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Texas sues to stop a rule that shields the medical records of women who seek abortions elsewhere | AP News

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AUSTIN, Texas (AP) — Texas has sued the Biden administration to try to block a federal rule that shields the medical records of women from criminal investigations if they cross state lines to seek abortion where it is legal.

The lawsuit against the U.S. Department of Health and Human Services seeks to overturn a regulation that was finalized in April. In the suit filed Wednesday in Lubbock, Republican state Attorney General Ken Paxton accused the federal government of attempting to “undermine” the state’s law enforcement capabilities. It appears to be the first legal challenge from a state with an abortion ban that took effect after the U.S. Supreme Court’s 2022 ruling that overturned Roe v. Wade and ended the nationwide right to abortion.

The rule essentially prohibits state or local officials from gathering medical records related to reproductive health care for a civil, criminal or administrative investigation from providers or health insurers in a state where abortion remains legal. It is intended to protect women who live in states where abortion is illegal.

In a statement, HHS declined comment on the lawsuit but said the rule “stands on its own.”

“The Biden-Harris Administration remains committed to protecting reproductive health privacy and ensuring that no woman’s medical records are used against her, her doctor, or her loved one simply because she got the lawful reproductive care she needed,” the agency said.

Texas’ abortion ban, like those in other states, exempts women who seek abortions from criminal charges. The ban provides for enforcement either through a private civil action, or under the state’s criminal statutes, punishable by up to life in prison, for anyone held responsible for helping a woman obtain one.

It’s not clear whether public officials have sought patient medical records related to abortion. But the state has sought records related to gender-affirming care, demanding them from at least two out-of-state health centers last year. Like many Republican-controlled states, Texas bans gender-affirming care for minors.

At least 22 Democratic-controlled states have laws or executive orders that seek to protect medical providers or patients who participate in abortion from investigations by law enforcement in states with bans.

The federal regulation in question is an update to the Health Insurance Portability and Accountability Act of 1996, which prohibits medical providers and health insurers from divulging medical information about patients. Typically, however, law enforcement can access those records for investigations.

A group of Republican attorneys general, all from states with strict abortion laws, had urged Health and Human Services to ditch the rule when a draft was released last year. In a 2023 letter to HHS, the group said the regulation would unlawfully interfere with states’ authority to enforce laws.

“With this rule, the Biden Administration makes a backdoor attempt at weakening Texas’s laws by undermining state law enforcement investigations that implicate medical procedures,” Paxton said in a news release.

Liz McCaman Taylor, senior federal policy counselor at the Center for Reproductive Rights, said federal law has long provided enhanced protection for sensitive health information.

“But Texas is suing now, not because of its concern with state sovereignty, but because of its hostility to reproductive health,” she said.

__

Associated Press reporter Jamie Stengle contributed from Dallas.

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New Linkin Park vocalist Emily Armstrong responds to Danny Masterson backlash

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Newly announced Linkin Park vocalist Emily Armstrong (also of Dead Sara) has responded after Cedric Bixler-Zavala of The Mars Volta and At the Drive In and his wife, Chrissie Carnell-Bixler, blasted her over her connections to Scientology and Danny Masterson, who was found guilty of raping two women. In an Instagram story, Armstrong wrote, “Hi, I’m Emily. I’m new to so many of you, and I wanted to clear the air about something that happened a while back.”

She continued:

Several years ago, I was asked to support someone I considered a friend at a court appearance, and went to one early hearing an as observer. Soon after, I realized I shouldn’t have. I always try to see the good in people, and I misjudged him. I have never spoken with him since. Unimaginable details emerged and he was later found guilty.

To say it as clearly as possible: I do not condone abuse or violence against women, and I empathize with the victims of these crimes.

Bixler-Zavala had resurfaced a year-old comment he’d made on Dead Sara’s Instagram after Armstrong was revealed at Linkin Park’s new vocalist. It read, “I’m surprised none of you wrote a letter on Danny Mastersons behalf since your corny ass singer showed up to support him in the prelims. Remember Emily? Remember how your fellow scientologist goon squad surrounded one of the Jane Doe’s when she was trying to leave the elevators? The court sheriffs had to escort her away from your awful cult. Remember when we did the purification run down Emily? Were you directed to safe point me cuz of what my wife knew? Why can’t you shut your mouth during a detox program where people are going through some rough shit but your corny ass is singing like an unsupverised child? Is it cuz you’re a born in scientologist that gets a pass? How do you reconcile the homophobia found in the teachings of LRH’s book dianetics? Do your fans know about your friend Danny Masterson? Your rapist friend.”

