The Michigan Daily -Tuesday, February 13, 2001-7

Napster dealt stinging legal blow after
9th Circuit ruling, vows tofile appeal

NAPSTER
Continued from Page 1.
of sanctions Napster might face.
In a statement, Napster said it was
"disappointed" by the ruling and said
it would appeal. "We look forward to
getting more facts into the record. We
will pursue every avenue in the courts
and the Congress to keep Napster
operating.'
The judges said it was apparent that
"Napster has knowledge, both actual
and constructive, of direct infringe-
ment," adding that the recording
industry "would likely prevail" in its
uit against the file-swapping service.
"We affirm the district court's con-
clusion that plaintiffs have demonstrat-
ed a likelihood of success on the
merits of the contributory copyright
infringement claim," the ruling said.

"Napster has knowledge, both actual
and constructive, of direct infringement."
- 9th Circuit Court of Appeals ruling on Napster Inc.

"We, therefore, conclude that the
district court made sound findings
related to Napster's deleterious effect
on the present and future digital
download market," the appeals court
ruled. "Having digital downloads
available for free on the Napster sys-
tem necessarily harms the copyright
holders' attempts to charge for the
same downloads."
Napster argued that it was not to
blame for its subscribers' use of copy-
righted material, citing the Sony Beta-
max decision of 1984, in which the U.S.
Supreme Court refused to hold VCR

manufacturers and videotape retailers
liable for people copying movies.
Fearing an immediate shutdown
of the service that has changed the
face of music, millions of users
flooded the company's computer
servers this weekend to download
free music. Napster has an estimated
50 million users.
Webnoize, which monitors the
digital entertainment economy, esti-
mated that 250 million songs were
downloaded using Napster over the
weekend and that on average, 1.5
million users were logged on at any

one time.
Major record labels hoped yester-
day's ruling would force millions of
computer users to pay for music the
on-line music swapping service has
allowed them to get for free.
Had Napster won, the ruling
could have given new life to other
business ventures that have been
waiting for guidance on whether a
"personal use" exception to copy-
right law allows or prohibits trading
songs over the Internet.
The digital music technology
Napster made popular is here to stay
either way. The recording industry
appears stymied by the notion of
funneling music to consumers via
the Internet for a price while freely
available computer applications
allow even the computer novice to
do it for free.

STU DENTS
Continued from Page 1
egal."
RC sophomore Kristin Oberheide lives in East
Quad Residence Hall, where she said download-
ing music is easy and fast because of the Ether-
net connection provided.
"I wouldn't be surprised if they shut it down,"
Oberheide said. "The whole thing is a little bit
-sketchy."
Some students said they understand the case made
against Napster in terms of copyright laws but feel

the artists should have an appreciation for the free
mp3 sharing that Napster provides.
"I think it's legitimate," said LSA sophomore
Ntina Kalogeropoulos. "At the same time, artists
need to be aware. A lot of them claim that they're
only in it for the music, not in it for the money, and
then they complain."
Penn said music revenue should depend less on
album sales and more on concerts.
Napster should be "a wake-up call for musicians
that they can't depend on album sales," he said.

be made when it comes to copyright laws.
"They ought to decide one way or the other which
side the law's going to protect, because it's kind of a
gray area right now," he said.
LSA sophomore Dana Davis said she does not use
Napster but many of her friends will be disappointed
if the music swapping service shuts down.
"But I'm sure the music stores are going to be
happy,"she said.
Some students have no sympathy for Napster.
"I've used it a couple of times, but Napster is bad for
the free market," said Music senior Boyd White. "It
means nothing is your own."

TRAINS
Continued from Page 1
infrastructure as possible," Alexander
said initial start-up costs, including
infrastructure improvements and the
purchase of trains, would total
approximately $80 million.
Hopefully, she said, 80 percent of
those costs could be covered by the fed-
eral government under the Transporta-
tion Efficiencies Act, a bill originally
sponsored by Transportation Secretary
Norman Mineta when he was a member
of the U.S. House of Representatives.
Yearly operating costs would be
about $9 million for the rail service,
$6.4 million of which would be cov-
ered by passenger fares.
Under the proposed fare of 12
cents per passenger mile, the average
W11EB PHONES
Continued from Page 1
couldn't have done before," he said.
"And if you have a computer all you
have to do is sign up and invest in a'
headset."
LSA freshman Alexis Fabrikant
uses Netphone to talk to her
boyfriend in California. "When it
works, I use it for probably two or
three hours a week," Fabrikant said.
"Why wait for night rates to call
long-distance when you can just use
a free phone anytime?"
Fabrikant said despite lags in
response time and other slowdowns,
she has found the internet a better way
to keep in touch with people.
"I use long distance a lot more now
that I can talk for free. My phone bill
was so expensive before that it was
hard to call everyone I wanted to," she
said.
Engineering senior Melissa Simp-
son used to use the Internet to make
calls, and said she would recommend
it to other people. "Sometimes the call
would be dropped or it'd be hard to
hear, but even though there's a delay,
TRIAL
Continued from Page 1
from affirmative action and in addition,
we wanted to make clear that the Asian-
American community has overwhelm-
ingly taken a position of refusing to be
used as a vehicle for racist insults
towards other minorities and, in particu-
lar, black people," said Miranda Massie,
lead counsel for the intervenors.
Also testifying yesterday was Faith
Smith, President of Native American
Educational Services, a private col-
lege. Smith said the dropout rate for
Native Americans is high at conven-
tional colleges.

