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September 15, 1999 - Image 1

Resource type:
The Michigan Daily, 1999-09-15

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One hundred eight years of editoriadfreedom

September 15. 1999

' '






Jeremy W. Peters
y Staff Reporter
The U.S. Sixth Circuit Court of
ppeals; with jurisdiction over the
tate of Michigan, delivered a ruling
ast Wednesday that upheld the 1997
sion by a federal district court that
ided with Kentucky State University
fter the administration confiscated
,000 student yearbooks.
Controversy ensued and a discussion
egan regarding the decision's possible
nfringement upon First Amendment
"A very dangerous precedent has
en set for student journalists," said
ruce Orwin, attorney for the plaintiff
nts. "We believe the court was
ng in its decision," he added.
But Kentucky State University offi-
ials do not see it that way.
Hinfred McDuffe, vice president for
niversity advancement at Kentucky
tate, said in a written statement, that
entucky State "is pleased with the
ecision ... Our student press enjoys
,he same journalistic freedom enjoyed
y other university students."
#t the heart of the sixth circuit's deci-
ion was the determination that a year-
ok is not a public forum, a distinction
at would have allowed the publication's
rotection under the First Amendment.
Orwin says he feels that the court's
not granting the yearbook public forum
status threatens it and similar student
"They're trying to make it like a pic-
ture book of volleyball and sorority func-
t rather than a journal of current
efitsat the university,' said Orwin.
The decision in Kincaid vs. Gibson
was upheld primarily due to the 1988
Supreme Court decision, concerning a
Missouri school district, Hazelwood
School District is. Kuhlineier, which
declared the constitutionality of a high
school principal's decision to censor stu-
dent publications. The Kincaid decision
marked the first time Hazelwood was
died in a case involving a university.
e Kincaid case erupted in 1994
after officials at Kentucky State confis-
cated nearly 2,000 copies of the univer-
sity's yearbook - "The Thorobred."
The administration maintains they
acted because the purple cover of the
yearbook was not consistent with the
school's official colors of green and
yellow and, they also claim, the current
events section was of poor quality.
By siding with Kentucky State, the
W circuit has possibly opened the
floodgates for further censorship of
student publications.
Prof. Jo-Ann Albers, director of the
School of Journalism and Broadcasting
at Western Kentucky University, fears
that because the Hazelwood decision
was applied for the first time to college
publications, journalism at the univer-
sity level could be in danger.
"After the Hazelwood decision high
Sool principals censored material just
because they could," Albers said,
adding that the Kincaid decision "is a
significant impairment to college jour-
Though Albers sees many forms of
student publications as vulnerable under
the Kincaid decision, she does not see
university newspapers being subject to
See RULING, Page 2

By Anand Giridharadas
Daily Staff Reporter
In a deal that could slash
Microsoft prices for students, facul-
ty and staff, and give the software
giant a formidable edge over campus
rivals, University officials are
expected within days to sign an
exclusive licensing agreement with
the corporation.
The deal would allow the
University's Information Technology
Division to purchase a set of
Microsoft products and distribute
copies of the software to all
University computers, and to stu-
dents, faculty and staff for home
use, for a fraction of the retail value,
said ITD Executive Director Jose-
Marie Griffiths.
Microsoft software prices at
University outlets could drop by as
much as 75 percent.
For example, the popular
Microsoft Office 2000 package,

which includes applications for
word processing, data analysis and
Internet publishing, could be sold
for less than $40, down from $174,
Griffiths said.
For the duration of the contract,
users will have free access to
Microsoft upgrades, Griffiths said.
Today, students purchasing an
upgrade of the ubiquitous Windows
98 operating system would pay
$108, with an academic discount, at
the University's Computer
With the sharply reduced prices
come two potential drawbacks for
users: Unlike products currently on
the market, the new software will
come without manuals and other
supplementary resources and, to pre-
vent piracy, will allow only two
Details of the agreement are con-
fidential until a final deal is
announced, but Griffiths confirmed

that administrators will likely sign a
three-year, S3.9 million contract
with Microsoft. The price is based
on the total potential users at the
The contract would give the
University a special license to pass
on copies of the software to stu-
dents, faculty and staff, at a nominal
per-person cost of around S5.
Without a contract of that sort, fed-
eral law prohibits copying software
for public distribution.
In the ongoing negotiations, fund-
See DEAL, Page 7

A University student looks at an iMac computer a the University's Computer
Showcase in the Michigan Union yesterday.



Bradley seeks
student votes
for husband
By Yael Kohen
Daily Staf Reporter
Ernestine Bradley wife cf presidential candidate Bill
Bradley, campaigned for her husband in the Ann Arbor
area yesterday, by attending several functions including
a meeting with the University's chapter of the College
Democrats and a visit to the University's
Comprehensive Cancer Center.
"I am a committed volunteer," she said of her role in
the campaign, adding that she is not a politician and is
not yet sure what type of role she will personally play
in the political arena.
Ernestine Bradley is a professor of German and
Comparative Literature at Montclair State University in
New Jersey. She said her role in politics, is at the
moment uncertain, but of her professorship, she said,
"there is no job that I love better than that.";
See BRADLEY, Page 7