Emily Armstrong Instagram story
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Tenth Circle Added To Rapidly Growing Hell - The Onion

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CITY OF DIS, NETHER HELL–After nearly four years of construction at an estimated cost of 750 million souls, Corpadverticus, the new 10th circle of Hell, finally opened its doors Monday.

The Blockbuster Video-sponsored circle, located in Nether Hell between the former eighth and ninth levels of Malebolge and Cocytus, is expected to greatly alleviate the overcrowding problems that have plagued the infernal underworld in recent years. The circle is the first added to Hell in its countless-millennia history.

“A nightmarishly large glut of condemned spirits in recent years necessitated the expansion of Hell,” inferno spokesperson Antedeus said. “The traditional nine-tiered system had grown insufficient to accommodate the exponentially rising numbers of Hellbound.”

Adding to the need for expansion, Antedeus said, was the fact that a majority of the new arrivals possessed souls far more evil than the original nine circles were equipped to handle. “Demographers, advertising executives, tobacco lobbyists, monopoly-law experts retained by major corporations, and creators of office-based sitcoms–these new arrivals represent a wave of spiritual decay and horror the likes of which Hell has never before seen,” Antedeus said.

Despite the need for expansion, the plan faced considerable resistance, largely due to the considerable costs of insuring construction projects within the Kingdom Of Lies. Opposition also came from Hell purists concerned about the detrimental effect a tenth level would have on the intricate numerology of Hell’s meticulously arranged allegorical structure. In 1994, however, funding was finally secured in a deal brokered between Blockbuster CEO Wayne Huizenga and Satan himself.

Prior to the construction of the tenth circle, many among the new wave of sinners had been placed in such circles as Hoarders and Squanderers, Sowers of Discord, Flatterers and Seducers, Violent Against Art, and Hypocrites. Hell authorities, however, say that the new level, the Circle of Total Bastards, located at the site of the former Well of Giants just above the Frozen Lake at Hell’s center, better suits their insidious brand of evil.

Frigax The Vile, a leading demonic presence, is one of the most vocal supporters of the new circle.

“In the past, the underworld was ill-equipped to handle the new breed of sinners flooding our gates–downsizing CEOs, focus-group coordinators, telemarketing sales representatives, and vast hordes of pony-tailed entertainment-industry executives rollerblading and talking on miniaturized cell-phones at the same time. But now, we’ve finally got the sort of top-notch Pits of Doom necessary to give such repellent abominations the quality boilings they deserve.”

Pausing to tear off the limbs of an Access Hollywood host, Frigax added, “We’re all tremendously excited about the many brand-new forms of torture and eternal pain this new level’s state-of-the-art facilities will make possible.”

Among the tortures the Corpadverticus Circle of Total Bastards boasts: the Never-Ending Drive-Thru Bank, the Bottomless Pit of Promotional Tie-In Keychains, and the dreaded Chamber of Emotionally Manipulative Home Shopping Network Products.

The Circle also features a Hall of Aerobics, where condemned TV-exercise-show personalities, clad in skin-tight Spandex outfits soaked in flesh-dissolving acid, are forced to exercise for centuries on end, covered in vomit and prodded with the distended ribs of skeletal, anorexic demons, accompanied by an unending, ear-splittingly loud dance-remix version of the 1988 Rick Astley hit “Together Forever.”

In a nearby area, corporate raiders are forced to carry the golf clubs of uneducated Hispanic migrant workers from hole to hole for eternity, withering under a constant barrage of verbal abuse from their former subservients as crows descend from trees to peck at their eyes. In one of the deepest and most profane portions of the circle, unspeakable acts are said to be committed with a mail-order Roly-Kit.

“In life, I was a Salomon Brothers investment banker,” one flame-blackened shade told reporters. “When I arrived here, they didn’t know what to do with me. They put me in with those condemned to walk backwards with their heads turned all the way around on their necks, for the crime of attempting to see the future. But then I sent a couple of fruit baskets to the right people, and in no time flat, I secured a cushy spot for myself in the first circle of the Virtuous Unbaptized. Now that was a sweet deal. But before long, they caught on to my game and transferred me here to the realm of Total Bastards. I’ve been shrieking for mercy like a goddamn woman ever since.”

His face contorted in the Misery of the Damned, a Disney lawyer said: “It’s hell here–there are no executive lounges, I can’t get any decent risotto, and the suit I have to wear is a cheap Brooks Brothers knock-off. I’m beeped every 30 seconds, and there’s no way to return the calls. Plus, I’m being boiled upside down in lard while jackals gnaw at the soles of my feet. If I could just reach the fax machine on that nearby rock, I could contact some well-placed associates and work something out, but it’s just out of my grasp, and it’s out of ink and constantly blinking the message, ’Replace Toner Cartridge, Replace Toner Cartridge, Replace Toner Cartridge.’”

