Toyota to pay big to settle suits

Toyota Motor Corp., moving to put years of legal problems behind it, has agreed to pay more than $1 billion to settle dozens of lawsuits relating to sudden acceleration.

The proposed deal, filed Wednesday in federal court, would be among the largest ever paid out by an automaker. It applies to numerous suits claiming economic damages caused by safety defects in the automaker's vehicles, but does not cover dozens of personal injury and wrongful-death suits that are still pending around the nation.

The suits were filed over the last three years by Toyota and Lexus owners who claimed that the value of their vehicles had been hurt by the potential for defects, including floor mats that could cause the vehicles to surge out of control.

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In addition, Toyota said it is close to settling suits filed by the Orange County district attorney and a coalition of state attorneys general who had accused the automaker of deceptive business practices. The costs of those agreements would be included in a $1.1-billion charge the Japanese automaker said it will take against earnings to cover the actions.

"We concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers," Christopher Reynolds, Toyota's chief counsel in the U.S., said in a statement.

Toyota's lengthy history of sudden acceleration was the subject of a series of Los Angeles Times articles in 2009, after a horrific crash outside San Diego that took the life of an off-duty California Highway Patrol officer and his family.

Under terms of the agreement, which has not yet been approved in court, Toyota would install brake override systems in numerous models and provide cash payments from a $250-million fund to owners whose vehicles cannot be modified to incorporate that safety measure.

In addition, the automaker plans to offer extended repair coverage on throttle systems in 16 million vehicles and offer cash payments from a separate $250-million fund to Toyota and Lexus owners who sold their vehicles or turned them in at the end of a lease in 2009 or 2010. The total value of the settlement could reach $1.4 billion, according to Steve Berman, the lead plaintiff attorney in the case.

The lawsuits, filed over the last several years, had been seeking class certification.

News of the agreement comes scarcely a week after Toyota agreed to pay a record $17.35-million fine to the National Highway Traffic Safety Administration for failing to report a potential floor mat defect in a Lexus SUV. Those come on top of almost $50 million in fines paid by Toyota for other violations related to sudden acceleration since 2010.

The massive settlement does not, however, put Toyota's legal woes to rest. The automaker still faces numerous injury and wrongful death claims around the country, including a group of cases that have been consolidated in federal court in Santa Ana, and other cases awaiting trial in Los Angeles County.

The first of the federal cases, involving a Utah man who was killed in a Camry that slammed into a wall in 2010, is slated for trial in mid-February.

The California cases are set to begin in April, among them a suit involving a 66-year-old Upland woman who was killed after her vehicle allegedly reached 100 miles per hour and slammed into a tree.

Edgar Heiskell III, a West Virginia attorney who has a dozen pending suits against Toyota, said he is preparing to go to trial this summer in a case that involved a Flint, Mich., woman who was killed when her 2005 Camry suddenly accelerated near her home.

"We are proceeding with absolute confidence that we can get our cases heard on the merits and that we expect to prove defects in Toyota's electronic control system," he said.

Toyota spokesman Mike Michels said the settlement would have no bearing on the personal injury cases.

"All carmakers face these kinds of suits," he said. "We'll defend those as we normally would."

The giant automaker's sudden acceleration problems first gained widespread attention after the August 2009 crash of a Lexus ES outside San Diego.

That accident set off a string of recalls, an unprecedented decision to temporarily stop sales of all Toyota vehicles and a string of investigations, including a highly unusual apology by Toyota President Akio Toyoda before a congressional committee. Eventually Toyota recalled more than 10 million vehicles worldwide and has since spent huge sums — estimated at more than $2 billion, not including Wednesday's proposed settlement — to repair both its automobiles and public image.

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Chicago parking meter rates to rise again in 2013

In an annual ritual that has become as predictable if not as joyous as a New Year’s Eve countdown to midnight, Chicago drivers again will have to dig a little deeper to pay to park at meters in 2013.

Loop rates will go up 75 cents to $6.50 an hour as part of scheduled fee increases included in Mayor Richard Daley’s much-criticized 2008 lease of the city’s meters to Chicago Parking Meters LLC.

