Instagram furor triggers first class action lawsuit

SAN FRANCISCO (Reuters) – Facebook‘s Instagram photo sharing service has been hit with what appears to be the first civil lawsuit to result from changed service terms that prompted howls of protest last week.

In a proposed class action lawsuit filed in San Francisco federal court on Friday, a California Instagram user leveled breach of contract and other claims against the company.

“We believe this complaint is without merit and we will fight it vigorously,” Facebook spokesman Andrew Noyes said in an e-mail.

Instagram, which allows people to add filters and effects to photos and share them easily on the Internet, was acquired by Facebook earlier this year for $ 715 million.

In announcing revised terms of service last week, Instagram spurred suspicions that it would sell user photos without compensation. It also announced a mandatory arbitration clause, forcing users to waive their rights to participate in a class action lawsuit except under very limited circumstances.

The current terms of service, in effect through mid-January, contain no such liability shield.

The backlash prompted Instagram founder and CEO Kevin Systrom to retreat partially a few days later, deleting language about displaying photos without compensation.

However, Instagram kept language that gave it the ability to place ads in conjunction with user content, and saying “that we may not always identify paid services, sponsored content, or commercial communications as such.” It also kept the mandatory arbitration clause.

The lawsuit, filed by San Diego-based law firm Finkelstein & Krinsk, says customers who do not agree with Instagram’s terms can cancel their profile but then forfeit rights to photos they had previously shared on the service.

“In short, Instagram declares that ‘possession is nine-tenths of the law and if you don’t like it, you can’t stop us,’” the lawsuit says.

Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation who had criticized Instagram, said he was pleased that the company rolled back some of the advertising terms and agreed to better explain their plans in the future.

However, he said the new terms no longer contain language which had explicitly promised that private photos would remain private. Facebook had engendered criticism in the past, Opsahl said, for changing settings so that the ability to keep some information private was no longer available.

“Hopefully, Instagram will learn from that experience and refrain from removing privacy settings,” Opsahl said.

The civil lawsuit in U.S. District Court, Northern District of California, is Lucy Funes, individually and on behalf of all others similarly situated vs. Instagram Inc., 12-cv-6482.

(Reporting by Dan Levine; Editing by Dan Grebler)

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Reaction to the death of actor Jack Klugman

Celebrities on Monday reacted to the death of “Odd Couple” star Jack Klugman, who died Monday at age 90. Here are samples of sentiments expressed on Twitter:

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“R.I.P. Jack Klugman, Oscar, Quincy a man whose career spanned almost 50 years. I first saw him on the Twilight Zone. Cool guy wonderful actor.” — Whoopi Goldberg.

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“You made my whole family laugh together.” — Actor Jon Favreau, of “Swingers,” ”Iron Man” and other films.

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“I worked with Jack Klugman several years ago. He was a wonderful man and supremely talented actor. He will be missed” — Actor Max Greenfield, of the “New Girl” on Fox.

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“So sorry to hear that Jack Klugman passed away. I learned a lot, watching him on television” — Dan Schneider, creator of Nickelodeon TV shows “iCarly,” ”Drake and Josh” ”Good Burger,” ”Drake & Josh.”

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Gifts That Keep Giving (if Not Exploding)

Gregory Tobias/Chemical Heritage Foundation Collections

A Chemcraft set from the mid-1950s. More Photos »

Ask scientists of a certain age about their childhood memories, and odds are they’ll start yarning about the stink bombs and gunpowder they concocted with their chemistry sets. Dangerous? Yes, but fun.

“Admittedly, I have blown some things up in my time,” said William L. Whittaker, 64, a robotics professor at Carnegie Mellon University who unearthed his first chemistry set, an A. C. Gilbert, in a junkyard around age 8. By 16, he was dabbling in advanced explosives. “There’s no question that I burned some skin off my face,” he recalled.

Under today’s Christmas tree, girls and boys will unwrap science toys of a very different ilk: slime-making kits and perfume labs, vials of a fluff-making polymer called Insta-Snow, “no-chem” chemistry sets (chemical free!), plus a dazzling array of modern telescopes, microscopes and D.I.Y. volcanoes. Nothing in these gifts will set the curtains on fire.

