One hundred ten years ofeditoralfreedom
February 13, 2001
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SAN FRANCISCO (AP) - Nap-
ster must stop allowing the millions of
music fans who use its free Internet-
based service to share copyrighted
material, a federal appeals court ruled
he three-judge panel allowed Nap-
ster to remain in business but told a
lower court judge to rewrite her
injunction that ordered Napster to shut
down pending a trial in a lawsuit filed
by the recording industry.
The 9th U.S. Circuit Court of
Appeals also said Napster must lock.
out those users who exchange copy-
righted songs without permission.
*he appellate court had earlier
issued a stay of the injunction.
"This is a clear victory," said Hilary
Rosen, president and CEO of the
Recording Industry Association of
America. "The court of appeals found
that the injunction is not only warrant-
ed, but required. And it ruled in our
favor on every legal issue presented."
Napster can stay in business until
U.S. District Judge Marilyn Hall Patel
retools her injunction, which the
appellate court's 58-page opinion
called overbroad. In fact, minutes after
the panel's decision, thousands of Nap-
ster users were still trading music files
on just one of the company's more
than 100 servers.
The panel said Napster may be liable
if it does not actively prohibit its users
from swapping protected material.
Rather than placing the entire burden on,
Napster, however, the court said the
recording industry must warn Napster
that copyrighted work is on the service
before the company is found liable..
The court did not specify what-kind
See NAPSTER, Page 7
Service replaced CDs
By Hanna LoPatin
Daily Staff Reporter
Until LSA junior Aaron Penn got kicked off
Napster for downloading a Metallica song last
year, he loved the service and used it often.
"I thought it was pretty lame because I've actu-
ally purchased a lot of Metallica CDs in my life,"
Penn said about getting ousted from his member-
ship. "I don't really know what the problem is
with sharing information."
While many students like Penn are disappoint-
ed that their source for free music seems to have
dried up, there is also an understanding for the
"Though I love Napster, I think its opera-
tions are kind of shady," said LSA freshman
Sina Joorabchi, who said he is an "avid Nap-
"They're taking away from the music indus-
try," he said.
LSA junior Tim Kable said he has stopped
buying CDs since he began using Napster.
"That's usually how I get all my music," he
said. "I like it, but I don't know if it's necessarily
See STUDENTS, Page 7
Napster Inc. founder Shawn Fanning looks down during a
press conference in San Francisco yesterday.
helps many races
Daily Staff Reporter
DETROIT As the lawsuit challenging the
Law School admission policies heads into its
final day of witness testimony later this week, the
intervening defendants yesterday attempted to
show that affirmative action is not a black-and-
white issue - liter-
including the . ONTRIAL'
the Center for
admissions can be detrimental to Asian-
Americans because they are not typically
classified as underrepresented minorities.
' sian-Americans clearly benefit and are
c rly not harmed (by affirmative action)," said
Howard University law Prof. Frank Wu. Because
the term "Asian-American" encompasses many
different countries, Wu told U.S. District Judge
Bernard Friedman, to call all Asians overrepre-
sented is misleading.
For example, the passage of Proposition
209, which ended affirmative action in Cali-
fornia, has eliminated the representation of
certain Asian groups - such as Filipino stu-
dents - at the University of California at Los
It is widely acknowledged, Wu said, that
Asian-Americans have been held up as a kind of
"model minority." While this may seem positive,
Wu warned that the positive stereotypes of
Asian-Americans carry with them a negative
But CIR lawyer Larry Purdy disputed this
point, saying outside the courtroom that "I don't
think any of the positive things you hear about
Asian-Americans are then used in a negative
way," a point he attempted to make during cross
Wu testified that the stereotype of Asian-
Americans as a "model minority" not only pro-
motes discrimination but also pits
Asian-Americans against blacks in the affirma-
tive action debate.
Because of the success of some Asian-
Americans, Wu said, the group is "brought
into this debate and held up as if to say, 'They
made it, why can't you?"' to blacks.