Paid street parking in neighborhoods near the Loop will rise 25 cents and reach $4 an hour. Metered spaces in the rest of Chicago also will increase by a quarter per hour, to $2, according to the company.

Come the new year, workers will begin adjusting the now-familiar pay boxes to reflect the new rates in the Loop, from there working outward into the neighborhoods, the company said in a news release Wednesday.

Chicago Parking Meters hopes to have all the meters set to the new rates by the end of February, and drivers won’t have to pay the steeper rate until the box they’re using has been changed.

This is the last of the explicitly defined yearly meter jumps included in the company’s 75-year, $1.15 billion lease. But Chicago drivers shouldn’t expect the cost of parking to level out — starting in 2014, prices can be adjusted annually using a formula tied to the rate of inflation.

Daley’s parking meter deal has become something of a political boogeyman in Chicago over the years.

Mayor Rahm Emanuel has opted to bash it, talking occasionally about the bad deal reached by his predecessor and saying he won’t simply pay up when the company hands the city invoices for lost meter revenue due to street closures and other reasons.

The city's unpaid tab for lost parking meter revenue now tops $61 million as Emanuel disputes bills the company has sent. It’s unclear how much the city will be able to knock off that total.

Some aldermen, stung by constituents’ criticism of their overwhelming support of the meter lease barely two days after Daley handed them the proposal, have called on Emanuel to give them more time to consider far-reaching deals. Still, Emanuel’s digital billboard agreement quickly sailed through the council 43-6 this month despite opponents drawing comparisons to the parking meter deal.

Most parking meters in Chicago neighborhoods cost 25 cents an hour after the City Council approved the meter lease by a  40-5 vote in December 2008.

Neighborhood meters went up to $1 an hour in January 2009 and have increased each year since, along with those downtown.

jebyrne@tribune.com
Twitter @_johnbyrne

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Samsung Electronics seeks U.S. sales ban on some Ericsson products

SEOUL (Reuters) - Samsung Electronics said on Wednesday it had filed a complaint against Ericsson with the U.S. International Trade Commission (ITC), requesting a U.S. import ban and sales ban on some of the Swedish telecoms equipment maker's products.

The action taken on Friday by the world's top smartphone maker, which accused Ericsson of breaching seven of its patents, came after Ericsson requested an ITC U.S. import ban on Samsung products and sued the South Korean firm for patent infringement.

"We have sought to negotiate with Ericsson in good faith. However, Ericsson has proven unwilling to continue such negotiations by making unreasonable claims, which it is now trying to enforce in court," Samsung Electronics said in a statement.

"The accused Ericsson products include telecommunications networking equipment, such as base stations," Samsung said.

With Ericsson suffering a big drop in sales at its network unit, down 17 percent in the third quarter, it is turning to the courts to maintain its patent income, part of a wider trend where big technology names are fiercely protecting intellectual property as global sales of tablets and smartphones boom.

Ericsson is facing a growing challenge from Samsung Electronics, a smaller player in the network equipment market.

"I'm sure that at this point, no one in the industry would underestimate Samsung's ability to become a significant player, if not the leader, in a new segment of the overall market for telecommunications hardware," Florian Mueller, a patent expert, said in a blog posting on Monday.

"This certainly adds a more strategic dimension to the Ericsson-Samsung dispute."

Samsung Electronics and its arch smartphone rival Apple Inc have been also locked in patent disputes in at least 10 countries as they vie to dominate the mobile market and win over customers with their latest gadgets.

The European Commission on Friday charged Samsung Electronics with abusing its dominant position in seeking to bar rival Apple from using a patent deemed essential to mobile phone use.

Samsung Electronics shares were trading up 1.3 percent, outperforming the wider market's 0.7 percent gain as of 0037 GMT.

(Reporting by Hyunjoo Jin; Editing by Robert Birsel)

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Denver rolls, keeps top spot in AP Pro32 rankings

NEW YORK (AP) — Peyton Manning and his Broncos are closing in on the playoffs as the top team in the AP Pro32 NFL power rankings.