“Basically, you have to be able to eat everything in the science kit,” said Jim Becker, president of SmartLab Toys, who recalled learning the names of chemicals from his childhood chemistry set, which contained substances that have long since been banned from toys.

Some scientists lament the passing of the trial-and-error days that inspired so many careers. “Science kits are a lot less open-ended these days,” said Kimberly Gerson, a science blogger who lives outside Toronto. “Everything is packaged. It’s either ‘yes’ or ‘no.’ If you don’t get the right result, you’ve done it wrong and you’re out of chemicals.”

Others, though, say the new crop of science toys — even with their cartoonish packaging and heavy emphasis on neon goo — actually represent progress. More entertaining, educational and accessible than earlier products, which relied heavily on a child’s inner motivation, these toys may actually help democratize the learning of science and introduce children to scientific methods and concepts at an earlier age.

“I grew up in the 1960s, and a lot of the chemistry sets were kind of boring,” said William Gurstelle, a science and technology writer. “You’d go through the book, and at the end of the experiment you’d get some light precipitate at the bottom of the beaker. Maybe at most it changes color or something.”

Mr. Gurstelle’s books, which include “Whoosh Boom Splat” and “Backyard Ballistics,” teach people how to make dangerous projectiles, like a potato cannon that uses hair spray as launching fluid. But he had high praise for commercial science kits, which show children (among other things) how to make slime.

Jeff Swensen for The New York Times

William L. Whittaker at the Planetary Robotics Lab at Carnegie Mellon University surrounded by the robots he has created.

“Well, that’s a pretty cool thing to have when you’re done,” Mr. Gurstelle said. “You’re not going to really learn to be a chemist from a chemistry set when you’re in seventh grade; you’re just going to be inspired. The point is that new chemistry sets and new toys are just better, because the manufacturers have figured out how to make them more fun.”

Some toy makers, like SmartLab, Mr. Becker’s company, have used this philosophy to give classic toys a makeover. One of SmartLab’s takes on a chemistry set, for instance, is the Extreme Secret Formula Lab, which comes with “squishy-lidded bubble test tubes” and “an abundance of glow-in-the-dark powder.” The game of Mousetrap has been re-envisioned as the Weird and Wacky Contraption Lab, meant to bring out children’s Rube Goldberg talents. And the slot car tracks that Mr. Becker recalls snapping together in his youth have been translated into a robot called ReCon 6.0, which children can program to roam around.

Mike Kane for The New York Times

Jim Becker of SmartLab Toys.

“What we do is give kids the opportunity to learn through problem solving,” Mr. Becker said.

Of course, technology has also remade the experience of learning science. Children may be more likely to click on a science app than to go play outside.

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Raging fire guts Kabul market

KABUL, Afghanistan -- Firefighters battled through the night to contain a raging fire that swept through a market in the Afghan capital.

No injuries were reported, but the blaze destroyed hundreds of stores and millions of dollars worth of merchandise, Afghan police and firefighters said at the scene. 

Dealers at the neighboring currency exchange, the city’s largest, said they evacuated cash, computer equipment and records from their shops as the flames approached during the night. But in the morning, the market was jammed with people haggling over thick stacks of notes as smoke billowed overhead.

Col. Mohammed Qasem, general director of the Kabul fire department, said he suspected an electrical short was to blame for the fire. 

Gas canisters used to heat the stores propelled the flames, along with the cloth and clothing sold by many of the vendors, Qasem said. “It made it very big in a short time.”

Firefighters from the Afghan defense department and NATO forces were sent to assist. But the city’s notorious traffic and the market’s narrow lanes made it difficult for responders to maneuver their vehicles, Qasem said.

Abdulrahman, who like many Afghans has only one name, squatted near a fire truck with his head in his hands  as responders aimed a hose at the blackened ruins of a building still smoldering at noon Sunday, more than 12 hours after the fire broke out.

He said the building had contained three shops that he owned and a warehouse full of glassware, crockery and kitchen utensils. 

“I lost everything,” he said.

Shirali Khan complained that police hadn't allowed him to remove the goods from his four clothing stores.

