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Microsoft, U.S. regulators head to court over $69 billion deal that could reshape video gaming

SAN FRANCISCO (AP) — Microsoft on Thursday will try to gain clearance to complete a $69 billion takeover of video game maker Activision Blizzard in a legal showdown with U.S. regulators that will reshape a pastime that’s bigger than the movie and music industries combined.

The battle will pit Microsoft’s ambition to expand its video game imprint beyond its Xbox console against the U.S. Federal Trade Commission’s bid to block a deal that it contends will stifle competition and innovation to the detriment of consumers.

It’s the latest twist in a deal that was announced 17 months ago. Both Microsoft CEO Satya Nadella and Activision Blizzard CEO Bobby Kotick are expected to testify at some point during five days of hearings in San Francisco before U.S. District Judge Jacqueline Scott Corley that will conclude June 29.

FTC lawyers will call upon experts and a top executive for Sony, the maker of the industry-leading PlayStation video game console, to show why Microsoft will gain an unfair advantage if it is allowed to blend its Xbox franchise with an Activision acquisition that will give it ownership of popular video game titles such as Call of Duty, World of Warcraft and Candy Crush.

After all the evidence and arguments are presented, Corley will decide whether or not to grant the FTC’s request for a court order that would keep the deal in a holding pattern until a more exhaustive administrative trial that’s scheduled to begin in Washington D.C. on August 2. The judge isn’t expected to rule until after the Fourth of July holiday.

If Corley declines to issue an injunction, Microsoft could move to close the deal ahead of a July 18 deadline and avert a $3 billion breakup fee.

The wrangling over the deal has cast a spotlight on the growing importance of video gaming, a pursuit that has already garnered an estimated of audience of about 3 billion people worldwide who play at least some of the time on a console, personal computer or, increasingly, smartphone. The market is expected to swell to 4.5 billion people by 2030.

All those gamers are willing to pay upwards of $70 to own marquee titles like Call of Duty or fork over a steady stream of recurring subscriptions to services such as Microsoft’s Xbox Game Pass, Amazon’s Luna and Nvida’s GeForce.

Microsoft is framing the proposed Activision deal as a way to make inroads against Sony’s PlayStation, which has a far larger market share, while providing new benefits for video game players. Among other things, Microsoft cites a 10-year commitment to make Call of Duty available on Nintendo’s Switch console and a willingness to make a similar decade-long deal with PlayStation, and also argues video gamers will gain more access to even more games on its Xbox subscription service.

The FTC has countered the deal will give too much power to Microsoft, already one of the world’s richest companies because of a personal computer software empire that the U.S. Justice Department tried to break up in landmark antitrust case more than 20 years ago. Regulators also allege Microsoft can’t be trusted not to gradually make the most popular video games exclusive to its own Xbox console and subscription services, based on its handling of titles after buying video game maker ZeniMax Media in 2021.

The hearings will also be another test of the FTC’s amped-up oversight of Big Tech under Chairperson Lina Khan, who has been outspoken about her belief that U.S. regulators were too lenient in past deals that helped increase the power of companies such as Amazon, Google and Facebook. The courtroom tussle with Microsoft comes six months after the FTC took Facebook owner Meta Platforms to court in Silicon Valley to try to stop a takeover of a virtual reality fitness company only to be rebuffed by the judge in that case.

The FTC could face challenges convincing Corley to block the Activision deal. The judge previously showed skepticism about the need to prevent the takeover in March when she dismissed a lawsuit brought by a group of gamers who sued to stop the acquisition.

Like regulators are now, the gamers argued that Microsoft’s takeover of Activision would stifle competition and reduce consumer choice. They later brought an amended lawsuit, but Corley in May denied their request for an injunction to block the deal.

Another major regulator, the U.K.’s Competition and Markets Authority, also has taken action to thwart Microsoft’s takeover.

But European regulators representing the 27-nation bloc approved the deal last month on condition that Microsoft make some promises meant to boost competition in the cloud-based gaming market. A number of other countries, including China, Japan, Brazil and South Korea, have also approved it.

Microsoft has lashed back against the British regulators standing in its way with an appeal of their decision, as well as voicing strong opposition to U.K. government officials.