Denver strengthened its grip on the top spot Wednesday following its 10th win in a row, receiving nine first-place votes and 381 points in balloting by The Associated Press panel of 12 media members who regularly cover the league.

The AFC West champion Broncos (12-3) close out the regular season at home against Kansas City (2-13), 32nd and last in the rankings. The final AP Pro32 rankings will be released next Wednesday.

The NFC South champion Atlanta Falcons (13-2) moved up two places to second with one first-place vote and 363 points. Last week, the Broncos were first by three points over San Francisco, which dropped to sixth after being blown out by Seattle.

"Eleven in a row (after KC this weekend) and primed for a Super Bowl run," Rich Gannon of CBS Sports/Sirius XM said in voting the Broncos first.

"As expected the Broncos have become a scoring machine that also has good pass rushers. Still a chance they are the No. 1 seed in the AFC," Pat Kirwan of SiriusXM NFL Radio/CBSSports.com said.

The Seahawks (one first-place vote) were up two spots to fifth after routing the 49ers 42-13 on Sunday night.

"They have scored 120 points more than their last three opponents and officially have become the team no one wants to play in the postseason," Dan Pompei of the Chicago Tribune said.

Despite the loss, the 49ers still received a first-place vote.

"Admittedly, a HUGE mulligan," said ESPN's Chris Berman in sticking with the 49ers at No. 1.

Green Bay was up three spots to third after its 55-7 rout of Tennessee, while New England dropped a place to fourth after hanging on for a 23-16 win over No. 31 Jacksonville.

"If there's any solace from an unimpressive win at Jacksonville, the Patriots also seemed disinterested in their final two regular-season games last year before reaching Super Bowl," Alex Marvez of Foxsports.com said.

"Yes, the Patriots are hard to figure out, but this isn't: They're always a Super Bowl factor as long as Tom Brady is healthy," Clark Judge of CBSSports.com said.

Indianapolis, which clinched a playoff spot with a win over Kansas City, moved up to 10th in a season in which the Colts started out No. 32 in the first AP Pro32 rankings.

"Can an assistant coach be named the NFL's coach of the year? Colts offensive coordinator Bruce Arians has put himself in that position for his interim work filling in for ailing head coach Chuck Pagano this season," Rick Gosselin of the Dallas Morning News said.

And yes, Arians can win the award.

Minnesota, meanwhile, rose to No. 12 this week, and needs a win over Green Bay to earn a playoff spot. The Vikings started the season 29th.

"Adrian Peterson is finally getting a little help from his friends," Ira Kaufman of the Tampa Tribune said.

Philadelphia began the season No. 8 and dropped three more spots to No. 27 after a 27-20 loss to Washington. The Redskins, meanwhile, went the other way, starting at No. 25 and rising to No. 9 this week.

"It's very simple for the resurgent Redskins: beat the Cowboys on Sunday, and the division is theirs," Bob Glauber of Newsday said. "Would be an incredible finish for a team that looked to be out of it at 3-6."

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Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL

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Follow Richard Rosenblatt on Twitter at: http://www.twitter.com/rosenblattap

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Natalie Portman, Kristen Stewart most bankable Hollywood stars

NEW YORK (Reuters) – Actresses Natalie Portman and Kristen Stewart are Hollywood’s most bankable stars and provide studios with the highest average returns for their films, according to Forbes.com.

Academy award winner Portman topped the list of best actors for the buck, providing about $ 42.70 for every dollar she earns.

“Black Swan,” for which she won her best actress Oscar, was produced for an estimated $ 13 million and earned $ 329 million in global box office sales.

“We estimate that for every dollar Portman is paid by the studios, she returns $ 42.70. Compare that to Eddie Murphy, our most overpaid star, who returns $ 2.30 for every dollar he gets paid,” Forbes.com said.

“Twilight” star Stewart was not far behind, bringing in $ 40.60. She also topped the Forbes list of highest-earning actresses with an estimated $ 34.5 million in salary in 2012.

“Stewart was able to earn a ton over the last three years and offer a healthy return thanks to ‘Twilight,’” according to Forbes.com. “Even though she was paid $ 25 million to star in the last two films, she was clearly worth the money.”