“They thought we were all robbers,” he said.  “There’s only ashes left.”

ALSO:

Pope pardons former butler convicted of theft

Bombing kills local official, 7 other people in Pakistan

Tensions high as vote on proposed Egyptian constitution continues

Special correspondent Hashmat Baktash contributed to this report.

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How to Get Free Last-Minute Shipping

First, the bad news: the cut off for free shipping on most online sites was Tuesday, Dec 18^th. But the good news – we’ve got some sneaky ways to finagle free rush shipping and a list of sites still offering free shipping guaranteed to arrive before December 25^th.

Free Rush Shipping
Some of the biggest online retailers are still offering free last minute shipping:

• Barnes & Noble – free shipping on Nook HD through Dec. 22


• MacMall – free 2-day shipping on orders over $ 299 and under 25lbs – through 6 p.m. PST Dec. 22.


• Macy’s – free shipping on orders over $ 99. Place order 11:59 p.m. EST Dec. 20.


• The Northface – free 2-day shipping on everything through 11:59 p.m. Dec. 19.


• Walmart.com has extended free shipping through December 19^th on some items (check product page for eligibility)


• Overstock.com – free shipping on select gifts. Place order by Dec. 22 to receive by Christmas.


• Newegg   Free 2-Day shipping on over 200 items


• Target – free shipping on Daily Deals


• Victoria’s Secret – free shipping on orders over $ 100 using code “SHIP12.” Order by 5 p.m. EST on Dec. 20.


• Zappos – free shipping for all items with guaranteed Christmas delivery if ordered by 11:59 p.m. PST Dec. 22.

And the biggest of the big online retailers, Amazon, has a limited set of items available for free expedited shipping. These include jewelry, watches, clothing, video games, laptops, headphones, and kitchen items.

[Related: Great Gifts for Under $ 25]

But since many of the above deals are limited to select items, take a look at…

How to Get Free 2-Day Shipping on Just About Everything
Amazon Prime is a yearly subscription service. In exchange for a $ 79 fee, you get free 2 day shipping all year long. And yes, that also applies at Christmas (must order by 3 p.m. EST Dec. 22 to receive on time). Best deal is that you can get a free 6-month trial.

And here’s the real sneaky surprise: Do you have a family member who already belongs to Prime? They can nominate up to four people for the same free shipping benefits. Prime members nominate someone by going to their account, clicking “Settings” and “Manage Prime Membership.”

Also, Amazon Student is a free 6-month membership to Prime with all the benefits, providing you have an email address that ends in .edu.

But you don’t have to limit yourself to Amazon. Shoprunner.com also offers free 2-day shipping, though the membership service costs $ 8.95 a month – so not entirely free, but if you have numerous items still to buy, you could save a bundle.  And Shoprunner has tons of participating online retailers like Toys R Us, Sports Authority, Claire’s, PetSmart and EMS. Say you want to buy something from PetSmart.com, if you sign in with Shoprunner, many of the items on the site will be eligible for free 2-day shipping. One more thing to try: I was able to sign up for a free 1-year membership to Shoprunner using the promo code RUNNER. The site implied I had to be an American Express member, but it never asked for my details about the credit card, and now I have a membership. Good luck.

Ship to Store
Finally, the best last-minute option for many is to ship to store. You peruse all the options from home, pay online, and then pick up your selection at your local store. Tons of big retailers offer this service, and it guarantees your item will be in stock and waiting for you at customer service. Major retailers offering free Ship to Store include:

• Best Buy


• Target


• Toys R Us


• Walmart


• Sears

[Related: Best E-Reader for Under $ 100]

Brad Marshland contributed to this story.

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Reality TV star Bethenny Frankel and husband to separate

NEW YORK (Reuters) – Reality TV star Bethenny Frankel and her husband Jason Hoppy are separating, Frankel announced on Sunday.

“It brings me great sadness to say that Jason and I are separating. This was an extremely difficult decision that, as a woman and a mother, I have to accept as the best choice for our family,” Frankel said in a statement confirmed by her representative.

“We have love and respect for one another and will continue to amicably co-parent our daughter who is and will always remain our first priority. This is an immensely painful and heartbreaking time for us.”

