringfield Welcome First Child

The man knew Martin was performing in town, so he contacted the concert hall to say he'd found his wallet, according to the hall's programming director.

The wallet contained Martin's driver's license and credit cards but no cash. Martin insisted on thanking the good Samaritan in person, the programming director told the AP.

Martin later took to his Twitter account to praise the anonymous man, writing "An honest man is found in Wilkes-Barre! Thank you, sir!"

He also gave the man a shout-out during Tuesday night's show.

"I had a great bit of fortune in your city today," he said, referring to his wallet being returned, according to The Scranton Times-Tribune. "I didn't even have a joke for him. I said, 'Oh, thank you.' "

"So thank you Wilkes-Barre. My impression of Wilkes-Barre is everyone is 100 percent honest, all of the time."

Envoy says U.S. loses trust in Hong Kong after Snowden

HONG KONG - The top U.S. diplomat in Hong Kong warned on Thursday of a "big struggle" ahead to repair Washington's trust in the semi-autonomous Chinese territory after the flight of fugitive spy agency contractor Edward Snowden.
Speaking publicly for the first time since Snowden flew from Hong Kong to Moscow on Sunday despite a U.S. request to hold him to face charges of espionage, Consul General Stephen Young told Reuters that Washington's confidence was "shaken".

"My point is simple - I've spent three years working for good relationship between Hong Kong and the U.S. and we've had a loss of trust at this point," said Young, who is due to retire later this year.

Re-building that trust, he said, "is not going to be easy because you have President (Barack) Obama's administration just starting its second term so it is not like you can say: 'We'll wait for these guys to change'."

Young did not specify how any deterioration in ties would play out but added: "I'll say specifically in law enforcement co-operation - where we have a whole series of agreements, and protocols and practices - our confidence has been shaken."

The United States and Hong Kong have enjoyed strong ties under the "one country, two systems" system that has underpinned the former British colony since it was handed over to China 16 years ago.

U.S. multinationals have a strong presence in the city while U.S. warships are frequent visitors to its highly-strategic port on the South China Sea.

Young had repeatedly praised Hong Kong officials and the strength of their ties with the United States in recent speeches, before Snowden's revelations about the scope of Washington's electronic surveillance systems.

In Washington, officials have admonished China for letting Snowden escape, but Young said he was not so worried about the broader U.S.-China relationship, given its importance and opportunities for dialogue.

"But in U.S.-Hong Kong terms, it is a bigger struggle because people in Washington don't usually wake up thinking of Hong Kong but now they do, and it is in a negative sense," he said.

Young's comments come as Hong Kong and Washington officials continue a war of words over the back-room maneuvering ahead of Snowden's departure.

U.S. Department of Justice officials have accused Hong Kong of having feigned confusion over Snowden's middle name to avoid detaining him before he fled to Russia.

They were responding to statements from Hong Kong's Secretary for Justice Rimsky Yuen that his officials had to wait for clarification of Snowden's middle name and passport number in U.S. documents before detaining him at Washington's request.

The U.S. authorities used the middle name James in some documents for Snowden, while a U.S. Justice Department document referred to him as Edward J. Snowden, Yuen said.

But Hong Kong immigration records showed Snowden's name as "Edward Joseph Snowden."

"These three names weren't completely the same, so we felt that there was a need for clarification. Otherwise when we issued the provisional arrest warrant, it could have caused legal problems," Yuen said.

Before any clarification could be given, Snowden left. He has asked Ecuador for asylum and is now in a transit area of Moscow's Sheremetyevo airport.

Follow me on Twitter @sajilpl

Paula Deen loses two major deals

Paula Dean in happier times. Her recent racial slur controversy has given the celebrity chef little to smile about.

In the latest blow, Walmart (WMT, Fortune 500), the world's largest retailer announced late Wednesday that it cut its ties to the embattled cooking star.

"We are ending our relationship with Paula Deen Enterprises and we will not place new orders beyond those already committed. We will work with suppliers to address existing inventories and agreements."

Walmart sold Paula Deen branded baked goods, cookware, dishware and kitchen appliances. This news comes on the heels of an announcement made by Caesars Entertainment Corporation Wednesday morning that it too will end its relationship with Deen.

Caesars (CZR, Fortune 500) operates Paula Deen-themed restaurants at four of its casinos: Horseshoe Southern Indiana, Harrah's Tunica in Mississippi, Harrah's Joliet in Illinois and Harrah's Cherokee in North Carolina.

