2A -The Michigan Daily - Monday, February 12, 2001 NATION/WORLD Ruling in N SAN FRANCISCO (AP) - Major record labels hope today's long-awaited appellate court ruling in their case against Napster Inc. will force millions of computer users to pay for music the online music swapping service has allowed them to get for free. But if Napster wins, the ruling could unleash any number of other ventures that have been waiting for guidance on whether a "personal use" exception to copyright law allows or prohibits trading songs over the Internet. Even if Napster loses, the technology it introduced is here to stay, particularly in an industry that both loathes and loves the idea of getting music to con- sumers via the Internet and is developing a range of pay-for-play schemes. "Monday's decision may finally clear the way for the legitimate online marketplace to thrive in an environment that encourages both creativity and a respect for copyright," Hilary Rosen, president of the Recording Industry Association of America, said in a statement Friday. The five largest record labels -- Sony, Warner, apster appe BMG, EMI and Universal - sued as soon as the Red- wood City-based service took off, saying it could rob them of billions of dollars in profits. The issue before the U.S. 9th Circuit Court of Appeals is whether to uphold U.S. District Judge Mari- lyn Hall Patel's injunction ordering Napster to shut down pending a trial on the music industry lawsuit. The injunction was stayed pending the 9th Circuit review. But the three-judge appellate panel also could rule more broadly, describing how copyright law should apply to emerging technologies that make it more diffi- cult to control and profit from the distribution of music, software, books, movies and other creative content. U.S. copyright law includes a "doctrine of fair use" which allows copies to be made and used without per- mission if the copying is for a nonprofit purpose, and won't cause the creative content to lose value in the marketplace. The question is whether it is personal use when Napster users collectively make millions of music files available for free to anyone else with a computer and a modem. al expected In May 1999, Napster founder Shawn Fanning released software that made it easy for personal computer users to locate and trade songs they had stored as computer files in the mp3 format, which crunches digital recordings down to manageable lengths without sacrificing quality. The concept of "peer-to-peer" song trading quickly proved too popular to contain. As Napster users grew by the millions, other file-sharing programs also popped up, such as Gnutella and Freenet. And the labels themselves are looking to use the same technol- ogy, only with paying subscribers and secure digital formats that prevent copying. Since the appellate judges began deliberating in October, Napster has made agreements with former business foes like Bertelsmann AG, the parent com- pany of the BMG music unit. The German media giant has promised much-needed capital if Napster switches to a subscription-based service that pays artists' royalties. The other four major labels are holding out for Napster's demise. NEWS IN BRIEF WASHINGTON Clinton could face new impeachment Former President Clinton could face a fresh impeachment inquiry as a result of his last-minute pardon of fugitive financier Marc Rich, a senior Republican said yesterday. Sen. Arlen Specter, a senior member of the Judiciary Committee and a form Philadelphia prosecutor, did not specify what specific charges Clinton mighW face. But he said that based on his legal research, he believed a former president "technically could still be impeached." Replied a Clinton spokeswoman: "Give me a break." Legal experts were divided on whether the Constitution allows Congress to pursue an impeachment case - either over a president's use of his pardon power or against a president who has left office. A Senate Republican leader, Oklahoma's Don Nickles, rejected the idea of a new impeachment case against Clinton, but raised the possibility of using other methods to reduce the former president's pension, office rent allowance and other administrative expenses. Specter, appearing on "Fox News Sunday," said, "I'm not suggesting that should be done, but President Clinton technically could still be impeached." added, "I don't think that trial would take too long." WASHINGTON Bush focuses on quality of life in militr Improving quality of life in the military is the Bush administration's first order of