Frankel, 42, and Hoppy married in March of 2010. They have a daughter, Bryn, who was born in May of 2010.

On Sunday, Frankel tweeted, “I am heartbroken. I am sad. We will work through this as a family.”

Frankel first attracted attention in 2008 on the reality show “The Real Housewives of New York City,” which chronicles the exploits of wealthy New York women. She went on to star in two other reality TV shows, “Bethenny Getting Married?” and “Bethenny Ever After…,” both of which centered on the couple’s marriage and child-rearing.

Frankel also founded the Skinnygirl line of cocktails, and has written several diet and self-help books. In 2012 she launched a talk show, “Bethenny,” which is set to air nationally in 2013.

(Reporting By Andrea Burzynski; Editing by Stacey Joyce)

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N.Y.U. and Others Offer Shorter Courses Through Medical School

Training to become a doctor takes so long that just the time invested has become, to many, emblematic of the gravity and prestige of the profession.

But now one of the nation’s premier medical schools, New York University, and a few others around the United States are challenging that equation by offering a small percentage of students the chance to finish early, in three years instead of the traditional four.

Administrators at N.Y.U. say they can make the change without compromising quality, by eliminating redundancies in their science curriculum, getting students into clinical training more quickly and adding some extra class time in the summer.

Not only, they say, will those doctors be able to hang out their shingles to practice earlier, but they will save a quarter of the cost of medical school — $49,560 a year in tuition and fees at N.Y.U., and even more when room, board, books, supplies and other expenses are added in.

“We’re confident that our three-year students are going to get the same depth and core knowledge, that we’re not going to turn it into a trade school,” said Dr. Steven Abramson, vice dean for education, faculty and academic affairs at N.Y.U. School of Medicine.

At this point, the effort involves a small number of students at three medical schools: about 16 incoming students at N.Y.U., or about 10 percent of next year’s entering class; 9 at Texas Tech Health Science Center School of Medicine; and even fewer, for now, at Mercer University School of Medicine’s campus in Savannah, Ga. A similar trial at Louisiana State University has been delayed because of budget constraints.

But Dr. Steven Berk, the dean at Texas Tech, said that 10 or 15 other schools across the country had expressed interest in what his university was doing, and the deans of all three schools say that if the approach works, they will extend the option to larger numbers of students.

“You’re going to see this kind of three-year pathway become very prominent across the country,” Dr. Abramson predicted.

The deans say that getting students out the door more quickly will accomplish several goals. By speeding up production of physicians, they say, it could eventually dampen a looming doctor shortage, although the number of doctors would not increase unless the schools enrolled more students in the future.

The three-year program would also curtail student debt, which now averages $150,000 by graduation, and by doing so, persuade more students to go into shortage areas like pediatrics and internal medicine, rather than more lucrative specialties like dermatology.

The idea was supported by Dr. Ezekiel J. Emanuel, a former health adviser to President Obama, and a colleague, Victor R. Fuchs. In an editorial in the Journal of the American Medical Association in March, they said there was “substantial waste” in the nation’s medical education. “Years of training have been added without evidence that they enhance clinical skills or the quality of care,” they wrote. They suggested that the 14 years of college, medical school, residency and fellowship that it now takes to train a subspecialty physician could be reduced by 30 percent, to 10 years.

That opinion, however, is not universally held. Other experts say that a three-year medical program would deprive students of the time they need to delve deeply into their subjects, to consolidate their learning and to reach the level of maturity they need to begin practicing, while adding even more pressure to a stressful academic environment.

“The downside is that you are really tired,” said Dr. Dan Hunt, co-secretary of the Liaison Committee on Medical Education, the accrediting agency for medical schools in the United States and Canada. But because accreditation standards do not dictate the fine points of curriculum, the committee has approved N.Y.U.’s proposal, which exceeds by five weeks its requirement that schools provide at least 130 weeks of medical education.

The medical school is going ahead with its three-year program despite the damage from Hurricane Sandy, which forced NYU Langone Medical Center to evacuate more than 300 patients at the height of the storm and temporarily shut down three of its four main teaching hospitals.

