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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Aug. 23, 2000)
Wednesday, Auk nesday, August 23, 2000 PIN Page 15 THE BATTALION ownload Incomplete apster legal defense is an insult to precedent copyright law, company should lose lawsuit to RIAA ANDY HANCOCK/Tfn-: Bah from a football train? im and the yell leadt" he battle over MP3 distribu- n and online in- in^ement is garting to re- mble an pisode of TV's Celebrity Death Match.” In one corner stands the pro-Napster ontingency headlined by the boys of imp Bizkit. In the other is Metallica, rep- :senting stingy old fiends with the gall to xpect compensation for the use of their roperty. Although this matchup will likely end uruiM o opposite ster in which moretham : us live as refugees in Ta ny Tutsis are forced los| i army-protected camps, U.S. government don ion in aid last year alone,! extra $1 million to fB sha negotiations in tl li/ing the region. C to in neighboring R m 500,000 Tutsis werel teres orchestrated by ttati tremist Hutu government >ya says he could if pressured by H on the points already age e wants to leave the ceas leadership issues n Tuesday, those pointssn) already worked outta y called into questionitl utsi political partiesjoil r the accord to bee abated and refused to® even Hutu political pai eed in principle to sip e little or no influenceoti; 1 Piracy Online Special Series Part 1 oF 3 in clay on MTV, the case’s real details are much more complicated than anything 11s Lane could sort out. Whether the battle is fought in a court- :oom or the squared circle, Napster should lose its case against the Recording Indus try Association of America (RIAA). Napster Inc. is fighting to survive in a California court because the RIAA has, quite correctly, accused the young soft ware company of facilitating rampant copyright infringement. For years, RIAA has unsuccessfully sued various other players in the MP3 game, until the break through case against MP3.com. Earlier this year, the RIAA won a mul- timillion-dollar lawsuit against the Web site for making online versions of CDs available to the site’s My MP3.com suscribers. The MP3 situation has reached a crux, and it is time for the courts to make the right decision. The RIAA should win its suit against Napster, shutting down the service and cutting the head off a promi nent source of criminal activity. In July, Napster entered its first brief to California Judge Marilyn Patel. Napster’s brief focused on two simple points: There are correct, legal uses of Napster, and not allMP3s are illegal. Napster’s first point is one many other MP3 companies have used to defend themselves in court. Most MP3-related op erations have remained legal by constantly finding loopholes. Because some MP3s are legally released by their owners or are copied, or ripped, from a CD the consumer owns, MP3 applications, Websites and portable devices maintain a possibility for legal use. Likewise, Napster’s July brief stated that its service is legal because it can be used to trade legal files — that the poten tial for legal use justifies its overwhelming illegal use. This logic amounts to little more than pulling the wool over the judge’s eyes. Sure, Napster has legal uses, but so do gups. Just because guns have legal uses does not mean there should not be regula tions on who owns one and how they are used. Even though Napster lawyers con tend the application can be used legally, this does not guarantee its legality. A more realistic comparison is Sony’s Betamax technology. In 1984, when the motion-picture industry sued Sony over the company’s Betamax home video recorder, the precedent of defin ing a technology’s legality was set. The courts decided that, if a technolo gy has “substantial non-infringing uses,” consumers could not be denied access to it. While the Internet, the MP3 file format, MP3 applications and Websites all have “substantial non-infringing uses,” Napster, as it is currently being used, does not. The vast majority of file trading using Napster servers is blatant copyright in fringement. To contest that Napster’s few legal transactions prove the program’s le gality is working a loophole well enough to make any politician proud. The second point of Napster’s original brief contends that the 1992 Audio Home Recording Act (AHRA) and last year’s RIAA/Diamond Multimedia Systems law suit protect the trading of music files for non-commercial use. The law states that consumers can make digital recordings of music for private use, but those recordings cannot be copied for other consumers. Unfortunately for Napster users, they, are copying files for other users, even if they are sharing MP3s they legally ripped from their own CD. The AHRA allows people to make MP3s, but posting them for mass distribution is still illegal. Napster’s July legal argument verified the fact that the program has legal uses and that some MP3s are legal, but this is not enough to save Napster. Accordingly, Judge Patel slapped an injunction on the company, requiring it to unlist all illegal files. While this injunction would have temporarily shut down Napster, the com pany’s lawyers quickly fired back with an appeal that has kept the service up and running for now. On Friday, Napster filed a more complete brief to once again fight for the applica tion’s legality. Nap ster contends it cannot comply with Patel’s ruling to filter out illegal MP3s because “file names often do not distinctly identify ... whether the music is from a CD (in which the plaintiff record ing companies may own the rights) or a recording of live concert (which many artists allow to be freely circulated ...),” so it cannot effectively remove illegal files. The brief also states that following Pa tel’s request would restrict its users and so ciety from the innovative and important peer-to-peer technology. While it is true filtering out the bad from the good would require a total redesign of Nap ster’s technology, and would deprive users of the program’s few legal uses, doing so is a necessary step to finally make Napster a legal application and ensure that those who own the copy rights, be it the artist or the record compa ny, stay in control of their property. Napster may not want to hear it, but a line has to be drawn between the inno cence of the program’s potential and the blatant criminality of trading copyrighted files. Napster’s users are breaking copy right laws with almost every point and click. Napster’s legal arguments have