"While we appreciate Paula's sincere apologies for statements she made in her past ... we have mutually decided that it is in the best interests of both parties to part ways at this time," said Jan Jones Blackhurst, executive vice president of communications and government affairs for Caesars Entertainment.

Related: Orders for Paula Deen cookbook surge

Deen's troubles began when almost two weeks ago when a deposition in a discrimination lawsuit was released in which she admitted using the n-word in the past. Dean has insisted she does not tolerate prejudice, but her apologies have failed to suppress the controversy.

Last week the Food Network said it wouldn't renew Deen's contract when it expires at the end of the month. Pork producer Smithfield Foods, with a line of Deen-branded hams, dropped her as a spokeswoman on Monday.

Twitter: @sajilpl

Federer Loses In Wimbledon's Second Round As Upsets Continue

Seven-time Wimbledon champion Roger Federer leaves the court Wednesday, after losing in the second round to Ukraine's Sergiy Stakhovsky.

Roger Federer, who last year won his seventh Wimbledon title, is out of the 2013 tournament after falling to Ukrainian Sergei Stakhovsky, 6-7, 7-6, 7-5, 7-6. The upset comes two days after Rafael Nadal, who was in the same side of the bracket as Federer, was upset in the first round.

Sergiy Stakhovsky is ranked No. 116 in the world. Federer is ranked No. 3 in the world. The victory is Stakhovsky's first against an opponent ranked in the top 10.

And the women's No. 3 seed, Maria Sharapova, was also bounced Wednesday, falling to Portugal's Michelle Larcher de Brito 6-3, 6-4 in the second round. Sharapova fell at least twice on the court today, blaming her slips on the condition of the grass court's surface.

As for Federer, he said after his loss on the All England Club's Centre Court, "It was clearly not what I was hoping for."

That's according to USA Today
, which quotes Stakhovsky calling his win "magic," adding, "I couldn't play any better today."
Federer's loss marks the first time he has failed to advance to a Grand Slam quarterfinal since the 2004 Wimbledon tournament, according to a release from the All England Club.

The top seeds have suffered at this year's Wimbledon. Earlier Wednesday, women's No. 2 seed Victoria Azarenka quit the tournament, citing a knee injury.

But the two No. 1 seeds, Novak Djokovic and Serena Williams, have had little trouble. And men's No. 2 Andy Murray now finds himself atop a bracket he once shared with Federer and Nadal.

 

TV Pilot Production Increases as California Loses Market Share: Study

More TV pilots than ever are being made, while production continues to spread to more places,  according to an annual survey by Film L.A.

There were 186 pilots shot for broadcast and cable TV during the 2012-13 development cycle (January-April) -- the most ever.

PHOTOS: The Faces of Pilot Season 2013

Of those, 96 were shot in L.A., the second-largest tally in history. From Jan. 1-June 10, permitted production days for pilots were up almost 40 percent compared to last year.

The bad news, however, is that L.A.’s share of the market fell to 52 percent, the second-lowest on record, down from 82 percent in 2006-07.

“The scary thing for the Los Angeles region,” says Paul Audley, president of Film L.A., ”is we continue to lose ground in our share of work to other states and countries.”

Drama pilots in particular went elsewhere. L.A. had 83 percent of comedy pilots (down from 91 percent last year) but only 22 percent of drama pilots (down from 28 percent last year and 63 percent in 2006-07).

“Comedy has traditionally stuck around Los Angeles,” says Audley, “because the turnaround time on writing for comedy is so short. They are writing up to the time of filming frequently, while dramas have a greater lead time. Comedies are also less expensive to shoot, so the incentives don’t have as much impact.”

The average cost for a half-hour comedy pilot is $2 million, according to the study, while a drama costs $5.5 million for an hour.

Film L.A. estimates that about $277.8 million was spent on TV pilot production in Los Angeles during the most recent development cycle, up from $262 million last year. That is about 39 percent of the total spent by all producers in all locations. In the same period last year, L.A. had about 40 percent of the spend.

“Drama producers use incentives to offset the increased cost of long-distance production,” says the study, “while affording higher-end production values. Often this means financial concerns trump creative concerns when deciding where to shoot.”

During the past three pilot seasons, drama pilots were filmed outside L.A. by a ratio of more than 2-to-1. In the 2012-13 cycle, the ratio was closer to 4-to-1.

“Dramas are highly lucrative,” adds Audley. “States are fighting to get those television dramas and keep them. We continue to lose ground substantially in that area.”

After L.A. (96 pilots) the top production locations were New York (19), Vancouver (15), Atlanta (nine) and Toronto (six), followed by Chicago and New Orleans (five each). All offer greater production incentives than California.