He then resumed screaming in agony.

Grogar The Malefic, a Captain in Hell’s elite Demon Corps and supervisor in charge of admissions for the new circle, said Hell’s future looks bright, thanks to the new circle.

“Things are definitely looking up,” Grogar said. “We’re now far better equipped, and we’re ready to take on the most Unholy Atrocities humanity has to offer.”

“We’re really on the grow down here,” Grogar added. “This is an exciting time to be in Hell.”

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Do TV shows and movies lose rights to songs like video games do?

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Jennifer Garner and Michael Vartan standing in front of screens in the TV show Alias

On Thursday, Remedy Entertainment announced it would soon patch Alan Wake to cut David Bowie’s “Space Oddity” from the game’s credits due to licensing issues. Music has been a problem for Alan Wake before: Remedy had to pull the entire game off Steam, Xbox Games Store, and other platforms from May 2017 to October 2018 as the licenses were renegotiated. And it’s not only a Remedy problem. It seemingly happens over and over again: Sega and Obsidian Entertainment’s Alpha Protocol, Rockstar Games’ Grand Theft Auto: Vice City (Grand Theft Auto 3’s PlayStation 3 launch was delayed, too, over music clearance), 2K Games’ Spec Ops: The Line, Sony Interactive Entertainment’s upcoming Star Wars: Knights of the Old Republic, Activision’s Tony Hawk Pro Skater HD, and plenty more have all had music licensing issues.

People who are plugged into the video game industry hear about games being pulled from sale for these reasons all the time — something that will likely continue into the future. But what about other sorts of media? On Polygon’s Alan Wake news story, commenter VeronicaTriumphant asked a poignant question: “Why does this keep happening to games but it never seems to happen to movies?”

The answer there is complicated, and it’s not the same for all movies, TV shows, or video games. Broadly speaking, however, it does happen to other forms of media. Jeffrey Cadwell, intellectual property attorney with law firm Dorsey & Whitney, told Polygon that it’s more common with older TV shows that hadn’t considered licensing agreements for, say, streaming platforms like Netflix, which didn’t exist when the shows were created.

“For example, I know Bosom Buddies (the old Tom Hanks show) originally had a song by Billy Joel as the theme, but on DVD and now in syndication, it uses a separate theme,” Cadwell said. “Bringing it more current, same issue with Dawson’s Creek. The key when negotiating music licenses is to try to obtain all rights in perpetuity, so you do not have to go back in the future regarding format changes or reuse fees.”

A Vox report from 2015 said most modern TV shows now negotiate for “all possible uses of the song — initial broadcast, reruns, syndication, DVDs, international, and online streaming.” That’s why we don’t see too many problems with shows created after the rise in popularity of streaming platforms. 

Usually, producers for these shows will replace the music if needed, like in the case of Dawson’s Creek — the iconic theme song, Paula Cole’s “I Don’t Want to Wait,” was replaced on streaming services with Jann Arden’s “Run Like Mad” due to licensing issues. But that example itself is also a lesson in how complicated this whole thing can be: Arden’s “Run Like Mad” was actually written for Dawson’s Creek and the producers’ original pick for the show’s theme, according to the Huffington Post. Warner Bros. executives ended up changing their minds later, adding in “I Don’t Want to Wait” as the theme song when the show debuted. The deal had to be renegotiated some years later, which is when Dawson’s Creek lost “I Don’t Want to Wait.” Instead of paying more money to Cole, they put Arden’s song back in. When Dawson’s Creek hit Netflix in 2020, fans revolted over the removal of the iconic “I Don’t Want to Wait,” Billboard wrote in 2021. In 2021, Dawson’s Creek producers made a new deal with Cole; she re-recorded the song so it’s licensed through her and a re-recorded master, not Warner Records. And so, the song returned.

Movies are perceived to have a longer shelf life than video games, or at least they were in the past. Movie producers were more likely to get a license in perpetuity for that reason. Like in TV shows and movies, the video games that do get delisted for music licensing issues are often older ones that publishers didn’t expect demand decades later. Instead of a perpetual license, video games are often issued “a more limited license,” Schacht said, that requires the maker to “to come back to renegotiate – and pay – for additional rights when they need them.”

If publishers and studios can’t — or don’t want to — renegotiate, they’ve got to pull their game, or patch out the music. “The infringer could be on the hook for a lot of money and be unable to use the music” if they keep using music with expired licenses, Schact said.

