Boston agrees to keep Uber trip data secret

Boston has agreed to keep secret detailed data from every Uber ride in the city, according to a contract between the city and the company.

The agreement, signed on Jan. 12 and obtained by the Herald through a public records request, appears to comply with a specific public records exemption in Massachusetts state law, which says data which is voluntarily provided to governments does not fall under public records law.

"The data constitutes Uber's trade secrets or commercial or financial information voluntarily provided to the City for use in developing governmental policy and upon a promise of confidentiality," said Bonnie McGilpin, a spokeswoman for Mayor Martin J. Walsh.

The agreement also requires the city to inform Uber when the data is requested by a third party.

"The City shall promptly notify Uber upon receipt of such request or lawsuit so as to afford Uber the opportunity to take steps to prevent disclosure," the agreement states.

The agreement also says the data can only be shared with city employees or contractors who "need to use the data for City purposes."

Uber announced several weeks ago that it would be sharing trip data. The city said it would be useful for making policy decisions around transportation, development and infrastructure.

"This is going to be a useful tool to help inform policy planning and operation," Jascha Franklin-Hodge, the Hub's chief information officer, said at the time. "This data provides interesting sorts of insight to transportation patterns in the city."

Uber is also facing regulatory scrutiny in Boston and Massachusetts as regulators try to balance safety and insurance concerns with a popular and well-liked service.

Last week, Uber said it has around 10,000 drivers in its Boston market, which includes towns and cities north, west and south of Boston. That number has doubled in less than a year, Uber said.

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Hot Property: Ocean dreams come true at Seapoint

As we get through the aftermath of the Blizzard of 2015, why not dream of spending summers in this luxurious shingle-style Dartmouth compound at the tip of a peninsula that juts five miles into Buzzards Bay.

Designed by renowned architect Robert A.M. Stern and built in 2007, the 22,000-square-foot property known as Seapoint has a main house with five-bedrooms and 10 bathrooms and a guest house with three bedrooms. It's located on 10 landscaped acres, with 270-degree ocean views and 1,500 feet of water frontage bordered by a seawall.

The current owner, who runs a financial services company and has a home in Boston, used Seapoint as a summer retreat. But he has already moved into another summer home he had built on the Cape. The Dartmouth property has been up for sale since July, listed for a cool $25 million.

"There are very few buyers at this price point," said listing broker Robert Kinlin of Robert Paul Properties, who said the price also includes a buildable lot in the gated community and golf club at nearby Round Hill. "You have people who don't need to sell and people who don't need to buy."

Kinlin said that the eventual buyer of Seapoint will be someone who falls in love with the site. It could easily be a year-round home, he said, although it most likely will be someone's second, third or fourth place. The annual taxes are $178,760.

"It's an amazing piece of earth, first of all," said Kinlin of the waterfront site "You've got views out to Cuttyhunk and Martha's Vineyard. For a property like this, the land is the most important thing, followed by the house."

The site served as a lookout for German submarines during World War II, and there's still a gun turret on the property.

With its wraparound porches, outdoor patios, infinity-edge pool and water dock, Seapoint feels like a hotel resort. Almost every room has a water view.

The enormous second-floor master bedroom suite includes two full bathrooms and two dressing rooms with custom built-ins, a hand-painted, barrel-vault ceiling and a gas fireplace with a baroque pattern of gilt silver. Private staircases from the suite lead to a circular library and home office and there's an outdoor deck with ocean views.

The current owners also hired local artisans to add nautical motifs such as a curved custom fireplace fashioned from stones and driftwood from Buzzards Bay. Craftsmen also made bulls-eye glass windows for the foyer, adorned a living room mantelpiece with shells and mermaids, and carved a rope motif into the dining room floors and seashells into the kitchen floors.

Then there's the unique amenities on the lower level such as a regulation bowling alley, a custom-built stone-fronted circular wine cellar as well as a bar carved to resemble the prow of a ship.

The five-mile Mishaum Point peninsula is a gated community of high-end summer homes 66 miles from downtown Boston.