This marks a surge for Atlanta, which passed Toronto for the first time thanks to Georgia’s generous tax incentives, new studio facilities, efforts to train crews and the growing activity of Tyler Perry.

PHOTOS: Summer TV Preview: 51 New and Returning Series

“Atlanta sees itself as a future production center and is really working hard to entice (productions) with money and new facilities,” says Audley. “They have been successful this year.”

One consideration, says the study, is where the comedy or drama is supposed to be set. While L.A. often subs for other places, New York and Chicago mostly play themselves. New York is often used in place of Washington, D.C.

Digital distributors like Netflix and Amazon represent a small but growing part of the total. One difference is that like many cable TV networks, the emerging digital players create pilots throughout the year.

There are real consequences to these location shifts as shown by an additional study done by Film L.A., which analyzed new and continuing pickups of series on broadcast networks during primetime for 2010-11, 2011-12, 2012-13 and 2013-14.

At the beginning of the 2012-13 season, there were 47 L.A.-based shows on broadcast (18 dramas, 29 comedies). There also were 24 shows shot elsewhere (23 dramas, one comedy). “Last year,” says the study, “marked the first time during Film L.A.’s ongoing study in which L.A. accounted for less than 50 percent of network screen time devoted to primetime scripted drama.”

Audley is frustrated by the California incentive plan, which serves up $100 million annually but does not come close to meeting the demand. That law, he notes, does not even include incentives for broadcast network or premium cable series – unless they are returning to the state after shooting elsewhere for at least one full season.

He says California is shortsighted and as a result is losing one of its most important industries.

“If the pilots go, that means the shows will also go elsewhere,” says Audley, “and that’s tens of thousands of jobs and hundreds of millions if not billions of dollars being spent outside of California.”

Film L.A. is a nonprofit organization that coordinates permits for filmed entertainment shot on location in Los Angeles and L.A. County.

 

Paula Deen Loses Ham Endorsement Deal Amid 'N-Word' Controversy

Paula Deen is facing yet another casualty of her "n-word" scandal.

The former Food Network chef has lost her endorsement deal with pork company Smithfield, which for many years has sold a ham with Deen’s name and face on it.

PHOTOS: Hollywood's Memorable Mea Culpas

“Smithfield condemns the use of offensive and discriminatory language and behavior of any kind,” the company said in a statement. “Therefore, we are terminating our partnership with Paula Deen. Smithfield is determined to be an ethical food industry leader, and it is important that our values and those of our spokespeople are properly alligned.”

The split comes in the wake of Deen’s sworn deposition, in which she admitted to using "the n-word” in the past. Deen and her brother are being sued by a former employee for creating a hostile work environment, including racial slurs, in their Savannah, Ga., eateries.

Deen since has released multiple public apologies and is scheduled to appear on the Today show this week, where she will be interviewed by Matt Lauer.

 

Nadal loses to 135th-ranked player at Wimbledon

LONDON — In one of Wimbledon’s greatest upsets, an ailing Rafael Nadal was knocked out in straight sets Monday by a player ranked 135th — the Spaniard’s first loss in the opening round of a Grand Slam event.

Steve Darcis of Belgium stunned the two-time champion 7-6 (4), 7-6 (8), 6-4. He ended Nadal’s 22-match winning streak and eliminated one of the Big Four of men’s tennis on the very first day of the grass-court Grand Slam.

Nadal was sidelined for seven months with a left knee injury after losing in the second round of Wimbledon last year. He seemed to be struggling physically. He was unable to turn on the speed or use his legs to spring into his groundstrokes, limping and failing to run for some shots.

Darcis was as surprised as everyone else with the result.

“Rafa Nadal didn’t play his best tennis today,” the 29-year-old Belgian said. “The first match on grass is always difficult. It’s his first one. Of course, it’s a big win. I tried to come to the net as soon as I could, not play too far from the baseline. I think it worked pretty good today.”

Nadal was coming off his eighth championship at the French Open last month but, on this day, he never looked like the player who has won 12 Grand Slam titles and established himself as one of the greatest players of his generation.

It’s the second straight early Wimbledon exit for Nadal, who was ousted in the second round last year by 100th-ranked Lukas Rosol.

After that loss, Nadal took the rest of the year off to recover from the knee problem. Since returning to action this year, he had made it to the finals of all nine tournaments he entered, winning seven.

After winning the French Open, Nadal pulled out of a grass-court tuneup in Halle, Germany. He came to Wimbledon without any serious grass-court preparation.