If you’re looking for the TL;DR, here it is: Movies and TV shows do have similar licensing issues as video games, but it usually impacts older shows that didn’t secure licenses for home distribution or streaming. You may not hear about it as often, because shows come and go from streaming services all the time. But you’ll definitely recognize it next time you load up Alias on Disney+, only to learn all your favorite sequences have new songs.

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LeMadChef
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Yes, I have the DVD box set for the MTV series "Daria" and man the music is so bad.
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AT&T sues Broadcom for refusing to renew perpetual license support

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Signage is displayed outside the Broadcom offices on June 7, 2018 in San Jose, California.

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AT&T filed a lawsuit against Broadcom on August 29 accusing it of seeking to “retroactively change existing VMware contracts to match its new corporate strategy.” The lawsuit, spotted by Channel Futures, concerns claims that Broadcom is not letting AT&T renew support services for previously purchased perpetual VMware software licenses unless AT&T meets certain conditions.

Broadcom closed its $61 billion VMware acquisition in November and swiftly enacted sweeping changes. For example, in December, Broadcom announced the end of VMware perpetual license sales in favor of subscriptions of bundled products. Combined with higher core requirements per CPU subscription, complaints ensued that VMware was getting more expensive to work with.

AT&T uses VMware software to run 75,000 virtual machines (VMs) across about 8,600 servers, per the complaint filed at the Supreme Court of the State of New York [PDF]. It reportedly uses the VMs to support customer service operations and for operations management efficiency.

AT&T feels it should be granted a one-year renewal for VMware support services, which it claimed would be the second of three one-year renewals to which its contract entitles it. According to AT&T, support services are critical in case of software errors and for upkeep, like security patches, software upgrades, and daily maintenance. Without support, "an error or software glitch" could result in disruptive failure, AT&T said.

AT&T claims Broadcom refuses to renew support and plans to terminate AT&T's VMware support services on September 9. It asked the court to stop Broadcom from cutting VMware support services and for "further relief" deemed necessary. The New York Supreme Court has told Broadcom to respond within 20 days of the complaint's filing.

In a statement to Ars Technica, an AT&T spokesperson said: “We have filed this complaint to preserve continuity in the services we provide and protect the interests of our customers.”

AT&T accuses Broadcom of trying to make it spend millions on unwanted software

AT&T's lawsuit claims that Broadcom has refused to renew support services for AT&T's perpetual licenses unless AT&T agrees to what it deems are unfair conditions that would cost it “tens of millions more than the price of the support services alone."

The lawsuit reads:

Specifically, Broadcom is threatening to withhold essential support services for previously purchased VMware perpetually licensed software unless AT&T capitulates to Broadcom’s demands that AT&T purchase hundreds of millions of dollars’ worth of bundled subscription software and services, which AT&T does not want.

After buying VMware, Broadcom consolidated VMware's offering from about 8,000 SKUs to four bundles, per Channel Futures. AT&T claims these subscription offerings “would impose significant additional contractual and technological obligations." AT&T claims it might have to invest millions to “develop its network to accommodate the new software.”

VMware and AT&T's agreement precludes "Broadcom’s attempt to bully AT&T into paying a king’s ransom for subscriptions AT&T does not want or need, or risk widespread network outages," AT&T reckons.

In its lawsuit, AT&T claims "bullying tactics" were expected from Broadcom post-acquisition. Quoting Ars Technica reporting, the lawsuit claims that "Broadcom wasted no time strong-arming customers into highly unfavorable subscription models marked by 'steeply increased prices[,]' 'refusing to maintain security conditions for perpetual license[d] [software,]' and threatening to cut off support for existing products already licensed by customers—exactly as it has done here.'"

"Without the Support Services, the more than 75,000 virtual machines operated by AT&T⸺impacting millions of its customers worldwide⸺would all be just an error or software glitch away from failing," AT&T's lawsuit says.

Broadcom’s response

In the lawsuit, Broadcom alleges that AT&T is not eligible to renew support services for a year because it believes AT&T was supposed to renew all three one-year support service plans by the end of 2023.

In a statement to Ars Technica, a Broadcom company spokesperson said:

Broadcom strongly disagrees with the allegations and is confident we will prevail in the legal process. VMware has been moving to a subscription model, the standard for the software industry, for several years – beginning before the acquisition by Broadcom. Our focus will continue to be providing our customers choice and flexibility while helping them address their most complex technology challenges.

Communications for Office of the President, first responders could be affected

AT&T's lawsuit emphasizes that should it lose support for VMware offerings, communications for the Office of the President and first responders would be at risk. AT&T claims that about 22,000 of its 75,000 VMs relying on VMware "are used in some way to support AT&T’s provision of services to millions of police officers, firefighters, paramedics, emergency workers and incident response team members nationwide... for use in connection with matters of public safety and/or national security."