EPA’s RFS rule draws rebukes from industry, Iowa politicians

By O. Kay Henderson (Radio Iowa)

The Environmental Protection Agency has released its final rule for biofuel blending requirements over the next three years, with ethanol production targets that are not as high as initially proposed in December.

Iowa Secretary of Agriculture Mike Naig said this latest EPA decision fails to meet the intent of the Renewable Fuels Standard. “It’s actually a pull back, if you will, and a disappointing number on ethanol in particular,” Naig said, “but it’s certainly doesn’t recognize the opportunity on the biodiesel and renewable diesel side.”

The rule does increase production requirements for biodiesel and renewable diesel, but Naig indicated those levels are below current usage. The state ag secretary is also accusing the EPA of pitting one sector of the renewable fuels industry against another by lowering the ethanol numbers.

“The point is to send signals and to set targets that will allow for not just the normal operation of the industry, but actually an expansion, a continued investment,” Naig told Radio Iowa, “and so when you don’t have that, when you are sending the opposite signal which is that we’re going to run along with the status quo or even less, you should expect that the economics for some of these plants just won’t add up.”

Naig, a Republican who’s been the state’s ag secretary since early 2018, said the Biden Administration has failed to support the benefits of renewable fuel production.  “Consumers are the ones who benefit from higher blends, domestic energy production,” Naig said, “so really it’s the price at the the pump that consumers are going to be hit with.”

Senator Chuck Grassley, a Republican from New Hartford, said for an administration “obsessed with reducing carbon emissions, this rule makes absolutely no sense.” Senator Joni Enrst, a Republican from Red Oak, said the Biden Administration is “refusing to recognize: that biodiesel and ethanol are homegrown, cleaner fuel solutions that are available today.

The president of the Iowa Corn Growers Association said the proposal “fails on all fronts” and the head of the Iowa Renewable Fuels Association said the EPA has set up a :lose-lose situation” for ethanol and biodiesel producers.

Critics say the Renewable Fuels Standard diverts too much prime farmland to produce fuel rather than food.

City of Oskaloosa Adopts New Vacant Buildings Code

OSKALOOSA — On June 19, 2023, the Oskaloosa City Council passed an ordinance creating a new Vacant Buildings Code to go into effect July 1, 2023. Buildings which are or become vacant,  partially vacant, or unoccupied must register with the city annually. Owners will provide property and contact information, an acknowledgement of applicable code standards, and an option to release information to potential buyers or developers. 

Property owners will have until November 17, 2023, to register, which is then repeated annually while the building remains vacant. Buildings must also be registered within 90 days of becoming  vacant or changing ownership. The city building inspector will perform an annual exterior inspection to ensure that the property is within the standards identified in Oskaloosa Municipal Code Section 15.34. The registration fee is $100.00 per building, per year. 

A vacant building is any building which is unoccupied, or no person resides in the building or  operates a lawful business open regularly for business. A building will also be considered vacant if it is unsecured, declared unfit for occupancy, a dangerous or dilapidated building, subject to health or safety violations, or lacks one or more utilities for 180 consecutive days. Some exemptions apply. 

Recent feedback from residents indicates repeat concerns with empty, underutilized buildings and buildings in poor condition. Studies indicate a strong need for more housing. Oskaloosa’s comprehensive plan includes a vision to improve quality of life, with goals for quality neighborhoods and a range of housing types, encouraging reinvestment and enhancement, conservation rather than demolition, and improving safety. One of the adopted action steps is to  create a vacant building registry with inspection procedures. The program will help ensure buildings are safe, secure, and maintained with no code violations or illicit activity. 

For additional information regarding vacant building registration or inspection, please visit https://www.oskaloosaiowa.org/619/Vacant-Buildings or contact the Development Services Department at 641-673-9431.

Osky softball sweeps #12 Grinnell to snap skid

By Sam Parsons

The Oskaloosa Indians softball team entered Monday night’s doubleheader against #12 (3A) Grinnell on the heels of a difficult week that saw them go 0-6 against some tough competition, including games against #6 (4A) Indianola, #2 (4A) Dallas Center-Grimes, and #7 (4A) Norwalk. With a 6-15 record and a 7 game losing streak active, the Indians were searching for a morale boost against a ranked conference foe.

