Dotcom says new site legal, no revenge for Megaupload saga

AUCKLAND (Reuters) – Kim Dotcom, founder of outlawed file-sharing website Megaupload, said his new “cyberlocker” was not revenge on U.S. authorities who planned a raid on his home, closed Megaupload and charged him with online piracy for which he faces jail if found guilty.

Dotcom said his new offering, Mega.co.nz, which will launch on Sunday even as he and three colleagues await extradition from New Zealand to the United States, complied with the law and warned that attempts to take it down would be futile.

“This is not some kind of finger to the U.S. government or to Hollywood,” Dotcom told Reuters at his sprawling estate in the bucolic hills of Coatesville, just outside Auckland, New Zealand, a country known more for sheep, rugby and the Hobbit than flamboyant tech tycoons.

“Legally, there’s just nothing there that could be used to shut us down. This site is just as legitimate and has the right to exist as Dropbox, Boxnet and other competitors,” he said, referring to other popular cloud storage services.

His lawyer, Ira Rothken, added that launching the site was compliant with the terms of Dotcom’s bail conditions. U.S. prosecutors argue that Dotcom in a statement said he had no intention of starting a new internet business until his extradition was resolved.

CODES AND KEYS

Dotcom said Mega was a different beast to Megaupload, as the new site enables users to control exactly which users can access uploaded files, in contrast to its predecessor, which allowed users to search files, some of which contained copyrighted content allegedly without permission.

A sophisticated encryption system will allow users to encode their files before they upload them on to the site’s servers, which Dotcom said were located in New Zealand and overseas.

Each file will then be issued a unique, sophisticated decryption key which only the file holder will control, allowing them to share the file as they choose.

As a result, the site’s operators would have no access to the files, which they say would strip them from any possible liability for knowingly enabling users to distribute copyright-infringing content, which Washington says is illegal.

“Even if we wanted to, we can’t go into your file and snoop and see what you have in there,” the burly Dotcom said.

Dotcom said Mega would comply with orders from copyright holders to remove infringing material, which will afford it the “safe harbor” legal provision, which minimizes liability on the condition that a party acted in good faith to comply.

But some legal experts say it may be difficult to claim the protection if they do not know what users have stored.

The Motion Pictures Association of America said encrypting files alone would not protect Dotcom from liability.

“We’ll reserve final judgment until we have a chance to analyze the new project,” a spokesman told Reuters. “But given Kim Dotcom’s history, count us as skeptical.”

The German national, who also goes by Kim Schmitz, expects huge interest in its first month of operation, which would be a far cry from when Megaupload went live in 2005.

“I would be surprised if we had less than one million users,” Dotcom said.

A YEAR ON

Mega’s launch starts the next chapter of the Dotcom narrative, dotted with previous cyber crime-related arrests and whose twists and turns have been scrutinized by all facets of the entertainment industry, from film studios and record labels to internet service companies and teenage gamers.

The copyright infringement case, billed as the largest to date given that Megaupload in its heyday commanded around four percent of global online traffic, could set a precedent for internet liability laws and depending on its outcome, may force entertainment companies to rethink their distribution methods.

A year on, the extradition hearing has been delayed until August, complicated by illegal arrest warrants and the New Zealand government’s admission that it had illegally spied on Dotcom, who has residency status in the country.

Last January, New Zealand’s elite special tactics forces landed by helicopter at dawn in the grounds of Dotcom’s mansion, worth roughly NZ$ 30 million ($ 25.05 million) and featuring a servants’ wing, hedge maze and life-size statues of giraffes and a rhinoceros, to arrest him and his colleagues at the request of the FBI.

Police armed with semi-automatic weapons found Dotcom cowering alone in a panic room in the attic, while outside, a convoy of police cars and vans pulled up in the driveway. Around 70 officers took part in the raid.

They left with computers, files and some of Dotcom’s fleet of Rolls-Royces, Mercedes and a vintage pink Cadillac tricked with personalized license plates screaming “HACKER”, “EVIL”, and “MAFIA”.

“Every time you hear a helicopter, you automatically think, ‘Oh, another raid’, so it’s something that stays with you for a long time,” said Dotcom, who says he and his wife still panic when they hear sudden, loud noises in the house.

