Page 2
The Blue Banner
November 1,2001
News
Fighting
for control
VIVKNDI
UNiyCR
GRAPHICS BY ED FICKLE
Major record companies under investigation for alleged anti-trust violations
Ed Fickle
StafF Reporter
Less than six months after the major
record labels won important court de
cisions against online music distribu
tors, including Napster and MP3.com,
the United States Department of Jus
tice is stepping up an investigation into
online ventures by Sony, EMI and
Vivendi Universal, among others.
“With these big record companies,
it’s not for the art of music. It’s about
the money they make, how many bills
they can make people pay,” said Brian
Miller, a senior music major.
The Department of Justice, while say
ing little about their investigations,
have invited several small Internet and
music start-up companies to closed
hearings in Washington, D.C., to in
vestigate possible anti-trust violations
on the part of major record labels.
“We weren’t surprised,” said one
Internet music executive quoted by
CNET news.com, v/ho received an
invitation to a private meeting with the
deptartment. “Whether or not this pat
tern of behavior we’ve seen from record
labels does or does not constitute anti
trust, it’s certainly (a concern) to us. I
wasn’t surprised it was (a concern) to
others as well.”
Before Napster reached its peak of use
and the height of legal attention, some
of the major record labels were advanc
ing efforts to begin an online music
subscription service. Prior to the end
of the court battle with Napster, Sony
and Vivendi Universal were closing
deals with artists and other record com
panies to begin their subscription ser
vice in the fall of 2001.
“They are gearing it more towards
people who want music for entertain
ment and not so much for the artistic
appeal,” said Jason Hawkins, a senior
computer science major.
Last week, the Department of Justice
sent civil investigative demands to sev
eral parties as a part of preliminary
hearings on an anti-trust investigation.
The demands require those companies
involved to hand over documents and
information requested by the depart
ment.
Potential anti-trust activities are also
being closely monitored by several
state’s attorney generals. If the Depart
ment of Justice does not pursue a case
against the record companies, the states
can bring their own suits against the
record companies. Some states are con
sidering aclass-action suit against record
labels on behalf of consumers.
r
PHOTO ILLUSTRATION BY ERIK JACOBS
Record labels such as Sony, EMI and Vivendi Universal face an investigation
by the United States Department of Justice.
CNET news.com reported that “One
former digital music executive, relat
ing a conversation in mid-1999, says
he was told flat out by a high-ranking
label representative, ‘We meet with all
five of (the labels) once a week.’ The
labels wouldn’t “break ranks” on li
censing music to start-ups, the music
label executive reportedly said.
Most of the attention is being given to
MusicNet and Pressplay, joint ven
tures between the five major record
labels to distribute music online.
RealNetworks and partners AOL
Time Warner, Bertelsmann and EMI
Group, plan to start offering music
through MusicNet in late November.
A joint venture between these compa
nies, MusicNet would deliver fee-based
online music distribution for members
through RealNetworks.
CNET news.com quoted Department
of Justice spokeswoman Gina
“You can get good CD’s
from small record labels
really cheap, while the big
companies charge a lot,
and most of them are the
same. I would have some
suspiciqus about that.”
-John Haynes
sophomore, music major
Talamona, who declined to provide
details about the agency’s investiga
tion, but did confirm that the depart
ment is monitoring “potential anti
competitive practices and competitive
effects of certain joint ventures in the
online music industry.”
The other option available to con
sumers would be Pressplay, a joint
venture between Sony and Vivendi
Universal. The companies plan to have
Pressplay featured on Yahoo, the
Microsoft Network and MP3.com by
the end of 2001.
In addition to anti-trust investiga
tions, the Department of Justice has
renewed investigations into CD-price
fixing by the major record labels. The
last major federal case to reach court on
CD price fixing ended without a con
clusive decision or any definitive con
victions.
“We are confident that, once it has
gathered the relevant facts, the Depart
ment of Justice will conclude that our
actions have been fully compliant with
all applicable laws,” Recording Indus
try Association of America spokes
woman Amy Weiss said in a statement
last week.
Many UNCA students remain
unconvincedofthe recording industry’s
claims that they have done nothing
wrong.
“You can get good CD’s from small
record labels really cheap, while the big
companies charge a lot, and most of
them are the same. I would have some
suspicions about that,” said John
Haynes, a sophomore music major.
Mike Horga, a junior music major,
said, “A musician can independently
produce a thousand records, .. .get the
whole package done and sell them for
like $2.50, and still make a profit.”
Free online music distribution has
seen a significant drop in users over the
last several months, particularly in
Europe and the U.S., according to a
report on TechTV.com. Consumers
still value the power of online distribu
tion, but are unsure of the true purpose
of the new ventures MusicNet and
Pressplay.
“Maybe some day, everyone will get
their music from networks, but for me,
there’s nothing like the physical al
bum. I think it will be another genera
tion or two before people are really
going to want to get all of their music
this way,” said Hawkins.