They were able to find it in the first game of the doubleheader. After Grinnell struck first in the top of the 1st inning with Gretta Dodd scoring on an error, the Indian bats came alive in the bottom of the 2nd. After 8th grader Cylee Smith and sophomore Shannon Van Rheenen both rapped singles and junior Hailey Harbour reached base after getting plunked, junior Kassie Johnson came to the plate with the bases loaded and 2 outs and came through with a bases-clearing triple to take a 3-1 lead.

Grinnell responded with 2 runs in the top of the 3rd to tie the game at 3-3, courtesy of two singles and an error. But Oskaloosa took the lead right back in the bottom of the frame as senior Maleah Walker led the inning off with a triple, senior Lucy Roach walked, and then Cylee Smith hit an RBI double to drive Walker in. A suicide squeeze by junior Lydia Van Veldhuizen and an RBI groundout by Van Rheenen capped off the inning to make it 6-3 Oskaloosa.

The Indians would not relinquish the lead from there. Another offensive outburst came in the 6th inning when the team plated 6 runs on 4 hits. Van Rheenen went the distance in the circle, racking up 8 strikeouts and giving up 5 hits and 5 runs (2 earned). The game finished with a 13-5 final as Osky snapped their 7 game skid.

Cylee Smith would get the ball to start the nightcap, which turned out to be much more suspenseful than the opener. Smith ran into trouble out of the gate with the Tigers’ Ella Grife, Gretta Dodd, and Rhiannon Rees all collecting singles, scoring two runs in the process. The Indians would answer with three of their own, however: Haylee Parker reached on an infield single, and then Maleah Walker reached on an error to set the stage for an RBI single from Smith to help her own cause. Lydia Van Veldhuizen would bring Walker in with a suicide squeeze bunt, and an error would bring in Jenna Harbour running for Smith to make it 3-2 Osky after 1.

A scoreless second was followed by Grinnell evening the score. Ella Grife led off the 3rd inning with a double, and then Gretta Dodd drove her in with a 2-bagger of her own to make it 3-3. That was the extent of the damage that the Tigers would do on Smith, however, as the 8th grader lasted 5 frames, giving up 3 earned runs on 5 hits with 4 strikeouts and no walks allowed.

Osky’s bats were held mostly silent in innings 2-5 by Grife in the circle, but with the game still tied 3-3, they got going in the bottom of the 6th. Lucy Roach and Cylee Smith – who had 5 hits across the twin bill – led off the inning with back-to-back singles. A flyout and a groundout would put runners at 2nd and 3rd with two outs for Hailey Harbour, who took the first pitch she saw to the opposite field and drove in two runs with a single to make it 5-3 Oskaloosa entering the final frame.

Grinnell would make it an interesting conclusion: an error, a walk, and a single loaded the bases with no outs, but Katelyn Van Compernolle grounded into a fielder’s choice with Mayci Andrews getting thrown out at the plate to keep the score 5-3. Gretta Dodd would follow with a single, but it only yielded one run; another fielder’s choice grounder to Roach resulted in another big out at home, and then Kylee Bond flew out to right field to end the game at 5-4 Indians.

The sweep boosted Osky’s record to 8-15. Their next game comes on Wednesday with a home matchup against Pella Christian. That game will be broadcast on KMZN 740/99.5 and on radiokmzn.com.

Hunter Biden will plead guilty in a deal that likely averts time behind bars in a tax and gun case

WASHINGTON (AP) — President Joe Biden’s son Hunter will plead guilty to federal tax offenses but avoid full prosecution on a separate gun charge in a deal with the Justice Department that likely spares him time behind bars.

Hunter Biden, 53, will plead guilty to the misdemeanor tax offenses as part of an agreement made public Tuesday. The agreement will also avert prosecution on a felony charge of illegally possessing a firearm as a drug user, as long as he adheres to conditions agreed to in court.