Dotcom was coy about the details of the launch party as builders put the finishing touches to a festival-sized concert stage in the mansion’s grounds, while two helicopters circled overhead.

But if the impromptu, Willy Wonka-styled ice cream social he threw in Auckland earlier in the week is any indication, the party could be a more wholesome affair compared with the well-documented soirees of Dotcom’s past, where nightclubs, hot tubs and scantily clad women were a common fixture.

“I had to grow up, you know, I was a big baby,” he said. “Big baby with too much money usually leads to baby craziness.

“I am going to be more of a person that wants to help to make things better and help internet innovation to take off without all these restrictions by governments. That is going to be my primary goal if this business is successful.”

($ 1 = NZ$ 1.2)

(Editing by Daniel Magnowski and Nick Macfie)

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Lena Dunham, Mindy Kaling Score Celeb Followers on Twitter

Want to get a celebrity following on Twitter? It's easy – just make 'em laugh.

Stars at the Golden Globes recently admitted that humor is what gets them to follow someone on Twitter, with Modern Family writer/executive producer Danny Zuker and Mindy Kaling scoring follows from celebs.

"I'm bad at knowing who I'm following. I recognize people from the color of their clothes and their avatar," Modern Family's Eric Stonestreet admitted. "There's some girl in a blue dress and a blue hat that's cracking me up right now." (A quick look at his account makes us think it's self-described "freelance rapper" Amber.

For Zooey Deschanel, Girls star Lena Dunham and New Girl costar Max Greenfield fill her Twitter feed.

Check out which other funny accounts have stars all a-twitter (ha!) and don't forget to follow PEOPLE on Twitter. (And while you're there, check out one of our favorite funny guys, George Takei.)

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Flu remains widespread in US; eases in some areas

Nine more children or teens have died of the flu, bringing the nation's total this flu season to 29, health officials reported Friday.

In a typical season, about 100 children die of the flu, so it is not known whether this year will be better or worse than usual.

So far, half of confirmed flu cases are in people 65 and older, the Centers for Disease Control and Prevention reported.

This year's season is earlier than normal and the dominant flu strain is one that tends to make people sicker. The flu is widespread in all states but Tennessee and Hawaii and is starting to ease in some areas, the CDC said.

Health officials say it's not too late to get a flu shot to help protect against the flu. Vaccinations are recommended for anyone 6 months or older.

Last week, the CDC said the flu again surpassed an "epidemic" threshold, based on monitoring of deaths from flu and a frequent complication, pneumonia. The flu epidemic happens every year and officials say this year's vaccine is a good match for strains that are going around.

The government doesn't keep a running tally of adult deaths from the flu, but estimates that it kills about 24,000 people most years.

___

Online:

CDC flu: http://www.cdc.gov/flu/index.htm

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Wall Street edges lower after disappointing Intel results

NEW YORK (Reuters) - Stocks edged lower on Friday from a five-year high for the S&P 500 as a weak outlook from tech heavyweight Intel offset a better-than-expected quarterly profit at Morgan Stanley.

But the S&P 500 was still on track to end higher for a third consecutive week.

Shares of Intel Corp slumped nearly 7 percent to $21.11 a day after it forecast quarterly revenue below analysts' estimates and announced plans for increased capital spending amid slow demand for personal computers.

"Intel earnings weren't that bad, although their revenue was weak. It sparks fears about not only the company but about the whole PC sector, and that's pressuring the market today," said Tim Ghriskey, chief investment officer of Solaris Group in Bedford Hills, New York.

The Intel results were offset somewhat by Morgan Stanley , which reported a fourth-quarter profit after a year-earlier loss, helped by higher revenue at the bank's institutional securities business. Its stock jumped 7.4 percent to $22.29.

Overall, S&P 500 fourth-quarter earnings rose an estimated 2.5 percent, according to Thomson Reuters data. Expectations for the quarter have dropped considerably since October, when a 9.9 percent gain was estimated.