service under
By Jewel sopwani
Daily Staff Reporter
It was a feat the winter 1999 Michigan Student Assembly was
proud of finally achieving. But after running for one semester
as a pilot program, the Student Coursepack Service is again out
of commission as it undergoes evaluation.
The evaluation has taken longer than MSA expected and
leaves the future of the SCS unclear to those involved.
Interim Vice President for Student Affairs E. Royster Harper
is currently assessing the program with Jack Bernard a policy
analyst for the vice president and general counsel, and repre-
sentatives from MSA.
"Once we finish, we'll
have a better sense of where
we want to go with this, $tuden
Harper said.
At its meeting last night,
MSA President Brain Elias %8rVICO
said although the service isn't delayed
running this semester, this
year, we have a commitment * March 1997: SOS pO-
from the Office of the Vice posed ding elections
President for Student Affairs
that the coursepack service a January 1999: MSA runs
will continue."C sp#]troram
The non-profit service
charged about half of what a September 1999: SCS
commercial copying busi- t under evaluation
nesses usually charge. In its
first semester of operation, the SCS copied coursepacks for five
Elias said MSA ran the SCS under the fair use doctrine of the
copyright act of 1976. According to the fair use doctrine,
"reproduction in copies :.. for purposes such as criticism com-
ment, news reporting, teaching (including multiple copies for
classroom use) scholarship or research, is not an infringement
of copyright."
One of four factors to consider in deciding whether a repro-
duction is fair use is "the purpose and character of the use,
including whether such use is of a commercial nature or is for
Although supported by the fair use doctrine, SCS charged
once cent per page in case any issues of copyright liability
"The time when organizations like the SCS need to pay copy-
right are few, farther between and less clear cut," Elias said.
But Elias said concerns about royalties and liability of SCS
are being evaluated and perfected for future semesters.
"After working with the University, in conjunction with the
vice president of student affairs' office in order to run the
coursepack service as a pilot, our. operation will have to be so
well understood by everyone involved and so safely with an
accepted legal thought as to preclude even the idea of a law
Impressed by the SCS , Prof. Ray Patterson at the University
of Georgia's law school said publishers should not target the
experimental coursepack service. "You have not seen the pub-
lishers sue either the professors or the students," Patterson said.
"The publishers would be pretty foolish to come after students
here," he insisted about the SCS, especially since it is a non-
profit organization.
But Bruce Funkhouser, vice president of business operations
at the Copyright Clearance Center, said he thinks the fair use
doctrine of the Copyright Act applies only to those making
copies for personal use.
The Copyright Clearance Center was established in 1978, on
a.mandate by the government to create a centralized organiza-
tion to get permission to reproduce intellectual property.
Funkhouser said CCC's board of directors represents pub-
lishers, authors, corporate representatives and librarians -

Emestine Bradley, wife of presidential candidate Bill Bradley speaks to the
College Democrats yesterday in the Michigan Union's Pond Room.

Bill Bradley backs union labor

DETROIT (AP) - Democratic presiden-
tial candidate Bill Bradley told an audience
yesterday in the heart of union country that
he supports a strong labor movement..
He also told the 50 union members attend-
ing a luncheon at the Hotel Regis that pro-
tections for union organizers should be
Bradley said workers now can get only
back wages if they prove they were fired for
union organizing. He'd change that so they
could get triple their back wages as well as
punitive damages.

"If you're really interested
families, you have to
make it easier to orga-
nize," Bradley said to
applause. "Working
families are better if we
have labor unions that
are vibrant and grow-
Despite his pro-union
comments, the former
U.S. senator from New r
Jersey and professional

in working

basketball player says he doesn't expect to
win many union endorsements, in part
because he supports the North American
Free Trade Agreement, as does his
Democratic rival, Vice President Al Gore:
Bradley said he hopes unions will stay
neutral in the Democratic race.
That appears unlikely, especially since
AFL-CIO President John Sweeney accom-
panied Gore to Detroit and Iowa over the
Labor Day weekend. The AFL-CIO is
expected at its October meeting to throw the
See CAMPAIGN, Page 2

New blood test detects herpes virus quicker

By Samantha VWalsh
Dabl Staff Reporter
Many diseases are on the rise forcing med-
ical technology to continue strong in its efforts
t protect the world's population. One such
advancement is a new test that can more accu-
*ly detect genital herpes.
To many of America's youth, herpes has
always been one sexually transmitted disease
briefly learned about in high school, but today
one out of every five teens and adults live with
the disease. Inthe past, determining whether or
not a patient was a carrier of the herpes sim-
nlex virus 2 mipht have been more difficult

"The herpes virus is rising the most rapidly
in the teenage population.
- Gray Davis
President, Sexual Health Communication

ing the old test to some concerned patients
because they didn't come in during the three-
day symptom window, said UHS Nurse
Practitioner Arlene Taylor.
The new test might be the answer to end the
rise in statistics regarding the disease and its
"The herpes virus. is rising the most rapidly
in the teenage population with 8 to 10 percent
of college students carrying the disease;" said
Davis. "Unfortunately, only one out of 20 car-
riers know they have the disease and there is a
great lack of knowledge. The only way to
impact transmission is through education."

duced due to a need to better help a rising num-
ber of herpes patients._
Unlike tests in the past, the new technology
allows patient testing at any time rather than a
three-day period during which the virus is
symptomatic. Also the POCkit test is able to
differentiate between various versions of the

Gray Davis, a medical doctor, and president of
Sexual Health Communication. "The -test will
make it able for small town doctors to diagnose
patients where only larger hospitals and spe-
cialists were able to in the past."
Although the test has not yet been marketed,
Shelly Evans, a corespondent for Diagnology,




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