The deal ends a long-running Justice Department investigation into the taxes and foreign business dealings of President Biden’s second son, who has acknowledged struggling with addiction following the 2015 death of his brother Beau Biden. It also averts a trial that would have generated days or weeks of distracting headlines for a White House that has strenuously sought to keep its distance from the Justice Department.

The president, asked about the development at a meeting on another subject in California, said simply, “I’m very proud of my son.” The White House counsel’s office said in a statement that the president and first lady Jill Biden “love their son and support him as he continues to rebuild his life.”

While the agreement requires the younger Biden to admit guilt, the deal is narrowly focused on tax and weapons violations rather than anything broader or tied to the Democratic president. Nonetheless, former President Donald Trump and other Republicans continued to try to use the case to shine an unflattering spotlight on Joe Biden and to raise questions about the independence of the Biden Justice Department.

Trump, challenging President Biden in the 2024 presidential race, likened the agreement to a “mere traffic ticket,” adding, “Our system is BROKEN!”

House Speaker Kevin McCarthy compared the outcome to the Trump documents case now heading toward federal court and said, “If you are the president’s son, you get a sweetheart deal.” Florida Gov. Ron DeSantis, another presidential challenger, used the same term.

Two people familiar with the investigation said the Justice Department would recommend 24 months of probation for the tax charges, meaning Hunter Biden will not face time in prison. But the decision to go along with any deal is up to the judge. The people were not authorized to speak publicly by name and spoke to The Associated Press on the condition of anonymity.

He is to plead guilty to failing to pay more than $100,000 in taxes on over $1.5 million in income in both 2017 and 2018, charges that carry a maximum possible penalty of a year in prison. The back taxes have since been paid, according to a person familiar with the investigation.

The gun charge states that Hunter Biden possessed a handgun, a Colt Cobra .38 Special, for 11 days in October 2018 despite knowing he was a drug user. The rarely filed count carries a maximum sentence of up to 10 years in prison, but the Justice Department said Hunter Biden had reached a pretrial agreement. This likely means as long as he adheres to the conditions, the case will be wiped from his record.

Christopher Clark, a lawyer for Hunter Biden, said in a statement that it was his understanding that the five-year investigation had now been resolved.

“I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life,” Clark said. “He looks forward to continuing his recovery and moving forward.”

The agreement comes as the Justice Department pursues perhaps the most consequential case in its history against Trump, the first former president to face federal criminal charges. The resolution of Hunter Biden’s case comes just days after a 37-count indictment against Trump in relation to accusations of mishandling classified documents on his Florida estate. It was filed by a special counsel, appointed by Attorney General Merrick Garland to avoid any potential conflict of interest in the Justice Department.

That indictment has nevertheless brought an onslaught of Republican criticism of “politicization” of the Justice Department. Meanwhile, congressional Republicans continue to pursue their own investigations into nearly every facet of Hunter Biden’s business dealings, including foreign payments.

Rep. James Comer, the Republican chairman of the House Oversight Committee, said the younger Biden is “getting away with a slap on the wrist,” despite investigations in Congress that GOP lawmakers say show — but have not yet provided evidence of — a pattern of corruption involving the family’s financial ties.

Democratic Sen. Chris Coons of Delaware, on the other hand, said the case was thoroughly investigated over five years by U.S. Attorney David Weiss, a Delaware prosecutor appointed by Trump.

Resolution of the case, Coons said, “brings to a close a five-year investigation, despite the elaborate conspiracy theories spun by many who believed there would be much more to this.”

California Gov. Gavin Newsom, who was scheduled to campaign with the president Tuesday evening, reaffirmed his support for Biden’s reelection.

“Hunter changes nothing,” Newsom told the AP on Tuesday.

Misdemeanor tax cases aren’t common, and most that are filed end with a sentence that doesn’t include time behind bars, said Caroline Ciraolo, an attorney who served as head of the Justice Department’s tax division from 2015 to 2017. An expected federal conviction “is not a slap on the wrist,” she said.

Gun possession charges that aren’t associated with another firearm crime are also uncommon, said Keith Rosen, a past head of the criminal division in the U.S. Attorney’s Office in Delaware. For people without a significant criminal history, the total number of multiple types of illegal possession cases filed every year in Delaware amounts to a handful, he said.

