Friday, November 30, 2012

Reuters: Most Read Articles: Supreme Court to decide if human genes patentable

Reuters: Most Read Articles
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Supreme Court to decide if human genes patentable
Nov 30th 2012, 22:42

By Jonathan Stempel

Fri Nov 30, 2012 5:42pm EST

(Reuters) - The Supreme Court on Friday agreed to decide whether human genes can be patented, a hotly contested issue with broad practical and ethical consequences for the future of gene-based medicine for millions of people worldwide.

The nation's highest court in a brief order agreed to review a case over whether Myriad Genetics Inc may patent two genes linked to hereditary breast and ovarian cancer.

In a 2-1 ruling on August 16, a panel of the U.S. Federal Circuit Court of Appeals in Washington, D.C., upheld the biotechnology company's right to patent "isolated" genes that account for most inherited forms of the two cancers.

That ruling also denied Myriad's effort to patent methods of "comparing" or "analyzing" DNA sequences.

The appeal against Myriad and the University of Utah Research Foundation was being pursued by a variety of medical associations and doctors, led by the Association for Molecular Pathology. Their case is being handled by lawyers for the American Civil Liberties Union.

Myriad shares fell as much as 9 percent after the Supreme Court agreed to hear the appeal and ended the trading session down $1.13, or 3.8 percent, at $28.72 on the Nasdaq.

PLANNING OF MEDICAL CARE

Sandra Park, a lawyer for the ACLU Women's Rights Project who worked on the appeal, in a phone interview called Friday's decision to take the case a "huge step" toward ensuring the provision of needed medical care and research and that patients can access their own genetic information.

She estimated that more than 4,000 of the roughly 22,000 genes in the human genome have U.S. patents.

"For many people, understanding their genetic risk of disease is crucial to planning medical care," she said. "People need to understand that risk so they can plan for screening and other major medical decisions with their doctors."

Supporters of Salt Lake City-based Myriad, in contrast, have said denying patent protection could slow advances in personalized medicine, which uses genetic tests to identify specific therapies for individual patients.

Peter Meldrum, Myriad's chief executive, said in a statement that the Supreme Court's ultimate decision could affect the providing of medical treatment to hundreds of millions of people. He said Myriad's own diagnostic test has helped nearly 1 million people learn about their risk of hereditary cancer.

"The discovery and development of pioneering diagnostics and therapeutics require a huge investment and our U.S. patent system is the engine that drives this innovation," he said.

Many outside groups supported the petitioners, including the AARP, the American Medical Association, the American Society of Human Genetics, the March of Dimes Foundation, the National Breast Cancer Foundation and several women's health groups.

"Some critics say it is unjust to give a company a monopoly over something as intrinsic to people's health as their genes," said Josephine Johnston, a research scholar at The Hastings Center, a independent bioethics research institute in Garrison, New York, who is not involved in the Myriad case.

"From an ethics perspective, one could argue that genes are owned by everybody, and that patenting them amounts to a commodification of an element of the human body," she added.

THE LAWS OF NATURE

The genes in question, BRCA1 and BRCA2, can be used to detect risk of breast and ovarian cancer and aid in treatment options.

Women who test positive using Myriad's gene test, BRACAnalysis, have an 82 percent higher risk of breast cancer and 44 percent higher risk of ovarian cancer in their lifetimes.

But critics said Myriad's patents are illegal, prohibit standard clinical testing of the BRCA1 and BRCA2 genes and restrict scientific research and access to medical care.

The Federal Circuit ruled in Myriad's favor, by the same 2-1 vote, in July 2011.

Eight months later, the Supreme Court unanimously held, in a case involving a blood test developed by Prometheus Laboratories Inc, that companies could not patent observations about natural phenomena.

A week after that decision, the Supreme Court set aside the Myriad ruling and directed the Federal Circuit to revisit the case, leading to the August panel ruling.

"Everything and everyone comes from nature, following its laws, but the compositions here are not natural products," Circuit Judge Alan Lourie wrote for the panel majority in August. "They are the products of man, albeit following, as all materials do, laws of nature."

Circuit Judge William Bryson dissented, saying a ruling for Myriad could pre-empt methods for whole genome sequencing.

THE WHIM OF A COURT

In a brief arguing against the patenting of genes, Dr. James Watson, who helped discover the double helix structure of DNA, said: "DNA's importance flows from its ability to encode and transmit the instructions for creating humans.

"Life's instructions ought not be controlled by legal monopolies created at the whim of Congress or the courts."

In opposing the latest appeal, Myriad said the Federal Circuit applied the correct legal standard and that most of the plaintiffs recruited to join the lawsuit lacked standing.

A decision by the Supreme Court is expected by the end of June.

The case is Association for Molecular Pathology et al v. Myriad Genetics Inc et al, U.S. Supreme Court, No. 12-398.

(Reporting by Jonathan Stempel in New York; Additional reporting by Bill Berkrot and Ransdell Pierson; Editing by Kevin Drawbaugh, Carol Bishopric, Tim Dobbyn and Todd Eastham)

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Reuters: Most Read Articles: U.S. judge refuses to order anti-Muslim film off YouTube

Reuters: Most Read Articles
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U.S. judge refuses to order anti-Muslim film off YouTube
Dec 1st 2012, 06:12

By Steve Gorman

LOS ANGELES | Sat Dec 1, 2012 1:12am EST

LOS ANGELES (Reuters) - An actress who said she was duped into appearing in an anti-Islam film that stoked violent protests against the United States across the Muslim world lost on Friday her second legal bid to force the video off YouTube.

Denying a request by actress Cindy Lee Garcia for a court order requiring the popular online video site to remove the crudely made 13-minute clip, a federal judge found she was unlikely to prevail on her claims of copyright infringement.

U.S. District Judge Michael Fitzgerald of Santa Clara, California, also canceled a December 3 hearing he had previously set for oral arguments over Garcia's request.

Garcia's lawyer, Cris Armenta, told Reuters she planned to appeal the decision.

The lawsuit, filed in September, names YouTube and its parent company Google Inc as defendants, along with the film's producer.

A previous motion by Garcia for a temporary restraining order against YouTube's continued posting of the video was rejected by a Los Angeles County Superior Court judge.

