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One hundred six years offedntonrlfreedom

Wednesday
November 13, 1996

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MDS to appeal
copyright case
to high court

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Copyshop continues to
print coursepacks
without royalities
By David Rossman
Staff Reporter
"ichigan Document Services plans
to appeal a decision to the U.S.
Supreme Court regarding the use of
copyrighted materials in coursepacks.
A decision handed down Friday by
the 6th Circuit Court of appeals in
Cincinnatti requires MDS and similar
copyshops to provide compensation to
publishers for reproducing copyrighted
materials.
An MDS
tal said After
nday the
company will KifkO $ a4
appeal the
court's 8-5 WaS SLOc'
decision in
order to chal-
lenge current Owner, Mich
interpretation
of copyright
1DS, which is based in Ann Arbor,
is a major campus provider of coursep-
acks. The company won the right to
reproduce materials for coursepacks
without publisher consent in a 6th
Circuit Court ruling in February. The
court overturned its original finding
Friday after three publishers appealed
the February decision.
Sixth Circuit Court Justice David
Nelson, who wrote the majority opin-
in Friday's decision, wrote that,
anges) in technology and teaching
practices that have occurred over the
last two decades might conceivably
make Congress more sympathetic to

(MDS') position today.
"If the law on this point is to be
changed, however, We think the change
should be made by Congress and not by
the courts," Nelson wrote in the 60-
page opinion.
Attorneys representing the three pub-
lishers - Princeton University Press;
MacMillan Inc.; and St. Martin's Press
Inc. - anticipate an MDS appeal
would die in the Supreme Court, said
Hank Goldsmith, one of the attorneys
for the three publishers.
"It's certainly their right to appeal,
but it's not going to bear any fruit,"
Goldsmith said.

the


cision, /
Sked.
- James Smith
igan Document

A 1991 ruling
against a Kinko's
copyshop by a
federal court in
New York forced
copyshops to
seek permission
when reproduc-
ing material for
coursepacks.
But MDS
owner James

Services



Smith contends that scholarly works
reproduced for student use should not
require permission from the publisher,
which is leading his charge toward the
Supreme Court.
"After the Kinko's decision, I was
shocked," Smith said. "I spent several
months in the (University) Law library,
and decided that the ruling was wrong."
In recent years, MDS - unlike sev-
eral other Ann Arbor copyshops - has
continued to reproduce material provid-
ed by teachers for use in coursepacks
without permission from copyright
holders. And, in response to Friday's
ruling, Smith has 90 days to prepare his
See LAWSUIT, Page 7

WARREN ZINN/Daily
The 12th University president, Lee Bollinger, chats with Michigan Student Assembly President Fiona Rose and Vice President Probir Mehta at a public reception in the
Michigan Union yesterday. Bollinger was formally approved by the University Board of Regents yesterday afternoon to serve as the next University president.
Regents approve Bolliniger


By Jodi S. Cohen
Daily Staff Reporter
Somewhere in his reading of Robert Frost's poem, "Spring
Pools," may lie the essence of Lee Bollinger, the next
University president.
When the Board of Regents officially welcomed him yes-
terday as the 12th University president, Bollinger read the
poem with his note-worthy intellectual inspiration. His self-
described deep, "intelligible and consequential" love for the
University shone through Frost's words - words the
American poet wrote while living in Ann Arbor.
"I would like to think that today is at least my 'spring pool,'
and with Frost's exquisite sense of poignancy, I want to say to
the inevitable burdens and cares of the years ahead, 'Let them
think twice before they use their powers,' 'to bring dark
foliage on,"' Bollinger said.
"I am grateful to you and the University for giving me this
opportunity to serve the University of Michigan," Bollinger
told the regents as he expressed his desire to serve the public
through the University.
In a short, but poignant comment at the board meeting,

Regent Laurence Deitch (D-Bloomfield Hills) said "welcome
home" to Bollinger, a former University Law School dean,
Bollinger, who was joined at the regent's table by his wife,
Jean Magnano Bollinger, said he expects to begin serving in
February or March, contingent on when he can leave
Dartmouth College. where he now serves as provost.
Bollinger agreed to an initial five-year contract and a first-
year salary of $275,000.
"It's a great day," said Anne Knott, who served as assistant
Law School dean for development and alumni relations when
Bollinger was Law School dean here. Knott was one of about
200 people who joined Bollinger at a public reception yester-
day afternoon,
"The level of excitement at his return and the promise that
it holds for this University is tremendous," Knott added.
"He's a very special person."
Emotions ran high yesterday as the regents officially con-
cluded the process of selecting the next leader of the
University. The emotional search process, which has includ-
ed tearful speeches from regents and tense courtroom rulings,
See PRESIDENT, Page 2


AP PHOTO
Rescue personnel load the remains of victims aboard a truck in this television
image following a mid-air collision with a Saudi jetliner and a Kazak cargo plane.
tunddreds kilei
Ss over Inda

