One hundred ten years ofeditoralfreedom *rnt NEWS: 76-DAILY CLASSIFIED: 7640557 wwwmichigandaily.com Tuesday February 13, 2001 L&. l o.,81 ' Nalpster must stop free trading 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 yesterday. 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 for many By Hanna LoPatin Daily Staff Reporter U students 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 artists' plight. "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- ster user." "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. Intervenors argue affirmative action helps many races 1Jen Fish 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- ally. Opponents of *rmative action, including the . ONTRIAL' plaintiff's counsel the Center for Individual Rights, have contended that race-conscious 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 Angeles altogether. 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 counterpart. 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 examination. 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 209. "Asian-Americans have benefited tremendously See TRIAL, Page 7 AP PHOTO 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 Stunners here." - 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 BRETT MOUNTAIN/Daily 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 Daily StaffReporter PMaren Schwartz Staff Reporter 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 their computers. 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- my said. 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 said. 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- ernments. That leaves approximately $20,000 per city to Guido. "The mayor is a big advocate of rail trans- portation," Laundroche said, also pointing out that Guido serves on Amtrak's Mayor's Adviso- ry Council. 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 Bennett. 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: Proposed commuter rail service between Lansing and Detroit Yearly operating cost: $9 million Stops: Dearborn, Ann Arbor and Howell Passenger costs $3.84 $7.20 G' ;