Garcia's case was the first known civil litigation stemming from the video, billed as a film trailer, which depicts the Prophet Mohammad as a fool and a sexual deviant. The clip sparked a torrent of anti-American unrest in Egypt, Libya and dozens of other Muslim countries.

The outbreak of violence coincided with an attack on U.S. diplomatic facilities in Benghazi in September that killed four Americans, including the U.S. ambassador to Libya.

For many Muslims, any depiction of the prophet is considered blasphemous.

Google has refused to remove the film from YouTube, despite pressure from the White House and others to take it down, though the company has blocked the trailer in Egypt, Libya and other Muslim countries.

COPYRIGHT CLAIM

Garcia has accused the purported filmmaker of fraud, libel and unfair business practices.

But her federal lawsuit also asserts a copyright claim to her performance in the video, titled "The Innocence of Muslims," and accuses Google of infringing on that copyright by distributing the video without her approval via YouTube.

But in a three-page ruling, the judge questioned the validity of such a claim. He held that even if she could prove a legitimate copyright interest in her film performance, she effectively relinquished her rights to producers of the film.

Fitzgerald also ruled that Garcia failed to show that she would suffer irreparable harm without an injunction.

Garcia's lawsuit identifies Nakoula Basseley Nakoula, 55, an Egyptian-born Coptic Christian living in the Los Angeles area, as the film's producer. His legal name has since been established to be Mark Basseley Youssef and he served time in federal prison for bank fraud.

According to the lawsuit, Youssef operated under the assumed name of Sam Bacile when he misled Garcia and other performers into appearing in an anti-Muslim film they believed was to be an adventure drama called "Desert Warrior." She claims to have since received death threats.

Despite Friday's ruling against her, "we hope that worldwide the message has been heard that Ms. Garcia was not complicit and did not voluntarily participate in this heinous piece of hate speech," her lawyer said in a statement.

Youssef was sent back to jail for a year on November 7 for probation violations stemming from his role in making the video, including his use of an alias in connection with the film.

(Editing by Todd Eastham and Lisa Shumaker)

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Reuters: Most Read Articles: Online sales may bring holiday fear for some U.S. malls

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Online sales may bring holiday fear for some U.S. malls
Nov 30th 2012, 23:44

Shoppers look over items on sale at a Macy's store in New York, November 23, 2012. REUTERS/Keith Bedford

Shoppers look over items on sale at a Macy's store in New York, November 23, 2012.

Credit: Reuters/Keith Bedford

By Ilaina Jonas

NEW YORK | Fri Nov 30, 2012 6:44pm EST

NEW YORK (Reuters) - When it comes to the internet, David Simon's kids can look but not buy.

"They are not allowed to shop on the Internet or I won't pay for their room or board," Chief Executive and Chairman of Simon Property Group Inc, the largest U.S. owner of malls and outlet centers joked at a the National Association of Real Estate Investment Trusts investor forum in June.

Although his kids and their generation still go to the mall, Simon worries what the habits of his grandchildren will be.

If online sales continue to grow and take away a bigger and bigger slice of the U.S. consumer spending pie, the future doesn't look good for some malls. Yet in a weird twist, it looks brighter for others.

Last week's starting gun for holiday shopping speaks volumes.

For the first time, online sales could account for more than 10 percent of holiday sales this year, according to Scot Wingo, chief executive of ChannelAdvisor, which helps merchants sell more on websites, including Amazon.com and eBay.com.

Online sales on Cyber Monday jumped 30.3 percent, according to International Business Machines Corp, which analyzes transactions for 500 U.S. retailers. Even more threatening are the sales from pure online retailers.

For the five-day period from Thanksgiving through Cyber Monday, client sales on eBay.com rose 38.3 percent compared with the same days in 2011, according to ChannelAdvisor, which helps merchants sell online. Sales at Amazon.com jumped 37.7 percent.

Meanwhile, foot traffic malls, shopping centers and power centers -- the home of big box stores -- rose 8.2 percent this year from Thursday though Sunday and sales increased 2.7 percent. Though store sale still account for the lion's share of shopping dollars, online sales are sky rocketing.

However, much of the online sales have come from brick-and-mortar stores, such as Macy's, the Gap, Costco and Target. They have embraced the Internet as yet another channel for sales, which benefits the stores. A large chunk of online sale returns occur at the store, giving shoppers a chance to avoid shipping costs, store owners a chance to make another sale, and the mall additional foot traffic. The same is true for consumers who order online and pick up their merchandise at the store.

"We would be very reluctant today to do business with a retailer that did not have a multi-channel strategy that would involve the internet," Daniel Hurwitz, chief executive of big box mall owner DDR Corp. "The issue with retail is merchandise. And the best merchant wins, and great real estate cannot bail out a bad merchant."

Online shopping presents its biggest threat to power centers, where stores like Best Buyand stationery merchants selling commodity goods are located. These retailers have started matching online prices but the strategy's success remains to be seen.

Many mall companies, such as Simon and Westfield Group also have embraced technology with mobile apps and QR codes that send messages and information to shoppers directing them to sales, events and offerings at the mall.

Still the new competition will widen the divide between stronger and weaker malls, and likely will accelerate the demise of weaker malls as they become less attractive retailers, shoppers and investors.

"If you're a fourth mall in a market, it's just not a compelling investment," Diane Wade, senior analyst of dedicated REIT manager CBRE Clarion Securities.

Meanwhile, stronger retailers will continue to flock to the better properties allowing owners to raise rents.

"If you're an owner of a lower quality asset that's not competitive with the other properties in the market, well that's an issue for you. But it benefits the guys with the stronger properties," Green Street Advisors analyst Andrew Johns said.

This accelerated trend will likely benefit the publicly owned real estate investment trusts who own about 70 percent of the best performing U.S. malls.

Despite incorporating technology, malls and their retailers cannot ignore the pure internet retailers, such as Amazon and eBay. To compete, they will continue focus on what online can't offer: an actual living experience, such as dining entertainment and a place to gather.

"You can't take your family to the Christmas lighting at Amazon, but you can do that at a mall," Johns said. "You can't go to Amazon to visit Santa but you go to a mall to do that."

Additionally, tenants at stronger properties will likely start using their stores as a form of advertising and as a marketing component, instead of being solely concerned with how profitable the store is.

"If I have a store in the best mall in town and I get tons of foot traffic though it, that's really valuable," Johns said. "Those people, they might not buy today, but maybe they'll go online or maybe they'll go back to their hometown because they're visiting, and buy at my other store."

