Arizona Daily Sun from Flagstaff, Arizona • 4

A4 'Thursday, September 7. 2000 www.azdailysun.com BUSINESS Arizona Daily Sun Universal scores over MP3.com MP3.com, whose services allow users to listen to music over the Internet, will have to pay Universal Music Group as much as $250 million for willfully violating copyrights of music companies, a federal judge ruled Wednesday. RE The January Recording Harry March Fox Agency A April federal judge May Teevee 24 Toons To June resume Sept. federal can judge Industry sues MP3.com for rules against Inc. files a operations, rules in favor of Association of copyright in- MP3.com in the copyright lawsuit MP3.com Universal America, fringement on RIAA lawsuit.

against settles with Music Group, representing five behalf of The company MP3.com for the some of the one of the five record companies, members MPL is partially shut same behavior companies companies files a copyright Communications down soon at issue in the that filed the represented by infringement suit and Peer after. RIAA lawsuit. January the RIAA. against MP3.com. International.

lawsuit. Sources: Securities and Exchange Commission; Music Week, compiled from AP wire reports D. MP3.com ruling may not signal the end of online music sharing SAN DIEGO (AP) Despite suffering two punishing legal blows in as many months, the online music sharing business won't be disappearing any time soon, analysts say. Universal Music Group won its copyright infringement lawsuit against MP3.com on Wednesday, only weeks after the recording industry won an injunction against another online music-sharing service, Napster Inc. U.S.

District Judge Jed S. Rakoff ordered MP3.com to pay as much as $250 million, saying it was necessary to a message to Internet companies that they aren't immune from copyright law. But industry watchers say it's the wave of the future. "There's no question about music getting on the Internet. There won't be any CDs in stores just a few years from now," said Nitsan Hargil, an analyst 'at Kaufman Bros.

"The question is, is the recording industry getting ready quick enough to be a part of that or are they going to continue to be a fringe element?" Universal, the world's largest record company, was awarded $25,000 for each of its CDs copied by MP3.com. Since Universal claimed up to 10,000 of its CDs were copied, damages could reach $250 million. But MP3.com has put the number of CDs at 4,700, which would put the damage award at nearly $118 million. The exact number of CDs i involved and total damages will be determined at a November hearing. MP3.com officials said they plan to appeal and the case could reach the U.S.

Supreme Court. A spokesman for Universal, Bob Bernstein, said the company would not comment on pending litigation. Leonard Rubin, a Chicago attorney who specializes in copyright, trademark and entertain- The Fit That is It! Eritina Fashions Specializing in Missy and Plus Size Clothing. Tired of not being able to fit into your size? Experience the boutique treatment without the boutique price! Great styles! Great Service! 2152 N. 4th Suite 101 (Next to Store) FLAGSTAFF, AZ 86004 Williams radio station pushes KJZZ off air Interfering signals may allow KNAU to replace.

news-talk station's programming with its 3rd radio frequency. BY SCOTT WALTERS Sun Business Editor Interference from a new lowpower radio station in Williams is giving listeners of one of Flagstaff's two National Public Radio stations mixed signals. Maricopa County-based KJZZ (89.5 FM), which has broadcast its news talk and jazz format in northern Arizona for almost two decades, has been replaced by FCC-registered KRTE, "The Route," which is being operated by the owners of Williams' Route 66 Magazine. The bounced KJZZ signal may open the door for KNAU, Northern Arizona University's public radio station, to begin broadcasting an all-news talk format on a third radio frequency if the Federal Communications Commission approves its proposal. KJZZ began receiving complaints from northern Arizona listeners that its signal wasn't coming.

through about two weeks ago, said General Manager Carl Matthusen. Instead of its format, the 89.5 signal has been broadcasting a mix of swing band, classical, blues and even modern rock from The Route, which is still in its testing stages and won't be fully operational until this fall. "Our's (KJZZ signal) is actually still on, it's just that the interference is keeping it from being pick up," Matthusen said. "We have a consulting engineer who is doing a frequency search for us. In an ideal world, we'll be able to find a (new) frequency, but it doesn't always work out that way." KJZZ still is being heard in some northern Arizona areas, like Cottonwood and Sedona, where the low-power Williams radio station's signals don't interfere.