The Dow Jones industrial average <.dji> was down 15.17 points, or 0.11 percent, at 13,580.85. The Standard & Poor's 500 Index <.spx> was down 3.51 points, or 0.24 percent, at 1,477.43. The Nasdaq Composite Index <.ixic> was down 13.98 points, or 0.45 percent, at 3,122.03.

On Thursday, the S&P 500 rose to its highest since late 2007, and that could prompt investors to lock in recent gains, analysts said.

Despite the day's decline, market sentiment was still positive on speculation that chances were better of avoiding a debt ceiling fight in Washington. House Republicans signaled on Thursday they might support a short-term extension of U.S. borrowing authority next month.

"The debt ceiling issue is sort of out of the news. The market has definitely become complacent. And we all know that the issue will be dealt with, we just need to find out when. If December is any guide, they are going to leave it up to the last minute so the market is definitely more complacent than it should be for now," Ghriskey said.

Reflecting the complacency, the CBOE Volatility index <.vix>, Wall Street's so-called fear gauge, fell 4.1 percent at just above 13. The VIX usually moves inversely to the S&P 500 as it is used as a hedge tool against further market decline.

Economic data from China provided some support to the market, though the focus remained on U.S. corporate earnings. The country's economy grew at a modestly faster-than-expected 7.9 percent in the fourth quarter, the latest sign the world's second-biggest economy was pulling out of a post-global financial crisis slowdown which saw it grow in 2012 at its weakest pace since 1999.

General Electric reported a better-than-expected rise in earnings, spurred by robust demand in China and oil-producing countries. Shares were up 2.9 percent to $21.92.

Despite the gains by Morgan Stanley, financial stocks sagged as Capital One Financial reported disappointing profit. Capital One slumped 7.7 percent to $56.87, while the KBW bank index <.bkx> slipped 0.9 percent.

Research In Motion climbed 6.6 percent to $15.91 after Jefferies Group boosted the BlackBerry maker's rating and price target.

(Editing by Bernadette Baum, Kenneth Barry and Nick Zieminski)

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IHT Rendezvous: How Far Will Europeans Support France's Counter-Jihad?

LONDON — It did not require a crystal ball to foresee, as Rendezvous did in our 2013 preview, that Mali would be in the news and that France might be the first to intervene there to counter a perceived terrorist threat to Europe.

Less predictable, however, is the extent to which the French can rely on the support of their European allies now that they have decided to go it alone.

The crisis had been building for the best part of a year since mutinous soldiers staged a coup in Bamako, the Malian capital, last March, and separatist Tuareg tribesmen took the opportunity to seize the north of the country. The tribesmen were quickly pushed aside by radical Islamists, including those behind this week’s hostage-taking in neighboring Algeria.

They were poised to extend their rule this month beyond the two-thirds of the country they already control when the French stepped in at the request of the Bamako government.

As early as last April, Alain Juppé, the then French foreign minister, was warning of the “extremely grave threat” posed by the Qaeda-linked insurgents and their aim of establishing a jihadist regime in northern Mali.

In early September, António Guterres, the United Nations High Commissioner for Refugees, was telling readers of the IHT:

If unchecked, the Mali crisis threatens to create an arc of instability extending west into Mauritania and east through Niger, Chad and Sudan to the Horn of Africa and the Gulf of Aden, characterized by extended spaces where state authority is weak and pockets of territorial control are exercised by transnational criminals.

So, did the international community, and Europe in particular, react too slowly to the escalating crisis? Or has France acted precipitously in opting for a military solution to contain the threat?

David Rohde writes elsewhere on Rendezvous that regional experts believe the French had to act.

But, as French troops launched ground operations this week in support of local forces, how far are France’s European allies prepared to be sucked into a potential Malian quagmire?

Germany, Denmark and Britain are among European Union partners that have offered logistical support in Mali.

However, as David Cameron, the British prime minister, assured Parliament when he announced the offer of transport aircraft to assist the French mission, there was no question of putting British boots on the ground.

The government of Chancellor Angela Merkel is being even more cautious, limiting its assistance to supplying planes to airlift African troops from the regional ECOWAS alliance.

“Under no circumstances does Germany want to become involved in a messy conflict with no clear end in sight,” Germany’s Der Spiegel commented, “particularly not in an election year.”