Forbes.com analyzed salaries, estimated box office grosses from the actor’s last three films over the previous three years to calculate the studio’s return on investment. The most bankable stars tended to be featured in the most profitable films.

Stewart’s two co-stars in the “Twilight” films were also good investments for the studio. Robert Pattinson came in fourth with a return of $ 31.70 and Taylor Lautner was No. 6, making $ 29.50 for the studio for every dollar he was paid.

(This story was refiled to correct spelling of Kristen)

(Editing by Steve Orlofsky)

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Predicting who's at risk for violence isn't easy

CHICAGO (AP) — It happened after Columbine, Virginia Tech, Aurora, Colo., and now Sandy Hook: People figure there surely were signs of impending violence. But experts say predicting who will be the next mass shooter is virtually impossible — partly because as commonplace as these calamities seem, they are relatively rare crimes.

Still, a combination of risk factors in troubled kids or adults including drug use and easy access to guns can increase the likelihood of violence, experts say.

But warning signs "only become crystal clear in the aftermath, said James Alan Fox, a Northeastern University criminology professor who has studied and written about mass killings.

"They're yellow flags. They only become red flags once the blood is spilled," he said.

Whether 20-year-old Adam Lanza, who used his mother's guns to kill her and then 20 children and six adults at their Connecticut school, made any hints about his plans isn't publicly known.

Fox said that sometimes, in the days, weeks or months preceding their crimes, mass murderers voice threats, or hints, either verbally or in writing, things like "'don't come to school tomorrow,'" or "'they're going to be sorry for mistreating me.'" Some prepare by target practicing, and plan their clothing "as well as their arsenal." (Police said Lanza went to shooting ranges with his mother in the past but not in the last six months.)

Although words might indicate a grudge, they don't necessarily mean violence will follow. And, of course, most who threaten never act, Fox said.

Even so, experts say threats of violence from troubled teens and young adults should be taken seriously and parents should attempt to get them a mental health evaluation and treatment if needed.

"In general, the police are unlikely to be able to do anything unless and until a crime has been committed," said Dr. Paul Appelbaum, a Columbia University professor of psychiatry, medicine and law. "Calling the police to confront a troubled teen has often led to tragedy."

The American Academy of Child & Adolescent Psychiatry says violent behavior should not be dismissed as "just a phase they're going through."

In a guidelines for families, the academy lists several risk factors for violence, including:

—Previous violent or aggressive behavior

—Being a victim of physical or sexual abuse

—Guns in the home

—Use of drugs or alcohol

—Brain damage from a head injury

Those with several of these risk factors should be evaluated by a mental health expert if they also show certain behaviors, including intense anger, frequent temper outbursts, extreme irritability or impulsiveness, the academy says. They may be more likely than others to become violent, although that doesn't mean they're at risk for the kind of violence that happened in Newtown, Conn.

Lanza, the Connecticut shooter, was socially withdrawn and awkward, and has been said to have had Asperger's disorder, a mild form of autism that has no clear connection with violence.

Autism experts and advocacy groups have complained that Asperger's is being unfairly blamed for the shootings, and say people with the disorder are much more likely to be victims of bullying and violence by others.

According to a research review published this year in Annals of General Psychiatry, most people with Asperger's who commit violent crimes have serious, often undiagnosed mental problems. That includes bipolar disorder, depression and personality disorders. It's not publicly known if Lanza had any of these, which in severe cases can include delusions and other psychotic symptoms.

Young adulthood is when psychotic illnesses typically emerge, and Appelbaum said there are several signs that a troubled teen or young adult might be heading in that direction: isolating themselves from friends and peers, spending long periods alone in their rooms, plummeting grades if they're still in school and expressing disturbing thoughts or fears that others are trying to hurt them.

Appelbaum said the most agonizing calls he gets are from parents whose children are descending into severe mental illness but who deny they are sick and refuse to go for treatment.

And in the case of adults, forcing them into treatment is difficult and dependent on laws that vary by state.