(Reporting By Ilaina Jonas; editing by Andrew Hay)

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Reuters: Most Read Articles: Carrie Underwood to star in new "Sound of Music" broadcast

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Carrie Underwood to star in new "Sound of Music" broadcast
Nov 30th 2012, 23:23

Carrie Underwood accepts the award for favorite country album for ''Blown Away'' at the 40th American Music Awards in Los Angeles, California, November 18, 2012.

Credit: Reuters/Danny Moloshok

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Reuters: Most Read Articles: Little apparent progress in U.S. "fiscal cliff" talks

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Little apparent progress in U.S. "fiscal cliff" talks
Dec 1st 2012, 03:09

U.S. President Barack Obama speaks at the Rodon Group, a manufacturer of toys in Hatfield, Pennsylvania, November 30, 2012. Obama pushed for congress to resolve the issue of U.S. debt and Bush-era tax cuts that are set to expire at the end of the year. REUTERS/Jason Reed

1 of 5. U.S. President Barack Obama speaks at the Rodon Group, a manufacturer of toys in Hatfield, Pennsylvania, November 30, 2012. Obama pushed for congress to resolve the issue of U.S. debt and Bush-era tax cuts that are set to expire at the end of the year.

Credit: Reuters/Jason Reed

By Mark Felsenthal

HATFIELD, Pennsylvania | Fri Nov 30, 2012 10:09pm EST

HATFIELD, Pennsylvania (Reuters) - With barely a month left before the "fiscal cliff," Republicans and Democrats remained far apart on Friday in talks to avoid the across-the-board tax hikes and spending cuts that threaten to throw the country back into recession.

While President Barack Obama visited a Pennsylvania toy factory to muster public support for tax hikes on the rich, portraying Republicans as scrooges at Christmas time, his primary adversary in negotiations, Republican House Speaker John Boehner, continued to describe the situation as a stalemate.

The argument will resume on Sunday when Boehner, along with Obama's Treasury secretary, Timothy Geithner, and others, take to weekly political talk shows and pick up further steam next week with a possible confrontation in the House of Representatives between Democrats and Republicans over the timing of a vote on tax hikes.

Lawmakers are nervously eyeing the markets as the deadline approaches, with gyrations likely to intensify pressure to bring the drama to a close.

The markets, in turn watching the politicians, fell as Boehner spoke, but recovered afterward. It was a repeat of the pattern earlier in the week when the speaker offered a similarly gloomy assessment.

The latest round of high-stakes gamesmanship focuses on whether to extend the temporary tax cuts that originated under former President George W. Bush beyond their December 31 expiration date for all taxpayers, as Republicans want, or just for those with incomes under $250,000, as Obama and his fellow Democrats want.

After five days of increasingly confrontational exchanges, the work week drew to a close with an announcement by Democrats of a long-shot effort next week to force an early tax-hike vote in the Republican-controlled U.S. House to break the deadlock.

MEDICARE, SOCIAL SECURITY

House Minority Leader Nancy Pelosi said she would undertake the rarely successful effort unless Boehner agreed by Tuesday to bring a bill to the floor allowing taxes on the wealthy to rise, something Boehner is highly unlikely to do until he is ready.

"The clock is ticking," Pelosi said at a news conference. "The year is ending. It's really important with tax legislation for it to happen now. We're calling upon the Republican leadership in the House to bring this legislation to the floor next week."

While Boehner offered no immediate response to Pelosi's threat, Cathy McMorris Rodgers of Washington state, recently elected by Republicans to be the fourth-ranking party leader in the House, told Fox News in an interview not to expect any tax vote next week.

Amid the competing statements from the two sides, there were some actual, albeit modest, signs of potential movement.

Senate Minority Leader Mitch McConnell threw Republican proposals into the mix for reform of Medicare, the government health insurance program for seniors, which has exploded in cost in recent years and is a major contributor to the country's soaring deficit.

McConnell of Kentucky told the Wall Street Journal in an interview that Republicans would agree to more revenue - although not higher tax rates - if Democrats agreed to such changes as raising the eligibility age for Medicare and slowing cost-of-living increases in the Social Security retirement program.

Rodgers, in her Fox News interview, declined to completely rule out a much-discussed potential compromise in which Republicans would accept some increase in tax rates on the rich, but not to the level desired by Obama.

'A LUMP OF COAL'

More House Republicans - although still just a handful -expressed flexibility beyond that of their party leaders about considering an increase in tax rates for the wealthy, as long as they are accompanied by significant spending cuts.

Most House Republicans refuse to back higher rates, preferring to raise revenue through tax reform.

Obama, speaking in Pennsylvania, said he was encouraged by the shifting views of some Republicans, and urged House approval of a bill that has already cleared the Democratic-controlled Senate that would lock in the middle-class tax cuts and raise the rates for the rich.

"If we can get a few House Republicans on board, we can pass the bill. ... I'm ready to sign it," Obama said.

But neither he nor the other principals in the debate budged from their basic positions.

Instead, Obama turned up the pressure on Friday, hitting the road to drum up support for his drive to raise taxes on the wealthy and warning Americans that Republicans were offering them "a lump of coal" for Christmas.

In a visit to the Pennsylvania toy factory, Obama portrayed congressional Republicans as scrooges who risked sending the country over the fiscal cliff rather than strike a deal to avert the tax increases and spending cuts that begin in January unless Congress intervenes.

"We already all agree, we say, on making sure middle-class taxes don't go up. So let's get that done. Let's go ahead and take the fear out for the vast majority of American families so they don't have to worry," Obama said at the Rodon Group factory, which makes K'NEX building toy systems as well as Tinkertoys and consumer products.

In Washington, Boehner said Obama's plan to raise taxes on the rich was the wrong approach.

"There is a stalemate. Let's not kid ourselves," the Ohio Republican said. "Right now we are almost nowhere."