The Justice Department investigation into the president’s son burst into public view in December 2020, one month after the 2020 election, when Hunter Biden revealed that he had received a subpoena as part of the department’s scrutiny of his taxes. The subpoena sought information on the younger Biden’s business dealings with a number of entities, including Burisma, a Ukraine gas company on whose board he sat. A federal grand jury in Delaware heard testimony related to his taxes and foreign business transactions.

In February 2021, the department sought the resignation of most Trump-era U.S. attorneys, as is customary in a new presidential administration, but made a point of noting that it was leaving Weiss in place as a way to ensure continuity in the probe. Weiss said in a June 7 letter to House Judiciary Committee Chairman Jim Jordan that he had “ultimate authority” over the investigation.

At a congressional hearing last August, FBI Director Christopher Wray confirmed that the investigation remained active out of the bureau’s Baltimore field office and said it was a matter that “I expect our folks to pursue aggressively.”

Garland pledged not to interfere in the probe at another hearing in March. An unnamed IRS special agent, though, later alleged mishandling of the investigation in a letter to Congress in which he sought whistleblower protection.

The younger Biden joined the board of Burisma in 2014, around the time his father, then Barack Obama’s vice president, was helping conduct the Obama administration’s foreign policy with Ukraine. Trump and his allies have long argued, without evidence, that Hunter Biden’s work in Ukraine influenced the Obama administration’s policies.

Years before the case was brought, Hunter Biden surfaced as a central character in the first impeachment case against Trump, who in an apparent bid to boost his own reelection bid had asked Ukraine’s president, Volodymyr Zelenskyy, in a telephone call to announce an investigation into the younger Biden.

Republicans later sought to make Hunter Biden’s business dealings in Ukraine a prominent issue during the 2020 presidential election.

In October of that year, the New York Post reported that it had received from Trump’s personal attorney Rudy Giuliani a copy of a hard drive of a laptop that Hunter Biden had dropped off 18 months earlier at a Delaware computer repair shop and never retrieved.

The story was greeted with skepticism due to questions about the laptop’s origins, including Giuliani’s involvement, and because top officials in the Trump administration had already warned that Russia was working to denigrate Joe Biden ahead of the November election. No evidence has emerged of any Russian connection to the laptop or to emails found on the device.

Blood centers seek more donors as summer need increases

By Matt Kelley (Radio Iowa)

Multiple tornadoes tore through the Texas Panhandle town of Perryton last Thursday, killing three people, and Iowa blood donors helped Texas hospitals to treat the dozens of wounded.

LifeServe Blood Centers in Iowa are part of a national network called the Blood Emergency Readiness Corps or BERC. LifeServe spokeswoman Danielle West says when there’s a disaster in one area of the country, blood centers elsewhere can respond immediately. “They received blood last week from a few blood centers and now it’s really a standby situation where we’re just waiting to hear more from them,” West says, “but I would definitely urge all Iowans to come out and donate blood as soon as they can because our community blood supply is not as high as we would like it to be either.”

BERC includes 36 blood centers nationwide that commit to preparing for mass transfusion disasters by collecting extra units for an emergency reserve. West is calling on all Iowans to donate a pint, whatever their blood type.  “Usually O-negative and O-positive are used most often in trauma situations because they can go to the most patients,” West says, “but really all of our blood types across the board right now are lower than we’d like them to be. We’re urging any blood donor, new, if it has been a while, or if they’re a consistent donor, to come in as soon as they can.”

LifeServe is on-call though BERC every three weeks to help if needed. When on-call, LifeServe sets aside units of type O-positive and O-negative blood for possible deployment. If they’re not needed, the units are returned to the regular inventory for local use. West says this week’s hot weather is a reminder that blood is always in high demand.  “As we head into the summer, our physicians refer to summer as ‘trauma season’ because there are more accidents, people are more active, the need for blood increases,” West says, “so we’re hoping people can come out as soon as they can because we know we’re going to need it as we head into July 4th and some of our busy summer time.”