All states have laws that allow some form of court-ordered treatment, typically in a hospital for people considered a danger to themselves or others. Connecticut is among a handful with no option for court-ordered treatment in a less restrictive community setting, said Kristina Ragosta, an attorney with the Treatment Advocacy Center, a national group that advocates better access to mental health treatment.

Lanza's medical records haven't been publicly disclosed and authorities haven't said if it is known what type of treatment his family may have sought for him. Lanza killed himself at the school.

Jennifer Hoff of Mission Viejo, Calif. has a 19-year-old bipolar son who has had hallucinations, delusions and violent behavior for years. When he was younger and threatened to harm himself, she'd call 911 and leave the door unlocked for paramedics, who'd take him to a hospital for inpatient mental care.

Now that he's an adult, she said he has refused medication, left home, and authorities have indicated he can't be forced into treatment unless he harms himself — or commits a violent crime and is imprisoned. Hoff thinks prison is where he's headed — he's in jail, charged in an unarmed bank robbery.

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Online:

American Academy of Child & Adolescent Psychiatry: http://www.aacap.org

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AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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Patrick Dempsey brews up coffee shop purchase

LOS ANGELES (AP) — Patrick Dempsey says he wants to rescue a coffee house chain and more than 500 jobs.

The "Grey's Anatomy" star said Wednesday he's leading a group attempting to buy Tully's Coffee. The Seattle-based company filed for Chapter 11 bankruptcy protection in October.

Dempsey said he's excited about the chance to help hundreds of workers and give back to Seattle.

The actor has a strong TV tie to the city: He plays Dr. Derek Shepherd on "Grey's Anatomy," the ABC drama set at fictional Seattle Grace Hospital.

Tully's has 47 company-run stores in Washington and California, as well as five franchised stores and 58 licensed locations in the U.S.

Any sale would have to be approved by a judge. A bankruptcy court hearing is set for Jan. 11 in Seattle.

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Toyota agrees to settle acceleration cases for over $1 billion

A Toyota Logo is pictured on a Prius car at a Toyota dealership in west London (Toby Melville Reuters, REUTERS / December 26, 2012)

Reuters

5:44 p.m. CST, December 26, 2012

DETROIT (Reuters) - Toyota Motor Corp has agreed to pay as much as $1.4 billion to settle U.S. litigation claims that its vehicles suddenly and unintentionally accelerated, according to court filings made public Wednesday.

Toyota said it will take a one-time pre-tax charge of $1.1 billion to cover the estimated costs of the settlement.

Hagens Berman, the law firm representing Toyota owners who brought the case in 2010, said in a press release the settlement was valued between $1.2 billion and $1.4 billion. In a plaintiff memo filed in court, the firm estimated that the total package was "conservatively valued" at more than $1.3 billion.

The deal amounts to "a landmark, if not a record, settlement in automobile defect class action litigation in the United States," according to the plaintiff memo. Toyota described the settlement as a "significant step forward" for the Japanese automaker, which has seen its image take a hit from the controversy.

The settlement, which must be approved by a California federal judge, includes direct payments to customers as well as the installation of a brake override system in about 3.25 million vehicles, plaintiff attorneys said.

The terms include a $250 million fund for former Toyota owners who sold vehicles at reduced prices because of bad publicity, and a separate $250 million fund for owners not eligible for the brake override system.

Plaintiff attorneys are slated to receive up to $200 million in fees and $27 million in costs, according to court documents.

(Reporting by Deepa Seetharaman and Bernie Woodall; additional reporting by Dan Levine and Jonathan Stempel; Editing by Dan Grebler and Cynthia Osterman)

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NY man who shot firefighters: Killing 'what I like doing best'

NEW YORK (Reuters) - A gunman who killed two volunteer firefighters and wounded two others in a Christmas Eve ambush in upstate New York left a typewritten note saying he planned to burn down his neighborhood and start "killing people," authorities said on Tuesday.

The gunman, William Spengler, 62, opened fire on volunteer firefighters who responded to a house fire he deliberately set early on Monday morning in Webster, New York, a suburb of Rochester, authorities said.

Spengler shot and killed himself in an ensuing gunfight with police. He had spent 17 years in prison for beating his 92-year-old grandmother to death with a hammer in 1981, authorities said.