Germany held out against intervention in Libya in 2011, eventually spearheaded by France and Britain, siding with Russia in a crucial United Nations vote in defiance of its European allies.

Libya underlined the lack of a common foreign policy, let alone a common defense policy, among the 27 European partners who now face a new crisis in North Africa.

Facing recriminations from some in France that it was only its soldiers who were doing the fighting, European foreign ministers agreed on Thursday to speed up the dispatch of more than 200 military personnel to train Malian government forces to confront the Islamists.

But that was an option that had been on the table since October, when European Union officials said the alliance was considering such a move.

The E.U. also stressed that the trainers, due to be deployed by mid-February at the latest, would not be involved in combat operations.

Commenting on the outcome of Thursday’s meeting, Christophe Giltay of Belgium’s RTL broadcaster, said, “More and more French people are asking themselves if the Europeans have really understood the gravity of the situation.”

Alexandra de Hoop Scheffer and Martin Michelot of the Washington-based German Marshall Fund of the United States wrote this week that “the glacial pace at which decisions are taken at the national level to support France’s efforts in Mali only underscores the need for European leaders to be willing to discuss common security issues.”

Catherine Ashton, the European Union foreign policy chief, said on Thursday some of France’s partners were “willing to help and support France in every way and they did not rule in or rule out any aspect of that, including military support.”

But, according to the German Marshall Fund experts: “The French military is nevertheless facing the hard reality of acting on its own, with very little support from other European allies.”

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Mindy McCready's Troubled Life in 5 Clicks

From country music success to a battle with addictions and a penchant for self-harm, retrace how the singer's life has unraveled

Credit: Fred Prouser/Reuters/Landov

Updated: Wednesday Jan 16, 2013 | 06:00 PM EST
By: Mike Fleeman

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Study: NYC better than LA at cutting kids' obesity

NEW YORK (AP) — A new study shows New York City is doing better than Los Angeles in the battle against childhood obesity, at least for low-income children.

From 2003 to 2011, obesity rates for poor children dropped in New York to around 16 percent. But they rose in Los Angeles and ended at about 20 percent.

The researchers focused on children ages 3 and 4 enrolled in a government program that provides food and other services to women and their young children.

The Centers for Disease Control and Prevention released the study Thursday.

The authors noted that the Los Angeles program has many more Mexican-American kids. Obesity is more common in Mexican-American boys than in white or black kids.

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Economy, eBay profit lift Wall Street to five-year high

NEW YORK (Reuters) - Wall Street rose on Thursday, with the S&P 500 hitting a five-year intraday high, on improved housing and jobs data as well as better-than-expected results from online marketplace eBay .

The data showed the number of Americans filing new claims for unemployment benefits fell to a five-year low last week, while groundbreaking for homes rose to the fastest pace in four years last month.

Strength in the housing and labor markets is key to sustained growth and higher corporate profits. Job market improvement helps boost consumer spending while a recovery in housing means more purchases of appliances, furniture and other household goods as well as a source of employment.

"The unemployment claims were nice, the housing starts were nice, so that is positive for us. There are some good positive vibes out there," said Harry Clark, chief executive of Clark Capital Management Group in Philadelphia.

The Dow Jones industrial average <.dji> gained 69.83 points, or 0.52 percent, to 13,581.06. The Standard & Poor's 500 Index <.spx> added 7.31 points, or 0.50 percent, to 1,479.94. The Nasdaq Composite Index <.ixic> rose 17.74 points, or 0.57 percent, to 3,135.29.

PulteGroup Inc shares gained 2.4 percent to $19.81 and Toll Brothers Inc advanced 1.9 percent to $35.56. The PHLX housing sector index <.hgx> climbed 1.5 percent.

EBay's shares rose 3 percent to $54.51 a day after it reported holiday quarter results that just beat Wall Street expectations. It gave a 2013 forecast that was within analysts' estimates.

The S&P is on track for its third consecutive advance, which pushed the index above an intraday peak set in September to its highest since December 2007.

But gains were tempered by weakness in the financial sector, with Bank of America down 3.4 percent to $11.38 and Citigroup off 2.8 percent to $41.29 after they posted their results.