When reached for comment, AT&T's spokesperson declined to comment on AT&T's backup plan for minimizing disruption should it lose VMware support in a few days.

Ultimately, the case centers on "multiple documents involved, and resolution of the dispute will require interpretation as to which clauses prevail," Benjamin B. Kabak, a partner practicing in technology and outsourcing at the Loeb & Loeb LLP New York law firm, points out

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LeMadChef
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Oh, the irony!

You won't honor your "unlimited data" agreements with your clients, but demand it from your vendors!
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Loss, Grief, and Renewal Spring Forth in Ebony G. Patterson’s Paper Assemblages

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a detail of a paper assemblage artwork with cutouts of butterflies, snakes, and leaves, with a floral-patterned silhouette of a hand reaching out over the top
Detail of “Studies for a vocabulary of loss XXV” (2024), digital print on archival watercolor paper and construction paper with feather butterflies, plastic flies, roaches, spiders, and memorial rosette reading “affliction,” 47 1/2 x 30 1/2 x 12 inches (framed). Photos by Mikhail Mishin. All images © Ebony G. Patterson, courtesy of the artist and Monique Meloche Gallery, shared with permission

Loss, Grief, and Renewal Spring Forth in Ebony G. Patterson’s Paper Assemblages

For more than a decade, the history, lore, science, and symbolism of the garden has been central to the work of Ebony G. Patterson (previously). In the summer of 2023, Patterson’s installation …things come to thrive…in the shedding…in the molting… at New York Botanical Garden marked an introduction to her series Studies for a vocabulary of loss.

At this weekend’s Armory Show, the artist shares 24 new pieces from the series in a solo presentation exploring the symbolism of gardens and grief.

“Studies for a vocabulary of loss XXV” (2024), digital print on archival watercolor paper and construction paper with feather butterflies, plastic flies, roaches, spiders, and memorial rosette reading “affliction,” 47 1/2 x 30 1/2 x 12 inches (framed)

For Patterson, the garden is a rich metaphor for the body. She often interrogates themes of visibility and invisibility, navigating the intersections of gender, class, and race within the context of postcolonial space. In her paper assemblages, Patterson combines cutouts of foliage, butterflies, and blossoms with plastic insects and mourning rosettes.

“Each piece evokes the imagery of memorial wreaths but with text that diverges from traditional funeral associations,” says a statement from moniquemeloche. “Patterson asks us to grapple with the impossibility of loss, reflecting on an extensive vocabulary centered on words like calamity, forgetting, perdition, misery, wound, lack, failure, blot out, debt, hurt, undoing, and havoc.”

In the context of the garden, the loss and renewal of life are inherent in its natural cycle, and through vibrant and detailed reliefs, Patterson considers the cycle of grief and the potential for life.

If you’re in New York, you can find Patterson’s solo booth on view from September 6 to 8 at the Javits Center. Find more on the artist’s website.

“Studies for a vocabulary of loss XXIV” (2024), digital print on archival watercolor paper and construction paper with feather butterflies, plastic flies, spiders, and memorial rosette reading “blot out,” 47 1/2 x 30 1/2 x 12 inches (framed)
“Studies for a vocabulary of loss XXII” (2024), digital print on archival watercolor paper and construction paper with feather butterflies, plastic flies, spiders, and memorial rosette reading “forgetting,” 47 1/2 x 30 1/2 x 12 inches (framed)
“Studies for a vocabulary of loss XXVIII” (2024), digital print on archival watercolor paper and construction paper with feather butterflies, plastic flies, roaches, and memorial rosette reading “perdition,” 47 1/2 x 30 1/2 x 12 inches (framed)
Detail of “Studies for a vocabulary of loss XXVIII” (2024)
“Studies for a vocabulary of loss XXII” (2024), digital print on archival watercolor paper and construction paper with feather butterflies, plastic flies, spiders, and memorial rosette reading “forgetting,” 47 1/2 x 30 1/2 x 12 inches (framed)
Detail of “Studies for a vocabulary of loss XXII” (2024)
“Studies for a vocabulary of loss XXIX” (2024), digital print on archival watercolor paper and construction paper with feather butterflies, plastic flies, roaches, spiders, and memorial rosette reading “lack,” 47 1/2 x 30 1/2 x 12 inches (framed)

Do stories and artists like this matter to you? Become a Colossal Member today and support independent arts publishing for as little as $5 per month. The article Loss, Grief, and Renewal Spring Forth in Ebony G. Patterson’s Paper Assemblages appeared first on Colossal.

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