(Additional reporting by Richard Cowan, Thomas Ferraro, Kim Dixon, Edward Krudy; Writing by John Whitesides; Editing by Fred Barbash and Todd Eastham)

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Reuters: Most Read Articles: Stung by U.N. defeat, Israel pushes settlement plans

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Stung by U.N. defeat, Israel pushes settlement plans
Dec 1st 2012, 03:19

Israeli Ambassador to the United Nations Ron Prosor addresses the United Nations General Assembly during a meeting at U.N. Headquarters, in New York, November 29, 2012. The 193-nation U.N. General Assembly overwhelmingly approved a resolution on Thursday to upgrade the Palestinian Authority's observer status at the United Nations from ''entity'' to ''non-member state,'' implicitly recognizing a Palestinian state. REUTERS/Chip East

Israeli Ambassador to the United Nations Ron Prosor addresses the United Nations General Assembly during a meeting at U.N. Headquarters, in New York, November 29, 2012. The 193-nation U.N. General Assembly overwhelmingly approved a resolution on Thursday to upgrade the Palestinian Authority's observer status at the United Nations from ''entity'' to ''non-member state,'' implicitly recognizing a Palestinian state.

Credit: Reuters/Chip East

By Crispian Balmer

JERUSALEM | Fri Nov 30, 2012 10:19pm EST

JERUSALEM (Reuters) - Hours after the United Nations voted overwhelmingly to grant de-facto statehood to Palestine, Israel responded on Friday by announcing it was authorizing 3,000 new settler homes in the West Bank and East Jerusalem.

An official, who declined to be named, said the government had also decided to expedite planning work for thousands more homes in a geographically sensitive area close to Jerusalem that critics say would kill off Palestinian hopes of a viable state.

The decision was made on Thursday when it became clear that the U.N. General Assembly was set to upgrade the Palestinians' status in the world body, making them a "non-member state," as opposed to an "entity," boosting their diplomatic clout.

The motion was backed by 138 nations, opposed by nine, while 41 members abstained - a resounding defeat that exposed Israel's growing diplomatic isolation.

An Israeli official had earlier conceded that this represented a "total failure of diplomacy" and warned there would be consequences - which were swift in coming.

Plans to put up thousands of new settler homes in the wake of the Palestinian upgrade were always likely, but the prospect of building in an area known as E-1, which lies near Jerusalem and bisects much of the West Bank, is seen by some as a potential game changer.

"E-1 will signal the end of the two state-solution," said Daniel Seidemann, an Israeli expert on settlements. He added that statutory planning would take another six to nine months to complete, meaning building there was not a foregone conclusion.

About 500,000 Israelis already live in the West Bank and East Jerusalem on land Israel seized in the 1967 Middle East war - territory the Palestinians claim for their independent state.

The United States, one of the eight countries to vote alongside Israel at the U.N. General Assembly, said the latest expansion plan was counterproductive to the resumption of direct Israeli-Palestinian peace talks.

"This administration - like previous administrations - has been very clear with Israel that these activities set back the cause of a negotiated peace," Secretary of State Hillary Clinton said in a Washington speech.

Clinton argued for renewed Israeli-Palestinian peace talks, but offered no detailed path forward, saying the United States would help whenever they were ready for direct talks.

"If and when the parties are ready to enter into direct negotiations to solve the conflict, President (Barack) Obama will be a full partner to them," she said.

ABSURD

Ahead of the U.N. vote, Prime Minister Benjamin Netanyahu's government had argued that the unilateral Palestinian move breached their previous accords and accused the 193-member world body of failing in its responsibilities.

"The General Assembly can resemble the theatre of the absurd, which once a year automatically approves ludicrous, anti-Israeli resolutions," said government spokesman Mark Regev.

"Sometimes these are supported by Europe, sometimes they are not," he added, alluding to the fact that only one European state, the Czech Republic, voted against the Palestinians.

Nonetheless, analysts said the vote exposed the gulf that had opened between Europe and Netanyahu over his handling of the Western-backed administration of Palestinian President Mahmoud Abbas, and the depth of EU opposition to settlement expansion.

"The government has failed to appreciate the gravity of the challenge to Israel's fundamental legitimacy in Europe," said Gidi Grinstein, head of the Reut Institute think tank.

"The Palestinian bid in the U.N. is turning out to be a bigger defeat than anticipated."

In many ways, Israel was caught off guard.

Last week, it was fighting Islamist militants in the Gaza Strip, grateful to see much of the West offering support for its determination to stop indiscriminate rocket fire from the Palestinian enclave whose leaders preach Israel's destruction.

The eight-day bombardment ended in a truce that was widely viewed as handing Gaza's Hamas Islamists a PR boost at the expense of Abbas and the Palestine Liberation Organisation, which has renounced violence in favor of diplomacy.

The West pumped billions into Abbas' administration over the years to bolster a partner for Middle East peace and felt it had to rally to his support in New York. Before the Gaza conflict, the Palestinians said they would win 115 'yes' votes at the United Nations. They ended up with more.

COURT THREAT

By itself, the U.N. upgrade will make little practical difference to the Palestinians or Israelis. But the new position will enable Abbas to seek membership of the International Criminal Court, or ICC, in The Hague if he wants.

That is what worries Israel.

The Geneva Convention forbids occupying powers from moving "parts of its own civilian population into the territory it occupies," leaving Israeli officials potentially vulnerable to an ICC challenge. Israel says its settlements are legal, citing historical and Biblical ties to the West Bank and Jerusalem.

The Palestinians say they are in no rush to go to the ICC, but the threat is there, putting pressure on Israel to come up with creative solutions to overcome the peace-talks impasse, which the Jewish state blames on Abbas.

"This U.N. vote is a very strong signal to the Israelis that they can't shove this matter under the carpet for any longer," said Alon Liel, former director-general of the Israeli Foreign Ministry. "This is a red light for Israel."

With politicians campaigning ahead of a January 22 election, Israel is unlikely to change course.

Opinion polls suggest Netanyahu's right-wing bloc will win a new term in office. The coalition includes pro-settler parties, and the prime minister's own Likud group appeared to shift to the right in primaries this week, making any land-for-peace compromise with the Palestinians look more complex than ever.

His opponents seized on the U.N. vote, with former Foreign Minister Tzipi Livni, aspiring to become Israel's second female prime minister, blaming a failure of initiative.

"When we do not initiate, we are imposed upon," she said.

Israeli officials say the Palestinians themselves must show they are ready to make the sort of concessions that they believe are needed to secure an accord - such as renouncing any right to return to modern-day Israel for refugees and their descendants.

But analysts say that with the elections out of the way, the new government will have a period of calm to try once more to end their decades-old conflict with the Palestinians.