business as it conducts its top-to-bottom armed services review, Defense Sec- retary Donald H. Rumsfeld said yesterday. "I think the focus has to be on quality of life for the people," Rumsfeld said "Fox News Sunday." "Without the men and women that we're able to attract a retain to man the forces, then we really don't have a national defense, so that has to be the first focus" The comments opened a week that Bush has devoted to national security, and came on the eve of his visit an Army base in Georgia to bolster what he has warned is sagging military morale. During the campaign, Bush said equipment shortages, poor housing and pay and unfocused, "overextended" missions were eroding morale. At Bush's direction, Rumsfeld has undertaken a "force structure review"of the Pentagon, and the administration will rely on that examination as it sets defense spending priorities. The defense secretary said on ABC's "This Week" that he remains convinced a defense budget increase is necessary. Northwest mechanics threaten to strike BLOOMINGTON, Minn. (AP) - Leaders of the mechanics union at Northwest Airlines cried foul this weekend over their treatment by feder- al mediators and vowed to prepare for a strike regardless of President Bush's intent to stop one. The National Mediation Board over- saw more than 100 days of negotiations but decided the talks between North- west and the Aircraft Mechanics Frater- nal Association were deadlocked. The two sides were about $2 billion to $2.5 billion apart on issues of wages, retroactive pay and pensions. The board released the parties from the talks late Friday, triggering a 30-day cooling-off period required under feder- al law before the union could strike. But the board also recommended that Bush take the unusual step of appointing a Presidential Emergency Board to prevent a strike and study the dispute. Hours later, Bush said he'd do just that if Northwest and AMFA don't settle by 12:01 p.m. EST March 12. By appointing an emergency board, the president would push the union's first chance to strike back to mid-May. In the meantime, the board would have 60 days to negotiate a settlement and could even send its proposal to Con- gress for a vote. 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MD: Expires 5/15/01 627 South Main Steet, 1747 Plymouth Rd. at South Main Market at Courtyard Shops 213-2279 994-9088 What a difference HONOLULU Search continues for victims of sub crash Relatives of the Japanese fishermen and students missing after their ship was rammed and sunk by a U.S. sub- marine brought their vigil to Hawaii yesterday as rescuers continued searching for their loved ones. But hope dimmed as the Coast Guard and Navy found no signs of sur- vivorsnor major pieces of wreckage more than 48 hours after the collision in a search that covered more than 5,000 square miles of the Pacific Ocean. The Ehime Maru fishing vessel sank in 1,800 feet of water 10 minutes after it was struck by the USS Greeneville on Friday afternoon. Thirty-four family members and officials traveled from Osaka to be with survivors and await word of the three crewmen, two teachers and four students who disappeared in the chop- py waters where the ship sank. BAGHDAD, Iraq Allied strikes injure 7 Iraqis, destroy homes Iraq said U.S. and British warplanes injured seven people and destroyed 17 houses in airstrikes yesterday in the southern part of the country. Bombs hit civilian buildings and military installations in the provinces of Basra and Maisan, an unidentified military spokesman said in comments carried by the official Iraqi News Agency. The strikes injured four men, two women and a 4-year-old child,*the spokesman said. He said the horses were destroyed in Basra, 340 miles south of Baghdad. "Our heroic missile units confronted the enemy warplanes, forcing them to leave our skies," the spokesman added. The U.S. Central Command i Tampa, Fla., said U.S. and Britio planes struck anti-aircraft artillery sites in southern Iraq in response to anti-air- craft artillery fire against its planes: TALLAHASSEE, Ra. Fla. uietly removes Co ederate flag The Confederate flag that has flown at the Florida Capitol sink 1978 has been removed. The flag was retired quietly Feb. 2, in contrast to the uproar in other states over the Confederate flag, which some say symbolizes South- ern heritage but others contend rep- resents slavery. "The governor believes that most Floridians would agree that the sym- bols of Florida's past should not b displayed in a manner that ~ihn divide Floridians