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Altoona Mirror (Newspaper) - February 13, 2001, Altoona, Pennsylvania Nation: NASA spacecraft lands on asteroid Cl Life: Volunteer is Mirror’s last Woman of Distinction DIAltona I tor rn* © Copyright 2001TUESDAY, FEBRUARY 13, 2001 500 newsstand Court ruling likely the end of Napster’s free-wheeling era Dv Pad Vdeidd    ii______•    ______ By Bob Keefe Cox News Service SAN FRANCISCO - Napster users, the free ride is coming to an end. A federal appeals court panel ruled Monday that Napster Inc.’s 50 million users clearly violate copyright laws whenever they share songs on the company’s popular Web site without permission. Song swapping on the site still was going strong Monday night, but Napster likely is to begin blocking unauthorized downloads within weeks. That might end an era in which millions of music lovers have eagerly sent their favorite tunes swarming through cyberspace — unless similar services that are harder to police step in to fill the void. Ruling in a lawsuit brought by the five largest record labels, the appeals panel said a lower court injunction that would have shut down Napster immediately was too sweeping, but the order’s main effects will take place when it is revised by the trial judge. Napster officials said they will appeal the decision to the full 9th U.S. Circuit Court of Appeals in San Francisco. Meanwhile, they vowed to step up efforts to build a fee-based subscription service with Bertelsmann AG, one of the world’s biggest media companies. Users have little to fear legally from the ruling. “Economically, it doesn’t make sense” for the recording industry to pursue individuals, said Dean Harvey, an Austin, Texas attorney who specializes in Internet law. “There’s really no money in suing a consumer ... and of course when you go after your client base, you harm yourself as well.” Napster itself wasn’t providing copyrighted music for free. Instead, it pioneered a service to help members download songs from one anothers’ computer hard drives. But the appeals panel said Napster may be liable if it does not block users from swapping protected material after the recording industry formally notifies it that copyrighted work is available. “This is a clear victory,” said Hilary Rosen, president and chief executive officer of the Recording Industry Association of America. “The court of appeals found that the injunction is not only warranted but. required. And it ruled in our favor on every legal issue presented.” At Napster, based in Redwood City, Calif., company officials urged its users to contact Congress members and other leaders to voice their dismay. “While we respect the court’s decision ... we will pursue every legal avenue to keep Napster operating,” Hank Barry, a venture capitalist who took over as the company’s chief executive last May, said at a news conference. Please see Napster/Page A4NEXT MOVE TO STAY ALIVE Cox News Service ■ For now, napster.com is up and running — but be prepared for delays. Over the weekend, about 250 million songs were downloaded as users looked for free tunes before the plug is pulled. ■ U.S. District Court Judge Marilyn Patel, who issued the original injunction against Napster, is expected to revise her ruling within the next few weeks. When she does, Napster will have to immediately stop the unauthorized trading of copyrighted music. ■ Napster attorneys are preparing another appeal to the entire 9th Circuit Court of Appeals. Monday's ruling was by a panel of three judges. ■ Napster’s executives are trying to strike deals with major record labels to get their permission to sell music in exchange for copyright fees. Meanwhile, other Napster officials are scrambling to get a fee-based subscription service up and running with partner Bertelsmann AG. DELIVERY Subscription or home delivery questions: 946-7480 or (800) 287-4480 7 tv"22910 OOO50    4 BKI FOUR A 8 IS 8 Lottery numbers, A2 WEATHER JU Mix of sun and clouds, 47° Forecast, C3 Q LOCAL 0 nation Business A4 Classifieds C3-8 Hospitals Obituaries A7 A7 Opinion AO Q LIFE Q SPORTS Comics D3 High schools B4 Dear Abby Puzzles D2 D2 Scoreboard Television D2 INSIDE Some of the most common vehicle equipment violations seen on area vehicles: ■ Window decals, stickers ■ Window tinting    and strips (higher ,nan 3 N.    inches from the bottom of the 1    ■    :    rear window) 4mLd ■ Taillight covers ■ Headlight covers ■ Windshield wiper \ components ■ Multicolored \    \    ^ headlamps \    \    \ ■ Lowered vehicles ■ Ornamental lighting Money to roof K-4 is official By William Kibler Staff Writer On the blueprints it looks like the sections of an orange. The Altoona Railroaders Memorial Museum has received a $450,000 state grant that it hopes to squeeze for all it’s worth to build the first segment of a quarter-roundhouse out back to shelter its historic K4 steam locomotive and other rolling stock. Surveyors already are checking out the museum yard in preparation for bidding in April and completion of Phase I by December, in time for the K-4 to arrive from a refurbishing in Scranton. Struggling financially like many nonprofit organizations, the museum is hoping to start an endowment for better times and believes having the K-4 for excursions and for display will carry weight with donors while hauling in lots of visitors. But the maintenance-intensive behemoth must not sit outdoors, they’ve said. The first phase will be a single semi-pie-shaped, metal-clad bay in the middle of the yard at the end of the tracks that come through Altoona Pipe and Steel next door. The museum will try to do Phase I with the grant money, maybe with the help of volunteer labor for less critical work and donated materials. If necessary, the museum will suspend some of the work until later — like concrete on the floor, for example. The full plans call for six more pie-shaped bays radiating around a center point, where there would be a 90-foot turntable to shoot locomotives or cars into any of the bays. There will