"The strategy toward the Palestinian Authority and statehood is likely to be on the top of the agenda of the next government in the winter," said the Reut Institute's Grinstein.

"The outcome of its strategic reassessment may well be active engagement in upgrading the powers and responsibilities of the Palestinian Authority toward statehood, and eventually recognizing the Palestinian Authority as a state."

If E-1 building goes ahead, the chances of talks resuming will be close to non-existent.

(Additional reporting by Ori Lewis and Dan Williams in Jerusalem and by Arshad Mohammed in Washington; Editing by Janet McBride and Peter Cooney)

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Reuters: Most Read Articles: Syrian rebel films himself shooting 10 prisoners

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Syrian rebel films himself shooting 10 prisoners
Nov 30th 2012, 18:55

BEIRUT | Fri Nov 30, 2012 1:55pm EST

BEIRUT (Reuters) - New footage posted on the Internet appears to have been filmed by a Syrian rebel who points the camera along the barrel of his gun as he shoots 10 unarmed prisoners.

The video, posted on YouTube on Thursday, shows 10 men wearing t-shirts and camouflage trousers lying face down next to a building and a lookout tower. Even before the shooting, two of the men are not moving and one has blood coming from his torso.

"I swear to God that we are peaceful," begs one of the men to the camera, which is being held by the gunman. Cowering, the man gets up to plead with rebels. As he approaches a rebel off-screen, a shot is heard and he returns holding his bloodied arm.

The cameraman then points the camera along the barrel of his Kalashnikov assault rifle as he shoots the men.

"God is great. Jabhat al-Nusra," he says, referring to the secretive al-Nusra Front, an Islamist rebel unit linked to al Qaeda that has claimed responsibility for several suicide bomb attacks around the country.

The gunman gets on the back of a pickup truck and the camera pans to show the man who had been shot in the arm still moving. More shots are fired and his body spasms.

Reuters could not immediately verify the authenticity of the footage. Comments accompanying the video said it was filmed in Ras al-Ain, a town on the border with Turkey where pitched battles have raged in recent weeks.

Human Rights Watch officials said they were also investigating the video, but could not yet confirm its veracity.

"It certainly is a very disturbing video, and it is important to establish what happened," said Peter Bouckaert, emergencies director at the New York-based group.

Syria's uprising started with peaceful protests which were harshly suppressed by troops and has evolved into a civil war in which foreign jihadi fighters have joined ranks with defecting soldiers and armed civilians.

The 20-month-old revolt against President Bashar al-Assad has left 40,000 people dead. World powers who support the uprising say they are wary of providing arms to rebel groups due to the increasing role of Islamist radicals.

Rights groups accuse both rebel groups and government forces of war crimes including summary executions and torture.

(Reporting by Oliver Holmes; Editing by Sophie Hares)

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Reuters: Most Read Articles: Margin of U.N. defeat disappoints Israel

Reuters: Most Read Articles
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Margin of U.N. defeat disappoints Israel
Nov 30th 2012, 16:22

Israeli Ambassador to the United Nations Ron Prosor addresses the United Nations General Assembly during a meeting at U.N. Headquarters, in New York, November 29, 2012. The 193-nation U.N. General Assembly overwhelmingly approved a resolution on Thursday to upgrade the Palestinian Authority's observer status at the United Nations from ''entity'' to ''non-member state,'' implicitly recognizing a Palestinian state. REUTERS/Chip East

Israeli Ambassador to the United Nations Ron Prosor addresses the United Nations General Assembly during a meeting at U.N. Headquarters, in New York, November 29, 2012. The 193-nation U.N. General Assembly overwhelmingly approved a resolution on Thursday to upgrade the Palestinian Authority's observer status at the United Nations from ''entity'' to ''non-member state,'' implicitly recognizing a Palestinian state.

Credit: Reuters/Chip East

By Crispian Balmer

JERUSALEM | Fri Nov 30, 2012 11:22am EST

JERUSALEM (Reuters) - The margin of Israel's defeat in a U.N. vote that granted de-facto statehood to Palestine has disappointed Israeli political leaders, whose attempts on Friday to play down the result could not disguise its significance.

The United Nations General Assembly voted on Thursday to upgrade the Palestinians' status in the world body, making them a "non-member state". The decision was backed by 138 nations, opposed by nine, while 41 members abstained.

On the ground nothing has changed. Israeli army checkpoints remain in place across the West Bank, Jewish settlers continue their daily lives, and the Israeli government warns that lasting peace is more remote than ever.

An Israeli official said on Friday that Prime Minister Benjamin Netanyahu's conservative government had authorized thousands of new settlement homes on occupied land where the Palestinians, with wide foreign support, envisage their future state.

But the fact only three major countries sided with Israel at the world forum on Thursday - the United States, Canada and the Czech Republic - underscored how isolated it has become on the international stage regarding peacemaking with the Palestinians.

"Even old friends like Germany refused to stand alongside us. There were external factors, but it is hard not to see this as a total failure for our diplomacy which will obviously have consequences," said a senior official who declined to be named.

Government spokesman Mark Regev said that although Israel was "disappointed" by the vote, it was not surprised.

"The General Assembly can resemble the theatre of the absurd, which once a year automatically approves ludicrous, anti-Israeli resolutions. Sometimes these are supported by Europe, sometimes they are not," he said.

Nonetheless, analysts said the vote exposed the gulf that has opened between Europe and Prime Minister Benjamin Netanyahu over his handling of the Western-backed administration of Palestinian President Mahmoud Abbas, and the depth of EU opposition to Jewish settlement expansion.

TIPPING POINT

Direct peace talks collapsed in 2010 in a dispute over settlement building in the occupied West Bank and East Jerusalem - land the Palestinians say belongs to them, along with Gaza.

EU diplomats warn of an approaching tipping point whereby it will soon be impossible to carve out a viable independent state.

"The government has failed to appreciate the gravity of the challenge to Israel's fundamental legitimacy in Europe," said Gidi Grinstein, head of the Reut Institute think-tank.

"The Palestinian bid in the U.N. is turning out to be a bigger defeat than anticipated."

In many ways, Israel was caught off guard.

Last week it was fighting Islamist militants in the Gaza Strip, grateful to see much of the West offering support for its determination to stop indiscriminate rocket fire from the Palestinian enclave whose leaders preach Israel's destruction.