Neal talks
issues
with MSA
By Will Weissert
Daily Staff Reporter
Last night's meeting saw the
Michigan Student Assembly re-examin-
ing the past so it can move ahead into
the future.
Interim President Homer Neal
dropped by to reflect on his presidency
and answer questions from assembly
members - then the assembly moved
to reaffirm its commitment to the stu-
dents and their concerns.
"I began my interim with the primary
goal that the University continue to move
forward," Neal told the assembly in a
short address before the floor was opened
up to members' questions. "I feel I have
been very successful in doing that."
Neal said his short presidency has
seen its share of important and some-
times controversial events. "It has been
an interesting period since July 1, when
I came on board," Neal said. "We've
certainly had a number of important
issues arise and I think we have dealt
with many of those issues very well."
During the question-and-answer peri-
od, members questioned hospital bud-
get cuts, curriculum requirements and
racial inequalities in the classroom.
Neal said that after his visit assembly

Spring Pools
These pools that though in
forests still reflec t
The total sky almost without
defect,
And like the flowers beside them,
chill and shiver,
Will like the flowers beside them
soon be gone,
And yet not out by any brook or
river,
But up by roots to bring dark
foliage on.
The trees that have it in their pent-
up buds
To darken nature and be summer
woods -
Let them think twice before they
use their powers
To blot out and drink up and sweep
These flowery waters and these
watery flowers
From snow that melted only yester-
day.
Robert Frost
1928
Neal plans
to address
MSU grads
next month
By Katie Plona
Daily Staff Reporter
The competition and rivalry between
the University and Michigan State
University may end on the playing field
- at least in the eyes of MSU's admin-
istration.
At the request of MSU President Peter
McPherson, University interim President
Homer Neal will speak at MSU's fall
commencement ceremony and also will
receive an honorary degree.
"Clearly I'm honored to be asked,"
Neal said. "I'm looking forward to giv-
ing the commencement speech at the
graduation ceremony."
While Neal said he felt honored,
MSU spokesperson Terry Denow said
the university is honored that Neal
accepted the invitation.
"While we invited him, he honors us
too," Denbow said. "We feel very for-
tunate to have him"
John Truscott, a spokesperson for
Gov. John Engler, said he is pleased
with the selection.
"MSU's been very fortunate in the
past couple of years to get some
renowned speakers and this just contin

JOSH BIGGS/Day
Interim President Homer Neal listens to Michigan Student Assembly members speak
last night, as Vice President for Student Affairs Maureen Hartford looks on.

The Washington Post
KHEDI SANSWAL, India - Two
4amercial airliners from Saudi Arabia
and Kazakstan collided in clouds near
New Delhi yesterday with a burst of
fire, killing at least 349 persons in the
deadliest midair crash in history.
The Saudia Boeing 747, carrying
312 passengers and crew bound for
Saudi Arabia, had just taken off from
New Delhi's Indira Gandhi
International Airport at about 6:30 p.m.
\,en it collided with a Kazak Airlines
shin 11-76 about 60 miles to the
west. Thirty-eight persons were report-
ed aboard the Kazakh plane, which was
arriving from Shymkent in the former
Soviet republic of Kazakstan.
A local police commander, Virendra
Singh, said one person may have sur-

be the third-deadliest plane crash in his-
tory. It was the worst midair collision,
surpassing the 1976 collision of a
British Trident and a Yugoslav DC-9
over Zagreb, Yugoslavia, that killed
176.
Both shattered planes landed away
from populated areas in open fields
about seven miles apart, apparently
causing no deaths or serious injuries
among people on the ground.
Witnesses said the airliners collided in
a cloud, suggesting that the pilots could
not see each other's planes in time to
avoid a crash. "I saw a light in the
clouds.... I could see it coming towards
my village," said Mahendra Singh, elect-
ed leader ofa nearby settlement. The 747
"caught fire on the rear part. (The
planes) collided in the clouds"

After Neal's visit the assembly
passed a resolution reaffirming MSA
would support all ballot questions
endorsed by the student body.
The measure passed by the assembly
was an amended version of the original
resolution, which authorized the
Budget Priorities Committee chair to
represent the assembly and the student
body before the University Board of
Regents in student fee and budgetary
concerns.
"We are re-affirming principles all
the assembly supports and by passing
the amended version we are showing
we stand behind (MSA President)
Fiona (Rose)," said MSA Vice
President Probir Mehta.

firm what's in that constitution or we
have no business being here."
Schor said the resolution was written
in response to comments Rose made in
Friday's Michigan Daily. Rose said she
was unwilling to present three separate
fee increases before the regents right
away if the increases were approved by
students.
"This was aimed partially at Fiona,
but was meant to ensure that both the
assembly and the president shouldn't be
going against the students"
During debate on the measure,
assembly members said they supported
their president.
"The MSA president doesn't have
an enormous amount of power already
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