KJZZ, a public radio station that operates out of Rio Salado College in Tempe through Maricopa Community College, was mpted by KRTE since the Valley-based radio station was only retransmitting its programming via a translator in Flagstaff. According to FCC rules, the station is not entitled to any protection for a translator since full-power stations, like The Route, have precedence. "We've had a number of calls, a few letters, of people saying, 'When are you going to be Matthusen said. "I have nothing to tell them at this point, I don't know." The station, which broadcasts news talk from National Public Radio (NPR) during the afternoons when rival KNAU broadcasts classical music, may not return.if KNAU beats it to the punch. KNAU, which broadcasts NPR newsmagazines, Car Talk, A Prairie Home Companion and Fresh Air, as well as classical music during the daytime, wants to fill the void left by KJZZ.

The university station already has submitted a license proposal to the FCC for a third frequency to go with its simulcasts on 88.7 (KNAU) and 91.7 FM (KNAQ), said Program Director Erik Nycklemoe. "If we add another frequency in Flagstaff, we'll probably make KNAQ an all-news talk station, with the new station plus KNAU being what we do at present," Nycklemoe said. Added KNAU General Manager John Stark, "We recognize that many people in northern Arizona value the NPR talk shows formerly broadcast on KJZZ. KNAU plans to serve Flagstaff and Sedona with many of those same programs." Both KNAU and KJZZ will have to wait for a response from the FCC, which currently has a freeze on translator applications because of pending disputes with its low-power FM initiative. The Williams station, The Route, plans to offer Williams community news programming in addition to its mixed-music format.

The station, registered with the FCC June 24 by Paul Taylor, Route 66 Magazine owner, began broadcasting in late August from the Mountainside Inn in Williams. Taylor was unavailable for comment. His station provides Williams with its first local broadcast since news-talk station KYET (1180 AM) went off the air March 12. Web site helps create your perfect home sites leading on omestore.com the network is Internet of the for home and real estaterelated information, products and services that reflect all aspects of the home life cycle, including buying, selling, moving, renting, remodeling, decorating and shopping. Homestore.com has developed the most comprehensive online process of searching for quality homerelated products and services, offering consumers a convenient, one-stop source for thousands of property listings, resources, tips, advice, decision support tools and photos.

Nearly doubling its closest competitor in traffic, Homestore.com boasts a record-breaking 3.7 million unique users per month, with the average consumer staying 26 minutes per visit. Since the company's inception, nearly 6 billion homes have been viewed on its pages. Homestore.com's family of Web sites include the following master-tabbed categories: New Homes HomeBuilder.com is the official new homes site of the National Association of Home Builders, offering more than 130,000 new homes and built to suit plans. Home Improvement It eye care! Complete Medical, Surgical Optical Eye Care for the Entire Family. 774-0322 1-800-959-0322 David L.

McGarey, M.D. OPHTHALMOLOGIST 710 N. Beaver Street THE REINFORCED SOLID SURFACE Plumbing parts and supplies A ENTRAL ARIZONA SUPPLY ment law, expects higher courts to ultimately rule against MP3.com and Napster, whose software allows people to download music for free. But Heath Terry, an analyst with Credit Suisse First Boston, which was a lead underwriter for MP3's 1999 initial public offering, said the court's won't be able to prevent the online exchange of music. "There will not be any other Internet music sites focused on major label music until this is decided," he said.