trip to Detroit from Ann Arbor would
cost $3.84, while a trip to Lansing
would average $7.20.
Passengers purchasing single tickets
would pay slightly more while passen-
gers with monthly passes would pay
slightly less, Alexander said.
The remaining $2.6 million would
have to be covered by municipal govT.%
ernments, she added. ".
Ann Arbor Transit Authority E.p:-
utive Director Greg Cook said VLf
AATA would work to provide bute$
to bring commuters from the Depot
St. train station to the city. Cook said
he is hopeful CATA's proposal will
get off the ground.
"We're supportive. The project,-
needs density and financing. If they
can get those two things it could be'.
success," he said.
it's free," she said.
As far as technology is concerne
Andy Palms, associate director ofUi e cC
University's Internet Technology Cjd
munications, said the voice technolci '
does not create a problem for the Uni-
versity network.
"You can use this all you want -in
terms of network capacity it's'a non
issue," Palms said. "Even if all of cain-,
pus was using it, it'd be just such .a
small amount of traffic. It'd probabty
be about 3 or 4 percent of the total
traffic on campus."
LSA freshman Josh Zimmerman
has used an Internet telephone service-
but prefers talking on the phone. I
said he's had problems with the cvr sa d
versations being jumbled and hard?5
understand.
"If I had absolutely no way other
way of making a long distance call or,
if I felt really broke, then I'd call that
way, but I'd rather use my regular
phone," Zimmerman said. "Or if it,
was a fairly unimportant and quick'
call I'd use it. But if it were going o,
be important, I'd rather spend the
extra money to have a clear conversa
tion."
She added that affirmative action pro-
grams are necessary to educate main- g
stream society about Native America,-
and it also helps to "change the qual '
of people working in our community.'"
The University also recalled Edud1-g
tion Prof. Stephen Raudenbush, wyI:
reiterated his earlier testimony criticiz-
ing the analysis of CIR witness and sta-
tistician Kinley Larntz, who maintained
that there is no statistical model that can'
measure the extent to which race is used
in admissions decisions.
The intervenors will continue thi..
case presentation Thursday, and e -
side will have 45 minutes for close
arguments on Friday.

Whatever the future;
sites, Penn feels some

of music swapping web-
major decisions need to

GENOME
Continued from Page 1
are being published by the Human
Genome Project in Thursday's issue of
the British journal Nature. The com-
:peting version of the genome -
according to Celera Genomics Inc.,
the private gene-chasing company -
'will appear Friday in Science, the jour-
nat of the American Association for
he Advancement of Science. Details
of both were announced yesterday.
"There are a lot fewer genes than any-
:one expected," said mathematician/
:geneticist Eric Lander, a leading
researcher at the Whitehead Institute in
Cambridge, Mass., and first author on
the Human Genome Project's report.
the michigan daily
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"The implications are important,
because it means there are many fewer
genes that need to be characterized."
Celera also announced yesterday that
the mouse genome has been deciphered
- an important step, because the
human and mouse genomes are similar
in size and function, and can now be
compared gene-by-gene. Because the
mouse is so useful in experiments, the
function of human genes can be
inferred by testing all the mouse genes.
McCombie said when genome
research "gets into the mouse, then it's
just going to explode" with exciting new
research results. Human diseases can be
mimicked, drugs can be tested, and
treatments can be devised.
Meisler, who is working on the

sequencing of the mouse genome, said
the similarity between the two provide
important comparisons.
The functional genes in a mouse are
85 percent the same as the functional
genes of humans, Meisler said, while
the nonfunctional genes are less than 50
percent the same. This means that the
mouse genome can help identify the
functional parts of the human genome.
An added advantage of the mouse
genome is the ability to experiment in
ways that can't be done on humans,
Meisler said.
But the main discovery - that
humans have fewer genes than expect-
ed (Celera says 26,000 to 39,000; the
public consortium, 30,000 to 40,000)
- is important because the body's

proteins are all created via instructions
in the genes, and now there seem to be
more proteins than there are genes. A
gene's chemical code specifies which
building blocks - amino acids - get
strung together in specific arrange-
ments to make different proteins.
So how might a single gene make
more than one protein? One sugges-
tion, Lander said, is that "there is more
mixing and matching of parts" during
protein-building than was expected. It
now seems that the proteins vital for
life "are put together in a richer set of
combinations," Lander said.
As a result, "we get more out of our
proteins than others" such as fruit flies
and worms do, and "that was unexpect-
ed, a real surprise," Collins said.


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