be outdoor siding tracks radiating out from the turntable on the side opposite the building. EADS architects are designing the segments with movable walls so they can be shifted outward to create additional bays as more money becomes available. There will be ledges on the footers to brick-case the entire building eventually, if there’s enough money, said Peter Folen of EADS. Bricks or not, it will be aesthetically pleasing, said Bob LaMorte, chairman of the museum board. The plans call for reworking the current track configuration in the yard, where rolling stock such as the Loretto rail car of industrialist Charles Schwab and a former Pennsylvania Railroad electric locomotive sit in the weather. Please see K-4/Page A3 MODIFICATION CITATIONS Mirror photo by Kelly Bennett Pennsylvania State Police Cpl. Erie Prendergast (right) talks to Patty Unipingco of Hollidaysburg about car window tinting laws. The two are reflected in Unipingco's van windows. Souped-up rides may net fines By Tiffany Shaw Staff Writer Mike Metzger of Altoona knows what it’s like to be pulled over for a vehicle equipment violation. He could have been one of 800 drivers stopped by state police in the past six months in Blair County for illegal vehicle add-ons and modifications. Metzger customizes and works on small trucks with his friends at a private garage in Hollidaysburg and said building minitrucks is what he loves, even if it does attract police attention. “Their [police] idea of illegal vehicles is totally different than my culture,” he said. “We’re a bunch of guys who live this life. It’s not just a hobby.” Metzger has spent thousands of dollars and hours of time remaking minitrucks with a special touch that may not always fit under Pennsylvania’s vehicle code. But while he disagrees with some rules, he also supports the police decision to cite certain violations that are dangerous. “Some things I can understand exactly whatQUESTIONS lf you have questions about a vehicle modification, call the state police in your area. Troopers who are state certified inspection mechanics also are available at the state police barracks in Hollidaysburg. The number in Hollidaysburg is 696-6100. they’re saying,” Metzger said. State police and local officers said they aren’t trying to take the fun out of personalizing a vehicle, just keep the vehicles and drivers safe. “Violations can cause safety problems,” said Pennsylvania State Police Cpl. Erie Prendergast. Window tint causes difficulty with visibility, and low-riding vehicles often have suspension problems, he said. Please see Rides/Page A3 Outside judge gets GOP case Potential conflict of interest leaves Blair court officials scrambling to find an arbiter Mirror graphic by Tom Worthington ll By Phil Ray Staff Writer A senior judge from Northumberland County' will fly into Blair County today to hear legal arguments in a lawsuit challenging the way delegates are to be selected for Saturday’s Republican miniconvention in Huntingdon, where a nominee will be chosen to run for the 9th District congressional seat. Blair County’s four judges Monday bowed out of the heated political fracas that has pitted longtime friends and Repub licans against one another “because it creates the appearance of a conflict of interest,” Judge Jolene G. Kopriva said. While the local judges may know most of the participants involved in the political controversy, that wasn’t the reason they were reluctant to hear the lawsuit, she said. One of the candidates for the Republican nomination, and one of the people being sued, is Blair County Commissioner John H. Eichelberger Jr., who is the chairman of the Blair County Republican Party. The judge said Eichelberger and the two other Blair commissioners control the judges’ budget. The judges rely on the commissioners for an annual appropriation to run the court system, staff the judges’ offices and establish the positions and salaries of court employees, she pointed out. For Blair judges to hear the case “creates an appearance of a conflict of interest,” Kopriva said. The decision by Blair’s judges to not hear the case sent Blair County Deputy Court Administrator Pat Gildea scrambling to find a judge. In the lawsuit, several members of Blair County’s Republican Committee are contesting the appointment of a member of the party’s executive board to select the 28 conferees or delegates to the con vention at Juniata College. The group’s attorneys, John Urban of Hollidaysburg and James J. Kutz of Harrisburg, have asked that the 63-member county committee, not an appointee of the 21-member executive board, be permitted to select the delegates at a meeting tonight in the Blair County Courthouse. The committee meeting is scheduled for 7 p.m. in Courtroom I of the Blair County Courthouse. The attorneys also are asking that an injunction be imposed preventing the executive board’s appointee, N. Dan Beck, from naming the 28 delegates. Kopriva explained an injunction request is supposed to be heard within 72 hours, which means a judge from outside Blair County had to be found quickly. Gildea first contacted courthouses in this judicial district to determine if there was a judge who would hear the case. She even posed the idea that the participants in the lawsuit would travel to another county if need be. Clearfield County Judge John P. Reilly, as a visiting judge, often hears Blair County cases. Gildea said Reilly and other nearby judges were not available for the case. Her next move was to contact the Administrative Office of the Pennsylvania Courts to find a judge outside the local judicial district. Late Monday, Gildea said Senior Judge Barry Feudale of Shamokin agreed to hear the case at I p.m. today in Courtroom 4 of the courthouse. Feudale has visited Blair County in the past, most often to try minor criminal cases. The judge, in his mid-50s, is a Vietnam veteran who flies his own plane, most often landing at the Blue Knob Airport. Please see Judge/Page A8 ;

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