Dr. Abramson of N.Y.U. said that postgraduate training, which typically includes three years in a hospital residency, and often fellowships after that, made it unnecessary to try to cram everything into the medical school years. Students in the three-year program will have to take eight weeks of class before entering medical school, and stay in the top half of their class academically. Those who do not meet the standards will revert to the four-year program.

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Richard Adams dies at 65; gay marriage pioneer

Thirty-seven years ago, Richard Adams made history when he and his partner of four years, Anthony Sullivan, became one of the first gay couples in the country to be granted a marriage license. It happened in Boulder, Colo., where a liberal county clerk issued licenses to six same-sex couples in the spring of 1975.

Adams had hoped to use his marriage to secure permanent residency in the United States for Sullivan, an Australian who had been in the country on a limited visa and was facing deportation.

But Colorado's attorney general declared the Boulder marriages invalid. Several months later, Adams and Sullivan received a letter from the Immigration and Naturalization Service that denied Sullivan's petition for resident status in terms that left no doubt about the reason:

"You have failed to establish that a bona fide marital relationship can exist between two faggots," the notification read.

Adams, who later filed the first federal lawsuit demanding recognition of same-sex marriages, died Monday at his home in Hollywood after a brief illness, said his attorney, Lavi Soloway. He was 65.

Soloway described Adams and Sullivan as "pioneers who stood up and fought for something nobody at that time conceived of as a right, the right of gay couples to be married.

"Attitudes at the time were not supportive, to put it mildly," Soloway said. "They went on the Donahue show and people in the audience said some pretty nasty things. But they withstood it all because they felt it was important to speak out."

Born in Manila on March 9, 1947, Adams immigrated to the U.S. with his family when he was 12. He grew up in Long Prairie, Minn., studied liberal arts at the University of Minnesota and became a naturalized U.S. citizen in 1968.

By 1971 he was working in Los Angeles, where he met Sullivan and fell in love.

Four years later, the two men heard about Boulder County Clerk Clela Rorex: She had decided to issue marriage licenses to gay couples after the Boulder district attorney's office advised her that nothing in state law explicitly prohibited it.

On April 21, 1975, they obtained their license and exchanged marriage vows at the First Unitarian Church of Denver.

The Boulder marriages attracted national media attention, including an article in the New York Times that called Colorado "a mini-Nevada for homosexual couples." Rorex received obscene phone calls, as well as a visit from a cowboy who protested by demanding to marry his horse. (Rorex said she turned him down because the 8-year-old mare was underage.)

After their marriage, Adams and Sullivan filed a petition with the INS seeking permanent residency for Sullivan as the spouse of a U.S. citizen. In November 1975, they received the immigration agency's derogatory letter and lodged a formal protest. Officials reissued the denial notice without the word "faggots."

They took the agency to court in 1979, challenging the constitutionality of the denial. A federal district judge in Los Angeles upheld the INS decision, and Adams and Sullivan lost subsequent appeals.

In a second lawsuit, the couple argued that Sullivan's deportation after an eight-year relationship with Adams would constitute an "extreme hardship." In 1985 a three-judge panel of the U.S. 9th Circuit Court of Appeals rejected the hardship argument and opened the way for Sullivan to be sent back to Australia.

Because Australia had already turned down Adams' request for residency in that country, the couple decided the only way they could stay together was to leave the U.S. In 1985, they flew to Britain and drifted through Europe for the next year.

"It was the most difficult period because I had to leave my family as well as give up my job of 18 1/2 years. It was almost like death," Adams said in "Limited Partnership," a documentary scheduled for release next year.

The pair ended their self-imposed exile after a year and came home. They lived quietly in Los Angeles to avoid drawing the attention of immigration officials, but in recent years began to appear at rallies supporting same-sex marriage, Soloway said.

They were encouraged by new guidelines issued by the Obama administration this fall instructing immigration officials to stop deporting foreigners in long-standing same-sex relationships with U.S. citizens.

Although the policy change came more than three decades after Adams and Sullivan raised the issue, it gave Adams "a sense of vindication," Soloway said.