"Unlike the Cape, you don't have to cross any bridges to get to Dartmouth," Kinlin said. "And it's a quiet, low-key area ideal for someone who wants privacy."

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Partners/AG battle looms

Partners HealthCare could be in for a knock-down, drag-out legal fight with Attorney General Maura Healey if they move to merge with three smaller hospitals, analysts said yesterday after a Superior Court judge scuttled a deal that would have let the medical behemoth expand its sweeping reach.

"I think that Partners is facing a new attorney general who seems much more bent on litigating than her predecessor ... It would be hard for them to win a litigation," said Matthew Cantor, a New York health care antitrust lawyer.

"Does that mean the attorney general wouldn't settle with them on any basis? I can't say that. But she seems like she's much more likely to get into a tussle," Cantor said.

Suffolk Superior Court Judge Janet L. Sanders issued a 48-page decision that quashed a deal reached between Partners and former Attorney General Martha Coakley after lengthy negotiations.

It would have allowed Partners, — which employs 6,500 doctors and operates Massachusetts General Hospital, Brigham and Women's and six other acute care facilities, — to acquire South Shore, Lawrence Memorial and Melrose-Wakefield hospitals.

Healey issued a statement saying she's ready to go to court, and "it is now Partners' decision whether to proceed" with the merger. "Our office is prepared to litigate to block this transaction if Partners chooses to move forward," she said. "We remain committed to tackling the challenge of controlling health care costs while also promoting quality and access."

Partners president and CEO Gary Gottlieb sent an email to employees, saying that the news was "very disappointing for all involved in this process."
"Our leadership team will now take the time to evaluate all of our options," Gottlieb wrote.

The judge ruled the deal didn't address concerns about rising costs created by Partners' market dominance.

"By permitting the acquisitions, the settlement, if adopted by this Court, would cement Partners' already strong position in the health care market and give it the ability, because of this market muscle, to exact higher prices from insurers for the services its providers render," Sanders wrote.

Her decision echoed fears raised by the Health Policy Commission, which found that health care costs would soar by between $38.5 million and $49 million for the state's top three insurance companies.

"The court basically threw up its hands and said, 'It's way beyond our competence to understand the price mechanisms to make it work,'" said Boston College Law School professor Brian Quinn. "Partners is left in a situation where litigation is back on the plate. The next step is the court will say, 'You'll need to come up with something else.'"

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Ed Markey hails leases of waters off Mass. for wind energy

U.S. Sen. Edward J. Markey hailed yesterday's lease sale of more than 354,000 acres of federal waters off the coast of Martha's Vineyard and Nantucket to two companies for potential wind energy development, saying it could provide enough electricity to power more than 700,000 homes.

"These same harsh winds that we've endured for centuries can be turned into clean power for our homes, creating jobs even as it cuts the carbon pollution that is worsening climate change and supercharging storms,"" Markey said in a statement. "Instead of drilling for oil and gas off of the Atlantic Coast, we should pursue a clean energy vision that safeguards our environment and boosts our economy."

The provisional winners of the auction, which raised $448,171, were New Jersey-based OffshoreMWcq, which bid on 187,523 acres, and Colorado-based RES Americas, which bid on 166,886 acres, according to the Interior Department's Bureau of Ocean Energy Management. Two other tracts went unclaimed, officials said, likely because of the dual challenges of building wind turbines in deeper waters and convincing a company to buy the power they would produce.

The auction came as the future of Cape Wind's plan to build a wind farm in Nantucket Sound remained unclear because National Grid and NsStar backed out of their contracts with the company, saying it had missed a Dec. 31 deadline for the necessary financing and had not provided collateral to extend the deadline.

But Markey said Massachusetts "must continue to lead on offshore wind, and this (auction) is a sign that lower-cost offshore wind will come with increased competition and new technologies."

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The Ticker

Audit: Baker did not violate law

A New Jersey treasury audit has found Massachusetts Gov. Charlie Baker did not break pay-to-play rules when he donated to Republicans here in 2011.