Bank of America's fourth-quarter profit fell as it took more charges to clean up mortgage-related problems. Citigroup posted $2.32 billion of charges for layoffs and lawsuits, while its new chief executive cautioned the bank needed more time to deal with its problems.

The S&P financial sector index <.spsy> slipped 0.06 percent as the only one of the 10 major S&P sectors to decline.

S&P 500 corporate earnings for the fourth quarter are expected to rise 2.3 percent, Thomson Reuters data showed. Expectations for the quarter have fallen considerably since October when a 9.9 percent gain was estimated.

With investors anticipating the current earnings season to be lackluster, their focus will be on the corporate earnings outlook for the months ahead, analysts said.

Shares of Boeing extended recent declines after the United States and other countries grounded the company's new 787 Dreamliner after a second incident involving battery failure. Boeing slipped 0.8 percent to $73.77 and is down 1.7 percent for the week so far.

(Reporting by Chuck Mikolajczak; Editing by Kenneth Barry)

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Cameron to Outline a Recast European Role for Britain

Weighted down by centuries of entrenched wariness in this island nation toward the Continent — and the knowledge that a gallery of his predecessors as Conservative prime ministers saw their tenures blighted by divisions within the party over the issue — Mr. Cameron is heading for Amsterdam on Friday to set out his vision of a sharply whittled-down role for Britain in the affairs of 21st-century Europe.

The speech in the Netherlands, carefully chosen as a country with a strong historical friendship with Britain, is a watershed moment for Mr. Cameron, and for Britain. It could be a deeply jarring occasion, as well, for other European nations, which have grown increasingly impatient, angry even, with Britain’s policy during the crisis in the euro zone. Some European officials have described as blackmail its use of the crisis — one that Britain, with the pound, has largely escaped — to demand a new, “pick-and-mix” status for itself within the 27-nation European Union.

After months of delay, Mr. Cameron is expected to brush aside the warnings of the Obama administration and European leaders and call for a referendum on whether Britain should remain squarely in Europe or negotiate a more arm’s-length relationship, most likely before the next Parliament’s mandate expires in 2018. In a clamorous House of Commons on Wednesday, the prime minister set out his thinking.

“Millions of people in this country, myself included, want Britain to stay in the European Union,” he said. “But they believe that there are chances to negotiate a better relationship. Throughout Europe, countries are looking at forthcoming treaty change, and asking, ‘What can I do to maximize my national interest?’ That is what the Germans will do. That is what the Spanish will do. That is what the British should do.”

For months, Mr. Cameron has been holding off on a promise to explain just what he wants from Europe. As a reformist Conservative pressing ahead with, among other things, a plan to legalize gay marriage, he has scant common ground with the “little Englanders” in his party, the core of about 100 members who make up a third of its representation in Parliament.

But Mr. Cameron can see votes, too, in the strong anti-Europe currents that run wherever people in Britain gather.

In pubs and bars, on radio and in Parliament itself, talk of the European Union tends to center on the bloc’s real — and, in some cases, apocryphal — abuses: its highhanded, bloated bureaucracy, with nearly 1,000 featherbedded officials earning more than Mr. Cameron’s $230,000 salary as prime minister; its endless proliferation of rules on everything from the length of dog leashes to the shape of carrots; the recent claim by a former high-ranking Cameron aide that government ministers spend 40 percent of their time dealing with the mass of pettifogging European “directives,” many of them widely ignored elsewhere in Europe.

Not only has Mr. Cameron been hemmed in by deep divisions over Europe within the Conservative Party — an issue that helped unseat Edward Heath, Margaret Thatcher and John Major as prime ministers — but he has also been wary of stirring a fresh wave of anger among other European leaders, particularly Chancellor Angela Merkel of Germany, a center-right politician and onetime ally in European councils.

Her aides have described her as frustrated with Mr. Cameron’s maneuvering and, as she is said to see it, his bid to take advantage of other European states as they struggle to save the euro and keep the most debt-laden nations, like Greece, Portugal and Spain, from dropping out of the European Union.