The day before he died, Sullivan told him that the most important victory was that they were able to remain a couple.

"Richard looked at me," Sullivan told Soloway, "and said, 'Yeah, you're right. We've won.'"

Adams, who was an administrator for a law firm until his retirement in 2010, is survived by Sullivan; his mother, Elenita; sisters Stella, Kathy, Julie and Tammie; and a brother, Tony.

elaine.woo@latimes.com

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2 bombers target mobile phone firms in Nigeria

KANO, Nigeria (AP) — Authorities blame a radical Islamist sect for twin suicide car bombings targeting two major mobile phone companies, an official said Saturday, blacking out a top operator’s network in most of Nigeria‘s northern commercial hub.

A suicide bomber drove an explosive-laden car into the facilities of the Nigerian subsidiary of Bharti Airtel Ltd. of India at about 8 a.m. in the city of Kano, said Capt. Iweha Ikedichi, who speaks for a special taskforce deployed in Kano to reduce the threat of the Islamic rebels known as Boko Haram. The attack left an Airtel worker injured, authorities said. It also damaged a switch station, said James Eze, an Airtel spokesman. He said the company was still assessing how bad the damage was, but declined to comment further.

Switch stations control the regional mobile phone network and if they are seriously damaged, the entire network could go down. An Airtel staff who spoke on condition of anonymity because he is not authorized to speak to the press said the targeted switch station covered six northern states, including Kano. But while Airtel’s network appeared to be down across Kano Sunday, calls to lines in some of the other states went through.

At about the same time as the Airtel attack, another bomber targeted the facilities of the Nigerian subsidiary of South Africa-based MTN Group Ltd., about two miles (three kilometers) away. That attack was botched by security officers who shot the bomber, causing an explosion at the company’s gate, Ikedichi said.

The target of the foiled attack was MTN’s switch station, said Funmilayo Omogbenigun, spokeswoman for Nigeria’s largest cell phone network provider.

Authorities suspect the Boko Haram sect is behind the attacks. The group is held responsible for more than 770 deaths this year alone, according to figures compiled by The Associated Press. Boko Haram’s campaign of bombings and shootings has targeted mosques, churches, schools, universities and government buildings. But, four months ago, the group broadened its scope by attacking mobile phone towers for the first time.

In September, a series of attacks damaged more than 31 towers operated by all the major mobile phone providers in the country. Other attacks have occurred since then, further straining the one link Nigeria relies on for communication in a country with very few landlines. While no one claimed responsibility for the attacks, the Islamist sect had threatened mobile phone companies earlier in the year, warning that they would be targeted for cooperating with the government to flush out its members.

In Nigeria, Africa’s most populous country with more than 160 million people, mobile phones serve as a valuable lifeline in both cities and rural communities. Landlines remain almost nonexistent, as the state-run telephone company has collapsed and repeated efforts to privatize it have failed. More 87 million mobile phone lines were in use in 2009, according to estimates.

“Never would we have expected that telecommunications could be targeted,” said Damien Udeh, a spokesman for the Association of Licensed Telecommunications Operators of Nigeria. “It portends a dangerous situation for everybody, especially government.”

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Associated Press writer Yinka Ibukun contributed to this report from Lagos, Nigeria

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Iron Butterfly bassist Lee Dorman dies at age 70

LOS ANGELES (AP) — Lee Dorman, the bassist for psychedelic rock band Iron Butterfly, has died at age 70.

Orange County sheriff‘s spokeswoman Gail Krause says Dorman was found dead in a vehicle Friday morning. A coroner’s investigation is under way, but foul play is not suspected.

Krause said Dorman may have been on his way to a doctor’s appointment when he died.

Iron Butterfly was formed and rose to prominence in the late 1960s. Its second album, “In-A-Gadda-Da-Vida,” sold more than 30 million copies, according to the band’s website. The title track’s distinctive notes have been featured in numerous films and TV shows including “The Simpsons,” ”That ’70s Show” and in the series finale of “Rescue Me.”

Douglas Lee Dorman was born in September 1942 and had been living in Laguna Niguel, a coastal city in Southern California, when he died.

A message sent through the band’s website was not immediately returned.

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