The eight-day bombardment ended in a truce that was widely viewed as handing Gaza's Hamas Islamists a PR boost at the expense of Abbas and the Palestine Liberation Organisation, who have renounced violence in favor of diplomacy.

The West pumped billions into Abbas's administration over the years to bolster a partner for Middle East peace and felt they had to rally to his support in New York. Before the Gaza conflict, the Palestinians said they would win 115 'yes' votes at the United Nations. They ended up with more.

Israeli leaders said on Friday the support of Washington was paramount and warned that the Palestinians would suffer for their unilateral actions.

"If I have to choose between the United States, Israel's biggest ally, which morally stands above all other nations, and the 138 other countries, I will always choose the United States," said Deputy Foreign Minister Danny Ayalon.

Israel knew it would lose, but hoped to win support from a strong "moral minority". That did not materialize.

COURT THREAT

However, ministers have toned down their earlier threats of retaliation, warning only of severe repercussions if Abbas uses his newfound position to join the International Criminal Court (ICC) in the Hague and pursue Israel for alleged war crimes.

The Geneva Convention forbids occupying powers from moving "parts of its own civilian population into the territory it occupies", leaving Israeli officials potentially vulnerable to an ICC challenge. Israel says its settlements are legal, citing historical and Biblical ties to the West Bank and Jerusalem.

The Palestinians say they are in no rush to go to the ICC, but the threat is there, putting pressure on Israel to come up with creative solutions to overcome the peace-talks impasse, which the Jewish state blames on Abbas.

"This U.N. vote is a very strong signal to the Israelis that they can't shove this matter under the carpet for any longer," said Alon Liel, former director-general of the Israeli Foreign Ministry. "This is a red light for Israel."

With politicians campaigning ahead of a January 22 election, Israel is unlikely to change course.

Opinion polls suggest Netanyahu's right-wing bloc will win a new term in office. The coalition includes pro-settler parties, and the prime minister's own Likud group appeared to shift to the right in primaries this week, making any land-for-peace compromise with the Palestinians look more complex than ever.

His opponents seized on the U.N. vote. Labor party leader Shelly Yachimovitch blamed Netanyahu and Foreign Minister Avigdor Lieberman for belligerent rhetoric, saying they were blind to what was happening in the Middle East.

Ex-foreign minister Tzipi Livni, aspiring to become Israel's second female prime minister, blamed a failure of initiative.

"When we do not initiate, we are imposed upon," she said.

Israeli officials say the Palestinians themselves must show they are ready to make the sort of concessions that they believe are needed to secure an accord - such as renouncing any right to return to modern-day Israel for refugees and their descendants.

However, analysts say that with the elections out of the way, the new government will have a period of calm to try once more to end their decades-old conflict with the Palestinians.

"The strategy toward the Palestinian Authority and statehood is likely to be on the top of the agenda of the next government in the winter," said the Reut Institute's Grinstein.

"The outcome of its strategic reassessment may well be active engagement in upgrading the powers and responsibilities of the Palestinian Authority toward statehood, and eventually recognizing the Palestinian Authority as a state."

(Additional reporting by Ori Lewis; editing by Janet McBride and Will Waterman)

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Reuters: Most Read Articles: Obama cranks up holiday pressure on Republicans in "fiscal cliff" talks

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Obama cranks up holiday pressure on Republicans in "fiscal cliff" talks
Nov 30th 2012, 18:39

U.S. President Barack Obama waves from Air Force One at Andrews Air Force Base near Washington, November 30, 2012. REUTERS/Jason Reed

1 of 2. U.S. President Barack Obama waves from Air Force One at Andrews Air Force Base near Washington, November 30, 2012.

Credit: Reuters/Jason Reed

By Mark Felsenthal

HATFIELD, Penn. | Fri Nov 30, 2012 1:34pm EST

HATFIELD, Penn. (Reuters) - President Barack Obama hit the road on Friday to turn up pressure on Republicans in the "fiscal cliff" talks, urging Americans to support his drive to raise taxes on the wealthy while extending tax cuts for the middle class.

In a Christmas-season visit to a toy factory, Obama portrayed congressional Republicans as Scrooges who risked sending the country over the fiscal cliff rather than strike a deal to avert the tax increases and spending cuts that begin in January unless Congress intervenes.

"If Congress does nothing, every family in America will see their taxes automatically go up on January 1," Obama said at a factory that makes Tinkertoys, among other things, in suburban Philadelphia. "That's sort of like the lump of coal you get for Christmas. That's a Scrooge Christmas."

At immediate issue is whether the tax cuts that originated under former President George W. Bush should be extended beyond December 31 for all taxpayers including the wealthy, as Republicans want, or just for taxpayers with income under $250,000 as Obama and his fellow Democrats want.

At The Rodon Group factory, which makes K'NEX building toy systems as well as Tinkertoys and consumer products, Obama said Americans should urge Republicans to extend the tax cuts for all but the wealthy, which would cover 98 percent of the public, and relieve public concern about a tax rise that economists say could throw the country back into a recession.

"We already all agree, we say, on making sure middle-class taxes don't go up. So let's get that done. Let's go ahead and take the fear out for the vast majority of American families so they don't have to worry," Obama said.

'THERE IS A STALEMATE'

In Washington, House of Representatives Speaker John Boehner said increasing tax rates on anyone was the wrong approach and said Obama had not been serious in the fiscal cliff negotiations.

"There is a stalemate. Let's not kid ourselves," the Ohio Republican said.

The equities market remained resilient Friday despite signs of a stalemate in Washington. Many investors bet a deal will be struck at the eleventh hour.

"There is no sign of it from the rhetoric but there are expectations it will happen," said Steve Goldman, principal at Goldman Management in Short Hills, New Jersey. "The rhetoric will get worse before it gets better."

Obama's trip to Pennsylvania was part of a renewed public relations push on the fiscal cliff talks - an effort that has infuriated Republicans. Boehner called it a "victory lap" on Thursday as he rejected Obama's proposals to avoid the cliff.

"It tells you he's not interested in negotiating. He's more interested in traveling around the country trying to campaign," Representative Jim Gerlach, a Pennsylvania Republican, said on CNBC on Friday.

Treasury Secretary Timothy Geithner, Obama's lead negotiator in the talks, will make the rounds of television talk shows on Sunday.