today," Gov. Jeb Bush's spokeswoman Katie Baur said in a statement. Last month, the Georgia Legislature approved a new state flag that is domi- nated by a gold state seal. The previous flag, with the Confed- erate emblem, is depicted among five tiny flags from Georgia's history along the bottom of the banner. - Compiled from Daily wire repprO .4 .4 .4t 0 -4 -4 w 1 C- 64 Y-4 C" L 'b P, F' 1 k' V N4 b- k the train makes! The Michigan Daily (ISSN 0745-967) is published Monday through Friday during the fall and winter terms by students at the University of Michigan. Subscriptions for fall term, starting in September, via U:S. mail are $100. Winter term (January through April) is $105, yearlong (September through April) is $180. On-campus subscriptions for fall term are $35. Subscriptions must be prepaid. The Michigan Daily is a member of The Associated Press and The Associated Collegiate Press. r ADDRESS: The Michigan Daily, 420 Maynard St., Ann Arbor, Michigan 48109-1327. PHONE NUMBERS (All area code 734): News 76-DAILY: Arts 763-0379; Sports 647-3336; Opinion 764-055 Circulation 764-0558; Classified advertising 764-0557; Display advertising 764-0554; Billing 764-0550. E-mail letters to the editor to daily.!etters@umich.edu. World Wide Web: www.michigandaily.com. Ca~ ldA CTAC ; . s*-..,.. . * - f~s##f Y1'tnan Ciier i fh Yo U. ;a FnITnRInl STAFF. upnttrev ciaennn tcntnr in cnier 9 CUMPKIH4 omrr aat:ulrruy aa5nuiel &uNwr M a.ncr i Enjoy the comfort and convenience of traveling with Amtrak this spring. NEWS Nick Bunkley, Managing Editor EDITORS: David Enders, Usa Koivu, Caitlin Nish, Jeremy W. Peters STAFF: Kristen Beaumont. Ted Borden, Anna Clark, Courtney Crimmins, Whitney Elliott, Jen Fish, Samantha Ganey, Jewel Gopwani, Ahmed Hamid, Lisa Hoffman, Elizabeth Kassab, Jane Krull, Tovin Lapan, Hanna LoPatin, Susan Luth, Louie Meizlish, Jacquelyn Nixon. Shannon Pettypiece, James Restivo, Stephanie Schonholr, Nika Schulte, Karen Schwartz. Mana Sprow, Carrie Thorson, Jaimie Winker. CALENDAR: Lindsey Alpert: GRAPHICS: Amanda Christianson, Scott Gordon. } EDITORIAL Michael Grass, Nicholas Woomer, Editors ASSOCIATE EDITORS: Peter Cunniffe, Manish Raiji, Josh Wickerhaam STAFF: Ryan Slay, Kevin Clune, Sumon Dantiki, Rachel Fisher, Rob Goodspeed, Jessica Guerin, Justin Hamilton, Johanna Hanink, Aubrey Henretty, Henry Hyatt, Shabina Khatri, Fadi Kibiawi, Waj Syed, Ben Whetsel. CARTOONISTS: Dane Barnes, Aaron Brink, Chip Cullen, Thomas Kulgurgis. COLUMNISTS: Emily Achenbaum, Gina Hamadey, David Horn, Chris Kula, Branden Sanz, Dustin Seibert, Mike Spahn, Amer Zahr. SPORTS Jon Schwartz, Managing Edito~ SENIOR EDITORS: Raphael Goodstein, Michael Kern, Joe Smith, Dan Williams NIGHT EDITORS: Kristen Fidh, Arun Gopal. Steve Jackson, Jeff Phillips, Ryan C. Moloney, Benjamin Singer, STAFF: Roht Bhave, Michael Bloom, Chris Burke. Kareem Copeland, David Den Herder, Chris Duprey, Mark Francescutti. Rhonda Gilmer, Richard Haddad. David Horn. Adam Kaplan. Shawn Kemp. Albert Kim. Seth Klempner, Adam McQueen, Nathan Linsley, Peter Lund, James Mercier, Stephanie Offen. Swapnil Patel. David Roth, Naweed Sikora, Jeb Singer, Jim Weber. ARTS Ben Goldstein, Managing Editor EDITORS: Jennifer Fogel, Robyn Melamed WEEKEND, ETC. EDITORS: Jenni Glenn, Elizabeth Pensler SUBED|TORS: Lyle Henretty (Film), Jim Schiff (Fine/Pefforming Arts), Usa Rat (Books), Jeff Dickerson (TV/New Media), Luke Smith (Music). STAFF: Chanty Atchison, Gautam Baksi, Matthew Barret, Ryan Blay. Leslie Boxer, Rob Brode, Christopher Cousino: Katie Den Bleyker, Kiran Divvela, Gabe Fajun. Melissa Gollob, Matt Grandstaff, Joshua Gross, Christian Hoard, Chris Kula, Jenrny Jettes, Matt Manse, Wiiihemira Mauntz, Sheila McClear, W. Jacal Melton, Shannon O'Sullivan, Bex Dxerburg, Darren Rirgel. Dustin Seibert, Jacquelene Smith, Andy Tayor-Fabe, Kelly Vile, John UN. PHOTO Louis Brown, Jessica Johnson, Editor ASSOCIATE EDITORS: David Katz, MaroieMarshall ARTS EDITOR: Abby Rosenbaum STAFF: Rachel Feierman, Tom Feldkamp, Sam Hollenshead, Jeff Hurvitz, Joyce Lee, Tom Lin, Danny Moloshok, Brendan O'Donnell, Brad Quinn, Brandon Sedloff, Khang Tran, Ellie White, Alyssa Wood. ONLINE Kiran Divvela, Paul Wong, Managing Editors STAFF: Rachel Berger. Usa Cencula. Dana M. Goldberg, Sommy Ko, Mark McKinstry Vince Sust. CONSULTANTS: Toyn Akinmusuru, Mike Bibik, Satadru Pramaik - - - - 9- - pj - - - * * Student Advantage® Members save 15%* on rail fares to over 500 destinations all year long, including Spring Break. 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