The audit says while Baker was an investment professional, he did not provide those services "as defined by the Policy." New Jersey's regulations bar the state from investing with a firm whose managers made political contributions within a two-year window.

Baker donated $10,000 in 2011 to the New Jersey Republican committee. Seven months later, the state invested $25 million with General Catalyst Partners where Baker served as an "executive in residence."

Credit card data not so anonymous

Credit card data isn't quite as anonymous as promised, a new study says. Scientists conducting a Massachusetts Institute of Technology study showed they can identify you with more than 90 percent accuracy by looking at just four purchases, three if the price is included — and this is after companies "anonymized" the transaction records, saying they wiped away names and other personal details.

Senate passes Keystone bill

The Republican-controlled Senate yesterday approved a bipartisan bill to construct the Keystone XL oil pipeline, defying a presidential veto threat and setting up the first of many battles with the White House over energy and the environment.

The 62-36 vote advanced a top priority of the newly empowered GOP, and marked the first time the Senate passed a bill authorizing the pipeline, despite numerous attempts.

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Software license to cut wait times at registry

Massachusetts Registry of Motor Vehicles branches are notorious for their wait times, but how customers wait could soon change.

Pasadena, Calif.-based QLess won the bid to provide a software platform that would let customers enter virtual RMV lines via on-site kiosks or their mobile devices or computers, and get real-time updates on estimated wait times. Customers would be texted a few minutes before they're at the front of the line, preventing the need to wait around an RMV office.

"We give people three freedoms that they didn't have before — freedom to wait anywhere they want, freedom to join the line from anywhere they want and freedom to choose when to get served," QLess co-founder and CEO Alex Backer said. "The results are a dramatic reduction in walkouts or no-shows. Some people have more patience to wait when they have the freedom to wait anywhere."

QLess and the RMV now have to negotiate a contract to provide the service.

The RMV in November released a "10-Point Promise" to improve service, including reducing branch wait times by 20 percent. The average wait time at its 30 branches was 22 minutes and 42 seconds in December, according to the RMV, which has set a 15-minute goal.

Under the current system, customers are told estimated wait times, but never are informed when they change. Branch wait times posted on the RMV website also are inaccurate.

RMV spokeswoman Sara Lavoie said: "We want to make the wait-time experience more predictable."

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Chamber of Commerce to focus on technology companies

The Greater Boston Chamber of Commerce is turning over a new leaf, planning to focus on the technology sector and innovation economy as it outlines its priorities in the coming year.

"We need to do more to continue to accelerate innovation and promote innovation everywhere," Jim Klocke, chamber executive vice president, said. "(It's) critical. We have a lot of talent around here, we have a lot of innovation."

The new focus comes as the chamber searches for a leader to replace longtime president and chief executive Paul Guzzi, who announced his retirement in September.

John Fish, who was head of the search committee until he recently stepped down, has said the chamber is looking for someone who could strengthen its connection with innovation businesses.

In outlining its 2015 agenda, the chamber also is emphasizing increasing STEM education and improving entrepreneurial freedom for independent contractors — policies that weren't a priority last year.

"Massachusetts should adopt the federal standard for independent contractors," Klocke said.

"We're going to see more people starting small business, we're going to see more creativity and startups."

The chamber and Boston-based startup incubator MassChallenge also have been working together to increase engagement with fledgling Hub businesses.

C.A. Webb, executive director of the New England Venture Capital Association, said the chamber's agenda for the year represents a good step.

"It's a comprehensive and thoughtful plan that reflects even more of an innovation orientation than last year's agenda," she said. "I'm really supportive of the agenda and look forward to collaborating with them."

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Businesses stay clear of using Super Bowl name

PHOENIX — It is the game that must not be named — at least not without permission.

For most people, the game Sunday between the New England Patriots and Seattle Seahawks is the Super Bowl. But for many business owners, it's simply the "big game" or "game day."

Radio hosts are tripping over their tongues and airport signs are carefully worded to keep from referring to it as the Super Bowl, a trademarked name the NFL strictly polices. Mom-and-pop shops and large companies hoping to cash in on the game — but also don't want to run afoul of league lawyers — have found ways to color inside the lines.