The White House will continue making its case next week, when Obama plans to meet a bipartisan group of governors at the White House on Tuesday. Obama will address the Business Roundtable on Wednesday, the White House said.

(Additional reporting by Richard Cowan, Thomas Ferraro; Writing by John Whitesides; Editing by Fred Barbash and Vicki Allen)

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Reuters: Most Read Articles: New Jersey bridge collapse derails freight train, causes chemical leak

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New Jersey bridge collapse derails freight train, causes chemical leak
Nov 30th 2012, 15:33

Fri Nov 30, 2012 10:33am EST

(Reuters) - A rail bridge collapsed on Friday over a creek in southern New Jersey, causing a Conrail freight train to derail and spill hazardous chemicals into the water, authorities said.

Five tanks of the freight train, which was carrying vinyl chloride, fell into the Mantua Creek, which feeds into the Delaware River near Philadelphia, the U.S. Coast Guard said.

Vinyl chloride, a highly toxic and flammable industrial chemical, was spilling from the tanks, said U.S. Coast Guard Petty Officer Cindy Oldham.

Authorities evacuated a half-mile (805-metre) area around the spill, which took place in Paulsboro, New Jersey, just across the Delaware River from Philadelphia.

The waterway was closed as well, the Coast Guard said.

State police said at least 18 contractors working in the area complained of respiratory distress.

The U.S. Coast Guard was working with the state Department of Environmental Protection to assess the situation.

Television images of the scene on CNN showed several cars partly submerged in the creek. One car was shown at a near-vertical angle from the bridge bed into the water.

Conrail is jointly owned by rail operators CSX Corp. and Norfolk Southern Corp..

(Reporting by Edith Honan and Ellen Wulfhorst; Writing by Dan Burns; Editing by James Dalgleish, Bernadette Baum and Vicki Allen)

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Reuters: Most Read Articles: Missouri Powerball lottery winner to become a celebrity

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Missouri Powerball lottery winner to become a celebrity
Nov 30th 2012, 13:22

1 of 5. Trex Mart truck stop manager Chris Naverz points to lottery tickets as he talks to a customer at the location, where one of two winning tickets in a $587.5 million Powerball lottery was sold at, in Dearborn, Missouri November 29, 2012.

Credit: Reuters/Dave Kaup

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Reuters: Most Read Articles: Special Report: Greeks rage against pension calamity

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Special Report: Greeks rage against pension calamity
Nov 30th 2012, 09:08

Yorgos Vagelakos, 75, is interviewed by Reuters at his home at Keratsini suburb, a few miles west of Athens November 28, 2012. Picture taken November 28, 2012. To match Special Report GREECE-CRISIS/PENSIONS REUTERS/Yorgos Karahalis

1 of 14. Yorgos Vagelakos, 75, is interviewed by Reuters at his home at Keratsini suburb, a few miles west of Athens November 28, 2012. Picture taken November 28, 2012. To match Special Report GREECE-CRISIS/PENSIONS

Credit: Reuters/Yorgos Karahalis

By George Georgiopoulos and Lefteris Papadimas

ATHENS | Fri Nov 30, 2012 4:08am EST

ATHENS (Reuters) - In the heat of a June night, Eleni Spanopoulou found her audience at an Athens hotel turning ugly. Mutiny and violence hung in the air.

For hours the leader of the Greek journalists' social security fund had been chairing a meeting about disastrous losses on retirement savings caused by the country's economic collapse. "She tried to present herself as the fund's savior and asked (members) to double contributions to 6 percent of salaries," said one of those present that night at the Titania hotel. Spanopoulou, 58, did not succeed.

When she rose to leave around midnight, enraged fund members first swore, then waded in punching, kicking and tearing at her clothes, according to witnesses. A bodyguard managed to bustle her out of the room, but another group caught her just outside the hotel and gave her a second beating. She spent the night in hospital.

It was a brutal sign of the fury many Greeks feel at the way the country's debt crisis has dashed hopes of a comfortable old age. Greece's pension funds - patchily run in the first place, say unionists and some politicians - have been savaged by austerity and the terms of the international bailout keeping the country afloat.

Workers and pensioners suffered losses of about 10 billion euros ($13 billion) just in the debt restructuring of March 2012, when the value of some Greek bonds was cut in half. That sum is equal to 4.6 percent of the country's GDP in 2011.

Many savers blame the debacle on the Bank of Greece, the country's central bank, which administers three-quarters of pension funds' surplus cash. Pensioners and politicians accuse it of failing to foresee trouble looming, or even of investing pension fund money in government bonds that it knew to be at high risk of a 'haircut' - having their value reduced.

A Reuters examination of previously unpublished data from the Bank of Greece reveals the bank invested pension fund money in 1.18 billion euros of Greek bonds after the economic crisis began.

Prokopis Pavlopoulos, a lawmaker in the ruling coalition's conservative New Democracy party and former interior minister, said: "From July 2010 it was obvious that a debt restructuring would be inevitable. While foreign banks were unloading their Greek government bonds, no one moved to tell Greek pension funds to do something, that a haircut was coming."

Spanopoulou, while deploring the violence she suffered, said: "The Bank of Greece knew about the haircut on bonds well in advance and should have informed (our) fund."

The losses compound the woes of Greek pensioners, many of whom have seen their income fall; further cuts are expected as part of the latest austerity package voted through parliament in November.

The Bank of Greece rejects the criticism, arguing its room for maneuver was limited. Around the world pension funds routinely invest in government bonds, and the bank says the scale of Greece's economic meltdown was not obvious when most of its pension fund investments were made.

"More than 90 percent of the bonds that eventually suffered a haircut had been bought before 2009," said Mihalis Mihalopoulos, a Bank of Greece official who invests money on behalf of Greek pension funds.

That is not enough to assuage critics, who say the pension fund crisis is one of the most neglected facets of the Greek catastrophe. "At the very least ... pension funds were not warned," lawmaker Pavlopoulos said. "The government ... knew it was heading for a haircut and did nothing for these people, which I find hard to stomach."

HOW THE SYSTEM WORKS

Having grown up piecemeal over decades, the Greek pension system is highly fragmented with about 200 official bodies running different funds, with different costs and benefits, covering numerous occupations.