Concern about the reactions in Berlin and Paris prompted a last-minute rescheduling of the Amsterdam speech. Germany and France had protested that the original date, next Monday, might overshadow long-planned celebrations that day of the 50th anniversary of the treaty between them, itself a landmark in the building of postwar Europe, that sealed their reconciliation after the wounds of World War II.

Along with this, commentators say, Mr. Cameron has been recalculating the ways in which the European issue can be managed to bolster the Conservatives’ sagging prospects in a general election expected in 2015, in which polls show them lagging as much as 13 percentage points behind the opposition Labour Party. He has also been contending with heavy lobbying by American officials, including President Obama.

The Americans, diplomats say, have told Mr. Cameron squarely in private what made headlines here last week when a senior State Department official, Philip Gordon, who is assistant secretary for European affairs, spoke on the issue with British reporters. Mr. Gordon said a continued “strong British voice” in an “outward-looking” European Union was in America’s interests, and warned specifically against the referendum on Europe that is an important component in Mr. Cameron’s plans. “Referendums,” Mr. Gordon said, “have often turned countries inward.”

For all his delaying, his aides say, Mr. Cameron is ready now to outline a strategy for renegotiating Britain’s status in the European Union in a way that would keep Britain free from the centralizing forces at work. Other major European states, France and Germany in particular, see a new federal Europe with enhanced powers of fiscal oversight as essential to the long-term survival of the tottering euro.

Alan Cowell contributed reporting from Paris, and Stephen Castle from London.

This article has been revised to reflect the following correction:

Correction: January 17, 2013

An earlier version of this article misstated the year that a referendum approving Britain’s entry into the European Economic Community, the precursor to the European Union, was held. It was 1975, not 1974.

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AT&T Offers $100 Off HSPA+ Nexus 7 for a Limited Time

The Nexus 7, made by Asus in partnership with Google, was the first really successful Android tablet that wasn’t made by a bookseller. It brought the hundreds of thousands of games and apps on Google Play (formerly the Android Market) to a wide audience, and it did so at an unheard-of price point: Only $ 199, for a device packing a Tegra 3 processor which made it much more powerful (and better for gaming) than Amazon‘s Kindle Fire.

When the Nexus 7 launched, it was Wi-Fi only and had as little as 8 GB of storage space. Google and Asus have fixed both of those problems, and from now until Feb. 14, AT&T is offering $ 100 worth of credit towards your wireless bill with the purchase of a new Nexus 7 and the signing of a two-year wireless contract.

The tablet itself

The Nexus 7 isn’t designed as a book-reader, but is more of a competitor to the iPad Mini. It lacks exclusive Amazon services like Amazon Instant Video, and many of the best iPad games and apps either aren’t available for it or aren’t available yet. It has far more games and apps for it than the Kindle, though, and can actually read Kindle books and run games and apps that you previously bought for the Kindle.

Its Tegra 3 processor allows it to play “THD”-enhanced games, which are roughly comparable in graphics quality to modern iPad or Xbox games. Finally, the model that AT&T is offering a discount on has both HSPA+ (a slower version of 4G) wireless Internet and 32 GB of storage, a combination which costs $ 559 on a similarly palm-sized iPad Mini. The Nexus 7 is only $ 299, and that’s before the $ 100 credit.

AT&T’s plans

The cheapest plan available is the $ 10 Mobile Share plan, which allows you to add the tablet to a plan that you already have. The next cheapest is AT&T’s $ 15 plan, which offers only 250 MB per month — okay for occasional email and web surfing, but completely inadequate for streaming videos regularly. Its $ 30 plan offers 3 GB of data, which still won’t stand up to constant Netflix viewing but will hold up much better than the $ 15 one.

What else is there?

The iPad and iPad Mini are also available (and much more expensive) from AT&T, as is a new Lenovo IdeaTab. It’s available for $ 199 off-contract and $ 99 on a two-year contract, but it’s not as fast or powerful as the Nexus 7, can’t play the same games, and has much less storage space.

Finally, if you like the Nexus 7 but aren’t sure you’ll still want it in two years (especially since the hardware is half a year old already), AT&T offers month-to-month wireless plans, which can be canceled at any time without paying an early termination fee. You just won’t get the $ 100 discount unless you sign a two-year contract.

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

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