Police said Spengler set the fire, laying a trap for the firefighters, and began shooting when they arrived.

He left a typewritten note describing his intent, Webster Police Chief Gerald Pickering said at a televised news conference.

"I still have to get ready to see how much of the neighborhood I can burn down and do what I like doing best, killing people," Pickering read from the gunman's statement.

Investigators had found human remains in Spengler's burned-out house, where he lived with his sister, Cheryl Spengler, 67, Pickering said. The remains are assumed to be the sister's and a medical examiner will determine the cause of death.

"A CLEAR AMBUSH"

Spengler started shooting at the arriving firefighters before they got out of their fire truck, Pickering said. He shot out the truck's windshield as they tried to drive away, he said.

"This was a clear ambush on first responders," Pickering said. Police fired back at the gunman, he said. "It was a combat condition. They were shooting at muzzle flash," Pickering said.

Spengler was in a natural depression in an embankment near a tree when he opened fire, he said.

His motive for attacking firefighters remained unknown, Pickering said. It may have been related to contributions his mother had made to the local fire department, he said.

Pickering said he was not sure what the victims were shot with, but said Spengler had an "arsenal of ammunition" and three weapons - a Smith & Wesson .38 caliber revolver, a pump-action Mossberg shotgun, and a .223 Bushmaster rifle with a flash suppressor.

The same model Bushmaster rifle was used in the killing of 20 students and six teachers in Newtown, Connecticut, on December 14.

Authorities with the Bureau of Alcohol, Tobacco, Firearms and Explosives were checking on the origin of the weapons, he said.

As a convicted felon, Spengler could not legally own guns. Pickering said authorities were examining potential links between the weapons and thefts of guns in the county.

The firefighters killed in the attack were Lieutenant Michael Chiapperini and Tomasz Kaczowka, authorities said.

The injured firefighters were identified as Joseph Hofsetter and Theodore Scardino. Both men were listed in guarded condition at Strong Memorial Hospital in Rochester.

An off-duty police officer was wounded by shrapnel as he drove past the scene. The officer was treated at a hospital and released.

Seven homes in the neighborhood were destroyed by the fire, and two were uninhabitable, Pickering said.

(Reporting by Ian Simpson; Editing by Ellen Wulfhorst, Dan Grebler, Steve Orlofsky and Leslie Gevirtz)

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China may require real name registration for internet access

BEIJING (Reuters) - China may require internet users to register with their real names when signing up to network providers, state media said on Tuesday, extending a policy already in force with microblogs in a bid to curb what officials call rumors and vulgarity.

A law being discussed this week would mean people would have to present their government-issued identity cards when signing contracts for fixed line and mobile internet access, state-run newspapers said.

"The law should escort the development of the internet to protect people's interest," Communist Party mouthpiece the People's Daily said in a front page commentary, echoing similar calls carried in state media over the past week.

"Only that way can our internet be healthier, more cultured and safer."

Many users say the restrictions are clearly aimed at further muzzling the often scathing, raucous - and perhaps most significantly, anonymous - online chatter in a country where the Internet offers a rare opportunity for open debate.

It could also prevent people from exposing corruption online if they fear retribution from officials, said some users.

It was unclear how the rules would be different from existing regulations as state media has provided only vague details and in practice customers have long had to present identity papers when signing contracts with internet providers.

Earlier this year, the government began forcing users of Sina Corp's wildly successful Weibo microblogging platform to register their real names.

The government says such a system is needed to prevent people making malicious and anonymous accusations online and that many other countries already have such rules.

"It would also be the biggest step backwards since 1989," wrote one indignant Weibo user, in apparent reference to the 1989 pro-democracy protests bloodily suppressed by the army.

Chinese internet users have long had to cope with extensive censorship, especially over politically sensitive topics like human rights, and popular foreign sites Facebook, Twitter and Google-owned YouTube are blocked.

Despite periodic calls for political reform, the ruling Communist Party has shown no sign of loosening its grip on power and brooks no dissent to its authority.

(Reporting by Ben Blanchard and Huang Yan; Editing by Michael Perry)

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