Broadly, though, the majority of people rely on schemes with an element of government funding as well as contributions from employers and employees. The state also plays a pivotal role in deciding how such funds invest, and appoints the boards on many of them.

Under a law passed in 1997 and refined in 2007, pension funds have to place 77 percent of any surplus cash in a pool of "common capital" managed by the Bank of Greece. The law requires the common capital to be invested only in Greek government bonds or Treasury bills (T-bills). The remaining 23 percent of funds can be invested in other assets, such as mutual funds, shares and real estate.

The aim of the measures, officials said, was to ensure that most of the money was safely tucked away for a steady return. In the good times, this worked. But it was to have disastrous consequences when the credit crunch that began in 2007 led to a crisis in sovereign debt.

When the incoming government of 2009 revealed Greece's finances were far worse than previously admitted, ministers initially dismissed the idea of reneging on some of the country's debts. But in some circles the prospect rapidly gained ground, according to a former Greek representative to the International Monetary Fund (IMF).

"The IMF ... was more open to securing the sustainability of Greece's debt via a writedown (than the euro zone countries)," said Panagiotis Roumeliotis, a former economy minister and Greece's IMF representative at the time. Foreign investors were not slow to see the danger.

Many scrambled to sell their holdings of Greek debt, but officials managing pension fund money at the Bank of Greece did not. Pavlopoulos claims that while foreign investors dumped more than 100 billion euros of Greek government bonds from 2009 to 2011, the country's pension funds actually raised their holdings by 9 billion euros.

The central bank disputes his figures. It says that between January 2009 and May 2011 it invested pension fund money in government bonds with a nominal value of only 1.18 billion euros, after which it stopped. It also said, in a letter to Pavlopoulos, that from the end of 2009 to the end of 2011 pension funds' total holdings of Greek bonds fell by 2.5 billion euros.

Despite those figures, Pavlopoulos remains dissatisfied. "The Bank of Greece did nothing to protect the pension funds," he said.

Amid the wrangling over exactly who bought what when, one thing is clear: when the financial storm struck, the pension funds remained heavily exposed. Bank of Greece figures show that the pension funds still held 19 billion euros of Greek bonds and 1.4 billion euros in T-bills as the country teetered on default in early 2012.

Mihalopoulos, the central bank investment manager, said selling the bonds would not have helped: "Had we liquidated the bond portfolio we would have realized a loss of 8 billion euros as prices had come down sharply."

In the end, however, the pension funds appear to have suffered an even bigger loss. In March, Greece completed the largest-ever sovereign debt restructuring as part of its bailout by the "troika" of euro zone members, IMF and European Central Bank. In a move known as "private sector involvement" or PSI, Greece replaced old bonds with new ones worth 53.5 percent less.

Bank of Greece figures show that by June the pension fund assets it controlled had plummeted to 11.1 billion euros, made up of 8.7 billion in bonds and 2.4 billion in T-bills. In the space of three months pension funds had lost about 10 billion euros.

Former Labour Minister George Koutroumanis told Reuters the losses were unavoidable. "How could we have asked to protect our own pension funds and let all the others take the blow, it could not have worked that way," said Koutroumanis, whose former department is in charge of the pension system. "The billions of euros that pension funds lost because of the PSI was a significant hit. But it has to be weighed against the need to ensure the viability of the country in the euro and the system's continued funding."

That argument does little to stem the anger of those facing impoverishment. Before the PSI, the journalists' pension fund had assets at the central bank worth 115 million euros; after the PSI they were worth 59 million euros, according to Bank of Greece figures.

Employees at ATEbank, a state-run institution that recently had to be rescued, are among others to have suffered. "The (health and supplementary pension) fund of ATEbank's employees is collapsing ... as a result of the PSI, which cost 70 million euros," said Konstantinos Amoutzias, president of the bank's employee union. "We have asked the Bank of Greece since the summer to provide us with data on the investment of our funds and they haven't answered us yet."

A senior Bank of Greece official, who declined to be named, said: "Any fund which has asked for data on transactions and market prices has received it." He added that, for reasons of legal confidentiality, the central bank could not reveal full details, such as the names of the banks from which it had bought government bonds in the secondary market.

Vaso Voyatzoglou, secretary general of insurance at the bank employees' union OTOE, said: "Eventually all pension funds will end up suing the Bank of Greece in order to find out what exactly happened and how they lost their money."

THE HUMAN COST

Among individuals on the receiving end of the losses is Constantine Siatras, 79, a retired lieutenant-general, who says his income has fallen by 33 percent during the crisis.

"We should not have illusions that our pension fund will recoup what it lost from the haircut on its government bond holdings," he said. "It's very hard to get by as a pensioner the way things are going."

Yet Siatras is one of the lucky ones: he still gets about 1,700 euros a month. Most have to survive on far less. Despite Greece's reputation for profligacy - with reports of public sector workers retiring early on fat pensions - the average pension is about 850 euros a month, according to unions representing 80 percent of pensioners.

Many pensioners have to get by on less, including Yorgos Vagelakos, a 75-year-old former factory worker, and his wife, who live in Keratsini, a working-class district near Athens. "We can barely afford to buy our grandchildren anything, not even a colorful notepad. When they ask us for one, we change the subject and then we cry," Vagelakos said in the tiny yard of his house.

His pension of 650 euros a month supports himself, his wife Anna and, when possible, the family of his 42-year old-son, who is unemployed. "Thankfully my younger son and his wife have a job," he said.

Tax increases and high prices have hit hard. "We have slashed everything by 50 percent. At night we keep the light off to save on our electricity bill. We have become vegetarians from cutting back. We can't take it anymore," Vagelakos said, talking while his wife cooked cauliflower and potatoes for lunch, a meal that would also feed the family of their elder son, who has two children.

"Out of 650 euros, at least 170 go for medicines for me and my wife, another 100 for electricity and 30 euros for water. With the rest we get by as we can." He picked up a bunch of bananas. "We don't eat these, we save them for our four grandchildren."

Faced with the plight of the retired and public anger, officials are now promising to make good some of the pension fund losses. The government has passed a law to enable it to transfer some state-owned assets, such as real-estate, into a new vehicle for the benefit of pension funds.

However, no such body has yet been established. And, as the country's debt crisis persists, the value of its state-owned assets remains uncertain.

(Additional reporting by Stephen Grey in Athens. Editing by Richard Woods)

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