Tyler Ellis, whose Coney Island Grill is located within the downtown Super Bowl Central village, is selling souvenir tie-dye shirts. The garments say "Coney Island 2015" as well as "the big game." The $15 shirts come in pink, red, blue and green.

Fortunately, the restaurant owner was fully aware of the league's reputation for coming down on trademark infringers.

"I'm just an NFL follower. You can't even YouTube their videos. They're just strict with their licensing," Ellis said.

Grocery chain Whole Foods has avoided using "Super Bowl" on in-store signs and social media. The Facebook page for the central Phoenix location offers recipe ideas for "your Big Game party."

Signs at American Airlines ticket counters in Phoenix Sky Harbor International Airport greet travelers with "Welcome to the big game." American Airlines spokesman Casey Norton said though it is the official airline for the Arizona Super Bowl Host Committee, the company isn't an NFL partner.

"Like any brand, we work to protect our valuable intellectual property and the rights we extend to our partners," NFL spokesman Brian McCarthy said.

What constitutes a violation is determined on a case-by case basis, McCarthy said. For example, a restaurant writing up a Super Bowl menu on a chalkboard wouldn't be an issue. And according to trademark law, a fair use exception allows for news organizations to use the Super Bowl moniker.

McCarthy said if a potential infringement is discovered, the league will notify the party involved. If nothing changes, then a cease-and-desist letter follows. McCarthy declined to discuss how many companies have received letters in recent months.

One of the participants in the Super Bowl is not a stranger to trademark disputes. Texas A&M University has long held the trademark for the term "12th Man," the nickname for the Seahawks' large and vocal fan base. The Seahawks and university reached a settlement in 2006 that allows the team to use some versions of the phrase.

And the NFL is not the only sports organization to be vigilant about its brand. Congress has created protections for the U.S. Olympic Committee so it has exclusive rights to use "Olympics" and the interlocking rings logo. International soccer governing body FIFA is requiring countries that host the World Cup to create special rights in their constitutions to protect advertisers, said Jeff Greenbaum, a New York-based advertising lawyer with the firm Frankfurt Kurnit.

Roger N. Behle Jr., an intellectual property lawyer with the firm Foley Bezek Behle & Curtis, said the NFL's monitoring is about maximizing revenue.

"They do have a right to police it. They spent a lot of money to build the brand up, make it profitable and not have any Tom, Dick and Harry use the marks," said Behle, who has worked on licensing deals with the NFL and other major sports leagues.

Greenbaum said the NFL's enforcement is also about protecting its sponsors. The league creates "official" beers, chips, sodas and other items, which can give a business a distinct advantage over its competitors.

"The strategy that they're employing is to create enough concern among marketers that they're afraid to even get close to the line," Greenbaum said.

___

Associated Press writer Anthony McCartney contributed to this report from Los Angeles.

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Follow Terry Tang on Twitter at https://www.twitter.com/ttangAP

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Smart Spending: Why investors are applauding Amazon earnings

NEW YORK — Amazon.com Inc.'s fourth-quarter earnings roundly beat analyst expectations, sending the Seattle e-commerce giant's stock soaring 11 percent in premarket trading Friday. Here's a closer look at what investors applauded and hope continues.

SMART SPENDING

Operating expenses rose 15 percent to $28.74 billion but that was less than some analysts had expected Amazon would spend. Investors have long wanted Amazon to show some restraint as it invests in its business, and this metric seemed to be a sign that Amazon is willing to do that. Wedbush Securities analyst Michael Pachter said the lower-than-expected costs were related to flat fulfillment expenses — what the company spends on its distribution centers and deliveries — during the holiday season even though Amazon shipped 100 million more free items. The company also spent less on marketing expenses since the launch of its new hardware like Fire TV and the Fire Smartphone are behind it.

"They're getting far more efficient at delivery," said Pachter. "They're spending like slightly tipsy sailors rather than drunken sailors."