Wu said he was also troubled by the stereotype
because it causes backlash against Asian-Ameri-
cans. Hate crimes against Asian-Americans, he
said, increased after the passage of Proposition
"Asian-Americans have benefited tremendously
See TRIAL, Page 7
University Prof. Francis Collins (center), who heads the Human Genome Project, listens to Eric Lander, director of the Whitehead Institute
Center for Genome Research during a Washington press conference yesteiday. Cetera Genomics PresidentJ. Craig Venter is at left.
Geni6iomae 's*urprisngly smnall
From staff and wire reports
Competing maps of the human genome are
being laid bare this week as scientists hurry to
tell the world what treasures lie buried in the
long, complex chain of human DNA.
Like pirates' maps spread out on a sandy
beach, with exciting details on view for the
first time, the genetic data offer intriguing
clues to how life operates, where we came
from, and how we got here.
"This turns all the lights on now," molec-
ular biologist Richard McCombie said yes-
terday at the Cold Spring Harbor
Laboratory in New York, who is a key play-
er in the publicly financed Human Genome
Project. Now, "you can see everywhere" in
the human set of genes, and "we'll be
forced to ask bigger questions."
"There are some
- University Prof. Francis Collins
Human Genome Project director
University Prof. Francis Collins, head of
the public project, added: "There are some
stunners here." For example, far fewer genes
have been found than expected. "We thought
we were big, fancy, complicated organisms.
But our gene-list is a lot less impressive than
we expected. That's quite a surprise."
The main surprise is that the human
genome is rather small, containing only
about 30,000 to 40,000 genes, rather than
the anticipated 100,000-plus.
University genetics Prof. Miriam Meisler
said despite the fact that fewer genes were
discovered than originally anticipated, many
of them remain a mystery to scientists.
"We want to determine the function of
genes that are completely unknown,"
Meisler said. "That's a big goal for the next
10 years, to assign function to the genes we
don't know about yet"
Although finding fewer genes means
there's less to look at, it also means that the
genes are more complicated than expected.
The low gene number overturns the cher-
ished idea that each gene has only one func-
tion. Instead, it appears that each gene makes
perhaps three or more proteins, and scientists
must sort out just how that is done.
The first analyses of the human gene set
See GENOME, Page 7
Southeast Michigan commuter
rail system seeks more funding
LSA freshman Alexis Fabrikant talks on her Web phone from her residence hall. Like many students,
Ikant finds Web phones more economical than calling on conventional phones.
Web phones rove useful
for londistance caing
By Louie Meizlish
Instead of paying long-distance rates for
daytime calls or even paying less for night
and weekend calls, some students are choos-
ing to connect to family and friends through
worldwide calling at reduced prices.
"We started and 12 million people around
the world have signed up for it.... In the first
year of service we did a billion minutes of
phone calls. ... It's a very popular service,"
Dialpad Marketing Manager Mark Barthele-
Barthelemy said college students are one of
A proposed commuter rail system between
Detroit and Lansing, with stops in Dearborn,
Ann Arbor, Howell and possibly Detroit Metro-
politan Airport is seeking funding from the state
and local governments.
A study of the project is required before it
proceeds, Project Director Debbie Alexander
The group has so far secured a $7.5 million
grant from the federal government, which can
cover only 80 percent of the cost of the study.
The other 20 percent, said Alexander, would
have to be funded by the state and local gov-
That leaves approximately $20,000 per city to
"The mayor is a big advocate of rail trans-
portation," Laundroche said, also pointing out
that Guido serves on Amtrak's Mayor's Adviso-
The city of Howell is also expected to consid-
er appropriating such funds at its city council
meeting tonight, said the city's community and
economic development administrator, Carolyn
Ann Arbor Mayor John Hieftje, who has not
yet received the proposal from Lansing's Capital
Area Transit Authority, said, "We will sit down
at council and seriously consider it."
Greg Bowens, press secretary for Detroit
Mayor Dennis Archer, said Archer also had not
yet received CATA's proposal, but added that his
boss "has been pushing pretty hard for a region-
Detroit to Ann Arbor:
Detroit to Lansing:
rail service between
Lansing and Detroit
Yearly operating cost: $9 million
Stops: Dearborn, Ann Arbor and