LifeServe provides blood and blood products to 158 hospitals in Iowa, Nebraska and South Dakota. To donate, call 800-287-4903 or visit www.lifeservebloodcenter.org.

Oskaloosa City Council Approves “One West” Site Plan Application

By Sam Parsons

The Oskaloosa City Council met on Monday and approved a site plan application from Brian Ridge of Commercial Edge for a proposed 3-story, mixed-use building on a 3-acre site on Coal Mine Loop at Gateway Commercial Park.

The building will include basement parking, first floor commercial space, and second/third floor apartments. The lower level includes 40 parking stalls and elevator access to the floors above, and 40% of its space will be used for offices, with the rest remaining vacant with the potential to accommodate up to 3 tenants. The two upper levels will feature thirty-one (31) apartments, which will be a mix of 1, 2 and 3-bedroom units, most with balconies. 

Exterior building colors and materials have not been finalized but are expected to include stone veneer and fiber cement siding. To meet sidewalk requirements, a trail extension will be added along Coal Mine Loop.

The approval comes after the city passed a zoning ordinance amending their zoning code to accommodate the development: the city changed the “Downtown Residential” land use type to “Mixed Use Residential.”

No timeline was given for the project on Monday.

City of Oskaloosa Receives RISE Grant for Southeast Connector

OSKALOOSA – Last Wednesday, a funding commitment from the Revitalize Iowa’s Sound Economy (RISE) Fund was approved by the Iowa Department of Transportation Commission for a connector project at the Oskaloosa Innovation Park, through the RISE Local Development program. This grant will assist in the construction of approximately 10,000 feet of new roadway connecting Iowa 23 and U.S. 63, turn lanes at Iowa 23 and 17th Avenue East, Iowa 23 and Osburn Avenue, Iowa 23 and proposed connector, and U.S. 63 and proposed connector located southeast of Oskaloosa.

The city says the project is necessary to provide improved access to more than 517 acres; including the Oskaloosa Innovation Park, a proposed Iowa Economic Development Authority Certified Site of approximately 490 acres, and an additional 27 acres that will be opened for RISE eligible development.

“We appreciated working with the City of Oskaloosa and the State of Iowa moving this important project forward,” said Mahaska County Board Chair, Mark Groenendyk.

“This is a big deal for the city as the project checks all the boxes. It’s a poster child for community project and how the team can come together to advance the community’s interest,” said Oskaloosa City Manager, Amal Eltahir.

The estimated total project cost is $15,600,563, and the total estimated RISE grant is $10,140,366 ($5,881,412 from the county share and $4,258,954 from the city share) or up to 65 percent of the total project cost, whichever is less. The actual award amount is subject to change as project plans are finalized.

For more information, please contact: Andrew McGuire, Mahaska County Engineer, mcguire@mahaskacountyia.gov or Amal Eltahir, Oskaloosa City Manager, aeltahir@oskaloosaiowa.org.

American woman who was pushed and fell 165 feet near German castle is released from hospital

BERLIN (AP) — Police in southern Germany said Monday that an American tourist who was pushed into a ravine during an attack near Neuschwanstein castle in which her 21-year-old friend was killed has been released from the hospital.

The 22-year-old woman had tried to stop a 30-year-old Michigan man from allegedly assaulting her friend after luring them onto a trail leading to a viewpoint overlooking the famous castle, which draws more than a million tourists every year.

The older woman fell nearly 50 meters (165 feet) down a steep slope but was able to leave the hospital Friday, police spokesperson Holger Stabik said.

Both women were recovered by mountain rescuers shortly after the attack Wednesday, but the younger victim later died of her injuries in the hospital.

The suspect, whose name like those of the victims wasn’t released due to German privacy rules, was arrested shortly after the incident. He is being held on suspicion of murder, attempted murder and attempted sexual assault.

Stabik said police have received about two dozen photos and videos on a specially created website and are appealing for anyone with additional images of the suspect and victims to come forward.

Prosecutors said the women did not know the man until the incident.

A spokesperson for the prosecutors’ office in Kempten, Thomas Hörmann, said the investigation into the incident is continuing but it may be three or four months before authorities decide on an indictment.

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