"You are forcInternet music distribution underground." In July, a federal judge issued an order that would have virtually shut down Napster's musicsharing service. The injunction, which is on hold pending an appeal, was sought by the Recording Industry Association of America, which sued Napster for copyright infringement. Unlike Napster, which allows individuals to swap music in the popular MP3 format, MP3.com allows vs people to listen to songs but not download or save them to their computers. To gain access to the music, the. user must have either purchased the song or album from MP3.com and be waiting for it.

to be physically delivered, or must briefly insert a compact disc version of the recording into a home computer. MP3.com, which purchased tens of thousands of CDs and copied them onto its servers, had argued in U.S. District Court in New York it was within the law because it required proof of ownership. The nation's four other major record companies settled with MP3.com after the judge earlier this year found that MP3.com had violated copyrights. The amount of the settlements wasn't disclosed but the company recently set aside $150 million for legal costs, including the deals.

(520) 714-1021 Tandie Askan 556-1551 1400 E. Butler Ave. Elbert "Lucky" McGuire Funeral services for Elbert Junior McGuire, 66, will be held at 10:00 a.m., Wednesday, September 6, 2000 at the Church of Jesus Christ of Latter Day Saints, 2401 E. Linda Vista. Interment will follow in Citizens Cemetery.

Lucky was born on April 27, 1934 in Manila, Arkansas and peacefully left this life on September 1, 2000. Lucky was a long time resident and successful businessman in Flagstaff. He owned and operated the Kirby Goodhousekeeping Vacuum Shop on Cedar Avenue since July of 1977. He was an avid supporter coach of youth sports at Continental Little League, and a loving husband, father, grandfather and great -grandfather. Lucky is survived by his wife of 37 years, Donna Rae McGuire; his nine children: Tony McGuire and his wife Leslie of Page; Marci Foster and her husband Gene of Salem, Oregon; Kelly Robertson Flagstaff; Kim McGuire and his wife Kim of Flagstaff; Teresa Walker of Salem, Oregon; Charles McGuire and his wife Carrie of Spanish Fork, Utah; Gail Cody and her husband Milfred of Mesa; Pernell McGuire and his wife Nancy of Flagstaff; James McGuire and his wife Tamara of Tucson; two stepchildren, Nancy Mendyka of Phoenix and Wilfred Baker of Seattle, Washington; three sisters, Virginia Rogers, Mina Harrison, and Pamela Walstrand; 29 grandchildren and 1 great-grandchild.

was proceeded in death by his brothers, Joseph Delaneth and Harold Gene McGuire and his son Roger Dale McGuire. In lieu of flowers the family has asked that donations be made to the Continental Little League or the Flagstaff Girl's Softball League. Arrangements are under the direction of Greer's Scott Mortuary of Winslow. JEAN RICHMOND Flagstaff Business is the official site of the National Association of Home Builders Remodelors Council, the National Association of the Remodeling Industry, and the preferred site of the American Institute of Architects. Visitors can avail themselves of a whole host of do-ityourself information covering virtually all types of remodeling, as well as a database of professional remodelors and architects.

Homes Realtor.com is the official Internet site of the National Association of REALTORS, featuring more than 1.4 million new and existing home listings, neighborhood information and directories for real estate agents and broker services. There are also sites for rental apartments (SpringStreet.com) and relocation information (Moving). These sites offer neighborhood information, reports on schools, cities, apartment hunting tips and tools to organize one's move. As the officially endorsed Web site of the National Association of Home Builders and the Remodelors Council, Homestore.com provides unparalleled access to the best homebuilders and remodeling professionals in the business. The "New Home" tab offers visitors more than 130,000 models, new homes and built to suit plans, and easy access to the local building association, Northern Arizona Home Builders.

By providing extensive information and ideas to help build, remodel, maintain or decorate people's homes, Homestore.com is a trusted consumer resource. Jean Richmond is executive vice president of Northern Arizona Home Builders ROUNDTREE REE YORKE Dillard's Exclusive Long-sleeve Solid Henley $18 A great basic for fall at a great price. In blue heather, charcoal heather, raisin, forest, black, navy or cream. Sizes S-M-L-XL-XXL. Dillard's.