PRIME MEMBERSHIP GROWTH

Prime membership grew 53 percent in 2015. Two-day shipping costs Amazon a pretty penny but membership means more revenue from customers in the long run. Pachter estimates there are about 35 million Prime members worldwide. And he pointed out the company is making untraditional efforts to get more members. For example, it cut the price of its Prime membership to $72 one Saturday in January and let non-Prime members stream its Golden Globe winning series "Transparent" starring Jeffrey Tambor.

"Little promotions like that are going to drive prime membership and they'll continue to really promote it," Pachter said.

WILL IT LAST?

Some caution that one quarter of disciplined spending does not a trend make. In a call with investors, Piper Jaffray analyst Gene Munster pointed out that over the past two years it has been a "little bit of a roller coaster" for Amazon's gross margin, a key metric that shows how big a percentage of revenue is spent on investing back into the company.

"There've been points of optimism followed by points of frustration," he said and asked the company how they plan to "smooth out some of this roller coaster mentality."

CFO Tom Szkutak acknowledged that Amazon has been in a "heavy investment cycle." He said the company is being "selective" about its investment opportunities but didn't give any details, saying it is still finalizing spending plans for 2015.

"The question is, is this a one-time hiccup or are they going to repeat it," Wedbush's Pachter said. "If I see this for two, three or four quarters I will believe it."

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Barbie blues gave Mattel holiday disappointment

Slumping sales of Barbie did little to bring a happy holiday to her maker, Mattel Inc.

Mattel's fourth-quarter earnings release Friday drilled down into the details of a weak performance that led to the resignation of its chairman and CEO.

Barbie sales fell 12 percent, though that wasn't as bad as the third quarter's 21 percent drop. Fisher-Price sales fell 11 percent. While American Girl slipped 4 percent, it was better than the 7 percent decline in the third quarter.

Hot Wheels sales rose 5 percent.

Interim CEO Christopher Sinclair said he will spend the next few months evaluating the company's businesses to "revitalize our brands."

The results for the quarter that ended Dec. 31 are important because they include the holiday season, a make-or-break time of year for toy makers.

Mattel's fourth-quarter performance fell far short of Wall Street's expectations when the toy maker provided preliminary results Monday, the same time it announced the departure of CEO Bryan Stockton.

Stockton became CEO in January 2012 and then was named chairman a year later. A former Kraft Foods executive, he served as a Mattel's chief operating officer before becoming CEO. Sinclair has served as a Mattel Inc. director since 1996.

For the fourth quarter, Mattel posted an adjusted profit of 52 cents per share on revenue of $1.99 billion. That was below the 83 cents per share on revenue of $2.07 billion that analysts polled by FactSet predicted.

Drew Crum of Stifel Nicolaus said in a client note that not all was bad for Mattel in the fourth quarter, as it significantly lowered retail inventory in domestic markets and reported better-than-expected revenue from Mega Brands.

But the analyst kept a "Hold" rating, saying he is waiting for evidence of improvement in its core brands.

Mattel's full-year adjusted profit was $1.48 per share on revenue of $6.02 billion.

The difficulties Mattel is facing are not new for those in the toy sector, though, according to Chris Byrne, content director for TTPM, a consumer website that offers reviews, videos and live price updates for toys, baby gear and other items.

"The toy industry is, always has been and always will be product/hit driven. Kids don't care who makes the toy they want," he said.

Byrne said that toy companies need to be able to create and market individual products that appeal to children, whether or not they fit into a particular brand.

Byrne said that Mattel's Monster High and Ever After High products had strong holiday seasons, and initial sales of Barbie in Princess Power toys are doing well ahead of the release of the home video they are tied to.

Byrne said Mattel may be up against a difficult movie slate in 2015, as many of the new features scheduled to come out — such as "Jurassic World" and "Avengers: Age of Ultron" — are not titles for which it has product licenses. But Mattel does have a small "Star Wars" license, Byrne said, which should help when "Star Wars: Episode VII The Force Awakens" hits theaters.

The company's stock rose 10 cents to $27 in midday trading.

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