kept it online so far, but the loopholes are run ning out. As sad as it may be, the end of Napster in its current state will come sooner or later. If the RIAA wins this lawsuit, the second generation of peer- to-peer trading, one that satisfies all parties and does not make a mockery of copyright laws, can be ushered in. Eric Dickens is a senior English major. the signing date appmL yoya wavering, the ft* ve launched a series ofw' d attacks aimed at n the last three weeks® s have killed 27 armycai ionic from a basketball® military commanderII aiming from the capital, hacks have led to mil in Hutu villages around 1 and the fighting 1 1 the army’s reluctanct ver. hardline leaders have® o take part in the dng they will notdeal* 1 el and political leaders their hands. Bull Board >ubishi recall )00 vehicle fO (AP) — For years,t| 5 at Mitsubishi Motfi ucked consumer co r j| about auto defects | place, a file knowni i as “H,” an abbreviatf panese word for hi ing. complaints by JapanS ers were never report orities — they star vaiting clarification, £ n or documentation^ never came, lefects, including fail' fuel leaks, malfuncft tches and fuel W falling off, were fixed l< by-case basis to av i? liliating recalls, announced another$1 affecting 88,000 cars ; alf of them in the Mitsubishi acknowledf time cover-ups. cuments submitted irnment, the autorn^ practice dated id was carried out" knowledge of w 's,and even one ember. Good bull — With the ap preciation of many students, the Department of Food Services will continue the Outbound Dining option for meal plans at all campus din ing facilities through the fall semester. Upper classmen: remember the days before the ex pansion of Outbound Dining? The only op tions were to eat at a din ing hall or redeem a measly Aggie Meal Credit (AMC). Contrary to Food Services’ catch phrase, dining on campus was nowhere near fun back then — more like frus trating. With Sbisa Dining Hall scheduled to reopen for the spring semester, most students should hope things do not go back to the way they were. Bad bull — The steamy open-mouth kiss between Vice President A1 Gore and Tipper, his wife, at last week’s Democratic National Convention was extreme ly cringe-worthy. One must feel some sympathy for the man — he was seconds away from giving the speech of his political life and all he had to do was embrace his wife before he went to the podi um. Instead, he fumbled and added more fodder to , his awkward robotic per- | sona. One can only specu late what Gore’s exact thoughts were as he ap proached his wife: “Whatever you do, Al, do not look awkward. Do not look awkward. Hug Tipper — check. Gaze into her eyes — check. Peck her on the lips ... wait a minute. Something is wrong. Why are we awkwardly staring at each oth er? Just kiss her before things get worse. Danger! Danger! Does not compute! Does not compute!” — David Lee Tradition of overhype Despite risk of letdown, new students can find help JESSICA CRUTCHER N ot sur prising ly, fresh man year is difficult for stu dents at Texas A&M. It is the year they arrive on campus, of ten hours away from anyone they know. No one care how important they were in high school. No matter how much scholar ship or financial aid money one re ceives, it probably will not go as far as expected. If students are for tunate enough to make it through the entire year without subsisting solely on ramen noodles at some point in time, they should thank the gods that be for this blessing. Is Texas A&M an excellent school? Yes. But it is not the happiest place on earth, where good grades flow freely and everyone says "howdy. Considering all of this, one can become disillusioned rather quick ly with the whole “Fightin’ Texas Aggie Spirit” front A&M is so fond of presenting. College life is not as fun as it was made out to be during re cruiting sessions and freshman orientation. Far from being one big happy family, A&M has the same number of squabbling student groups with inflated senses of self importance as every other major university. Many students will discover that counselors and office person nel are not quite as helpful after their money got reeled hook line and sinker into that void that is the Texas A&M University System. One of this writer’s most vivid memories of freshman year was walking into a University office that shall remain nameless to re- -quest an appointment in person since phone calls had gone unre turned for five days. Imagine the joy with which this response was met: “Look, all our counselors are really busy recruit ing right now, and they just don’t have time to talk to you.” So much for caring staff at a University where everyone is supposedly more than a number. Is Texas A&M an excellent school? Yes. But it is not the hap piest place on earth, where good grades flow freely and everyone says “howdy.” There really are people out there who care. Some where. The hard part is figuring out who they are. There are entirely too many stu dents who stumble blindly through their college careers because they have no idea who to turn to for help. Thankfully, several programs are devoted to helping students re solve conflicts. These organiza tions include the Student Counsel ing Service, the Department of Student Life, Residence Life, the Student Financial Aid Office, and the Department of Multicultural Services. The Student Counseling Service provides a wide variety of services, from crisis counseling to career ad vice. The Department of Student Life’s goal is to provide education, outreach, and support for students. It also provides services for specif ic groups of students, such as mi- Considering all of this, one can become disillu sioned rather quickly with the whole "Fightin' Texas Aggie Spirit" front A&M is so fond of presenting. Col lege life is not as fun as it was made out to be during recruiting sessions and freshman orientation norities and gay and lesbian groups. The Student Financial Aid Of fice can be a lifesaver for students struggling to pay tuition. More in formation can be found at http://vpsa.tamu.edu/services.htm. Texas A&M really is a top- notch University, but it is not the idyllic place people make it out to be. Despite A&M’s drawbacks, freshmen should remember there are places to go for help. No matter how horrible things seem, there is a good chance some one out there has the ability to fix the problem. And in the long run, if students can find that helpful person, every thing really will be all right. Jessica Crutcher is a junior journalism major.