Consumer rights groups are closely
following the deals, skeptical of online
music distribution being dominated
by the largest media and recording
companies in the world. According to
CNET news.com, copyright experts
say the joint ventures cannot be exclu
sive and pass the department inspec
tion.
In a San Francisco court hearing last
week, federaljudge Marilyn Hall Patel,
who is presidingover the ongoing copy
right suit against Napster, scrutinized
MusicNet and Pressplay. “I’m really
confused as to why the (record compa
nies) came upon this way of getting
together in a joint venture,” Patel said.
Worker recovers skeletal remains on Riverside Drive
Rae Stephens
Staff Reporter .
Skeleton remains were found Oct.
22 in an abandoned lot behind
Duyck Construction on Riverside
Drive, according to an Oct. 23
Asheville Citizen-Times article.
Construction worker Robin
McKinney discovered the bones
about 3:30 p.m. while working on
a small bulldozer. After working
for about an hour, he backed up
the bulldozer and saw something
unusual.
Behind the bulldozer lay a skel
eton tangled with some grass.
“I got out and poked it with my
foot,” said McKinney. “I thought
it was a ball or something. When I
got off the Bobcat, I saw what it
was.”
McKinney dragged the remains
for about 30 feet, but the bones do
not seem to be crushed, said po
lice.
Near the skeleton remains, the
police found a pair of black shoes,
a piece of denim clothing and a
few personal items.
“It is hard to tell if it (the skel
eton) is complete,” said Asheville
Police Lt. David Rutledge of the
bones.
“There are a fair amount of re
mains. Nothing at this point leads
us to believe that foul play was
involved.”
Rutledge also pointed out that
two homeless camps are within a
mile of the area.
The skeleton could have been
there for several months, since the
workers rarely go there, according
to McKinney. The body was sent
to Chapel Hill for an autopsy.
The skeleton has been identified
and the family of the deceased has
been notified, according to
Asheville Detective McKee.
He said that he believed that the
skeleton could have been there for
several months since the workers
rarely go there.
A *
COURTESY OF STEVE DIXON/
ASHEVILLE CITIZEN-TIMES
Detective Nathan McKee (left).
UNCA board
deals widi cuts
Stuart Gaines
Staff Reporter
UNCA’s Board of Trustees met
Oct. 17 to discuss a number of on
going issues at UNCA.
“Talk of our budget is always first
and foremost in our meetings,” said
Chappell Carter, member of the
board since July 1997 and chair of
the Academic and Student Life
Committee. “We have had confer
ence calls with the chancellor since
August, as Dr. Mullen keeps the
entire Board of Trustees informed
about all the goings-on at the state
level, and how this effects UNCA.”
The latest budget cuts will affect all
at UNCA, said Carter. However,
Dr. Mullen and the Board of Trust
ees are working hard to protect the
University and the students.
“Certainly, a 4-percent cut will
change some of the plans we had for
student life. But, the plans we had
were activities which were going to
be added to the agenda,” said Carter.
“My hope is that we will not have
to curtail some of the activities we
already offer,” said Carter. “We shall
see.”
The committee, chaired by Carter,
also discussed a number of other
issues relevant to student life.
Maggie Smith, director of Child
and Family Services at UNCA, met
with the committee to discuss the
agreement between UNCA and the
Puckett Institute, which would part
ner in some early childhood educa
tion activities. |
Part of the agreement includes a
campus-based childcare service.
“The childcare program will serve
students, with children as its pri
mary focus,” said Smith. “The board
was very receptive to this partner
ship and the idea of campus-based
childcare.”
The Academic and Student Life
Committee also discussed the cur
rent search for a new Admissions
Director, said Carter.
“Our former Admissions Direc
tor, John \7hite, retired after 10-
plus years at UNCA,” said Carter.
“We are trying to find the right fit
for UNCA, and that takes time.”
Other business presented to the
Board included discussion of
UNCA’s on-going relationship with
the Southern Association of Col
leges and Schools (SACS).
Dr. Shirley Browning, professor of
economics and Dean of Curricu
lum at UNCA, discussed with Board
members the self-study that UNCA
is conducting for SACS. The self-
study is required of member institu
tions every 10 years, according to
Dr. Browning.
“This is a rather important activ
ity,” said Browning. “The self-study
has been ongoing now for nearly 2
years. Most faculty, many staff and
administrators, and several students
have participated in the self-study.”
“This particular study is new in
that we not only have conducted the
traditional compliance self-study;
but we have also conducted an en
hancement self-study, focusing on
student development, and co-cur-
ricular opportunities and needs of
UNCA.”
In addition to the study, UNCA
will host a committee of peers from
the region, according to Browning.
They will come to campus in March
2002, and evaluate how the UNCA
meets the criteria for continued ac
creditation with SACS.
“The committee meeting I at
tended was open, friendly, and all
the Trustees wanted was to be
brought up to speed on the status of
the self study, when the team is
visiting campus, and what might be
expected of the Trustees during this
period of time,” said Browning.
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