Darcis is the lowest ranked player to beat Nadal at any tournament since Joachim Johansson — ranked No. 690 — defeated the Spaniard in 2006 in Stockholm.

Gustavo Kuerten, in 1997, was the last reigning French Open champion to lose in the first round at Wimbledon.

Darcis, who had won only one previous match at Wimbledon, played the match of his life Monday, going for his shots and moving Nadal from corner to corner. Darcis amassed a total of 53 winners, compared with 32 for Nadal.

Darcis finished the match in style, serving an ace down the middle — his 13th — as Nadal failed to chase after the ball.

Earlier, Roger Federer began his bid for a record eighth title at the All England Club with the same dominance that has defined his grass-court greatness.

Ten years after his first Wimbledon championship, Federer opened the tournament on Centre Court as defending champion and looked right as home as he dismantled Victor Hanescu of Romania 6-3, 6-2, 6-0.

This was a grass-court clinic from Federer that lasted 68 minutes. He had 32 winners, seven aces and just six unforced errors.

He won 90 percent of the points when he put his first serve in. When his serve is clicking, Federer usually is unbeatable. On this day, he won his first 15 service points and 24 out of the first 25.

“I’m happy to get out of there early and quickly,” Federer said. “So it was a perfect day.”

Earlier, Wimbledon produced an upset in the women’s draw with fifth-seeded Sara Errani eliminated by Puerto Rican teenager Monica Puig 6-3, 6-2.

Second-seeded Victoria Azarenka overcame a right knee injury from a scary fall beating Maria Joao Koehler of Portugal 6-1, 6-2.

 

Rafael Nadal Loses In First-Round Upset At Wimbledon

Steve Darcis of Belgium, left, shakes hands with Rafael Nadal of Spain Monday, after winning their first-round match at the Wimbledon Lawn Tennis Championships at the All England Lawn Tennis and Croquet Club.

 Steve Darcis of Belgium, left, shakes hands with Rafael Nadal of Spain Monday, after winning their first-round match at the Wimbledon Lawn Tennis Championships at the All England Lawn Tennis and Croquet Club.


Rafael Nadal has been bounced from Wimbledon, after being dismissed in three sets by Belgium's Steve Darcis, who is ranked No. 135 in the world. Nadal's upset loss by 7-6(4), 7-6(8), 6-4 stunned tennis fans, shook up the men's bracket, and raised questions about the Spanish star's health.

Nadal, 27, has been hampered by knee problems in recent years. But he refused to blame Monday's loss — his first ever in a Grand Slam tournament's opening round — on a possible injury. He struggled with his backhand Monday and never took control of a match that lasted nearly three hours.

By contrast, Darcis played well from the start, with an effective serve and slicing shots that gave Nadal trouble.

Another factor in the match may have been Nadal's comfort level playing on grass. After winning the clay-court French Open earlier this month, Nadal didn't play in any of the grass-court tournaments many players use to adjust to the surface.

"Rafa Nadal didn't play his best tennis today," Darcis said after his win. "The first match on grass is always difficult. It's his first one. Of course, it's a big win. I tried to come to the net as soon as I could, not play too far from the baseline. I think it worked pretty good today."

Calling it "a well-deserved victory for Darcis," ESPN commentator Patrick McEnroe noted that Nadal is sometimes seen as vulnerable early in tournaments, particularly on grass. And he noted that Nadal's knee didn't seem to be an issue until late in the match.

Asked about his fitness after the loss, Nadal instead took the opportunity to congratulate Darcis for playing well. He told reporters, "This is not the time to talk about these sort of things. I don't want to talk about my knee."

"I tried my best out there in every moment. It was not possible for me," Nadal said. "It is not a tragedy."

If he had advanced as many expected, Nadal would have been on track to meet seven-time champion Roger Federer in the quarterfinals. Federer, who defeated Scotland's Andy Murray for last year's title, won his first match of the 2013 tournament by beating Victor Hanescu in three sets.

Because Nadal was seeded fifth at Wimbledon — a slot that matches his current world ranking — the Spaniard was placed in the same side of the bracket with Federer and Murray, leaving world No. 1 Novak Djokovic to contend with No. 4 seed David Ferrer, among others.

A two-time winner at Wimbledon and an eight-time champion at the French Open, Nadal was also upset last year at the All England Club, in Wimbledon's second round. After that loss, he took the rest of the tennis season off to recuperate his knee.

"Last year I played here because it is a tournament that I love, but I was not ready to play," Nadal said the day before his match with Darcis. "After Roland Garros I felt that my knee was not there anymore. After here I was not able to complete in one more tournament during the rest of the season."