Monday, October 4, 2004

by Greg Leiserson, Managing Editor
additional reporting by Victoria Swisher, Living and Arts Editor

US District Court Judge Jeremy Fogel ruled largely in favor of
Swarthmore students Nelson Pavlosky ’06 and Luke Smith ’06 last
Thursday, finding that “[t]he fact that Diebold never actually brought
suit against any alleged infringer suggests strongly that Diebold
sought to use the [Digital Millennium Copyright Act’s] safe harbor
provisions–which were designed to protect ISPs, not copyright
holders–as a sword to suppress publication of embarrassing content
rather than as a shield to protect its intellectual property.” While
Fogel did not grant every request made by the plaintiffs, Pavlosky
commented that “[t]he denied portions are not important either for the
outcome of the case or for setting precedent…Our claim that Diebold
interfered with our contract for Swarthmore for internet service was
tenuous and not really important…[Fogel] said that the punishments
under 512(f) [the relevant section of the DMCA] were sufficient to
cover any of Diebold’s DMCA abuse. This is fine, since the ruling on
the DMCA, a federal law, is more important and interesting than any
ruling on California state law.” As a result of the case, a precedent
has been set limiting the use of the copyright infringment provisions
of the DMCA.

As previously reported in the Gazette, Pavlosky and Smith posted a
series of internal Diebold memos that identify security flaws in the
company’s widely used voting machines on the Swarthmore Coalition for
the Digital Commons website last year. At the time the memos were
available on a number of internet sites. It is not known for certain
how the memos initially entered circulation, whether obtained by
illegal means or leaked by an employee. In an attempt to suppress the
circulation of the memos Diebold used copyright infringement provisions
of the DMCA to get ISPs hosting the memos to shut down websites on
which they were posted. The Electronic Frontier Foundation filed a
lawsuit, on behalf of Pavlosky, Smith, and the Online Policy Group,
another ISP hosting the memos, against Diebold for improper use of the
copyright provisions of the DMCA. Diebold later withdrew their legal
threats against the students, but Pavlosky and Smith continued in their
lawsuit in order to ensure a ruling on the use of the DMCA provisions.
With Thursday’s ruling, Pavlosky and Smith obtained their desired
result.

Pavlosky sees the case as an “important precedent that puts some teeth
into section 512(f) of the Digital Millennium Copyright Act, which sets
strong penalties for people [and] corporations who abuse the powers
that the DMCA gives them.” While he still finds the content of the DMCA
objectionable, Pavlosky noted that this precedent-setting decision
makes it “a slightly more balanced and less oppressive law.”

Free Culture Swarthmore, the organization formerly known as the
Swarthmore Coalition for the Digital Commons, will be hosting a victory
party shortly after fall break. As to the meaning of the case for the
future Pavlosky commented that it “demonstrates the ridiculous,
oppressive lengths to which copyright has extended, and…the need for
pro bono legal representation from organizations like the Electronic
Frontier Foundation, which provided some of our lawyers,” adding
“[t]hose who believe that this defense of our [First] Amendment rights
was important, please donate to the EFF to make sure that our rights
continue to be preserved in the future!”

———–
Check out previous coverage of the Diebold story in the Daily Gazette
archives at:
http://www.sccs.swarthmore.edu/org/daily/archive/fall_2003/20031022.html#n1

*****

by Alex Glick
Sports Editor

The Garnet Tide Fan Club (GTFC) is already starting to make an impact
on Swarthmore’s athletic community as more people attended this
weekend’s men’s soccer game than any game in recent memory. The club,
created by Gavin Nurick ’07 and Jay Charles ’07, hosted its first
tailgate party this Saturday. An estimated 30 to 40 people attended and
later flocked over to Clothier Field to watch the men’s soccer team
play Franklin & Marshall (see sports below for coverage of the
game). The crowd at the game was composed of an estimated 280 fans
(according to the Swarthmore Athletics Department Website), a number
greater than any men’s soccer event ranging back to 2000 (the first
season with archived online results).

According to Nurick, the club was created as “something to promote
Swarthmore athletics” and to “increase Tide Pride.” They are hoping to
get more people to attend games and also, according to Charles, “are
trying to bride the gap to get more non-athletes out” to athletic
contests. Nurick and Charles felt that the men’s soccer team’s recent
success provided a perfect opportunity to start up the GTFC. The
founders of the club hope to host more tailgates, advertise in
Sharples, and arrange for transportation to Swat vs. Haverford games at
Haverford in order to increase attendance and get people to become more
involved.

Nurick and Charles have come up with a variety of ideas that they hope
to implement in the near future through the GTFC. According to Charles,
they plan to design t-shirts for fans “to make a ‘Tide of Garnet’ up in
the stands,” which they hope to be ready for when the men’s soccer team
hosts Haverford on October 30. In addition, the group would like to get
youth in the Swarthmore community more involved, for example, through
organizing time for children to play soccer, shoot hoops, and
participate in other sports during halftime periods.

Another goal of the GTFC is to contact alumni/ae in order to set up an
alumni/ae branch of the club. Nurick notes, “A student initiated fan
club can be important for alumni because it shows a lot of optimism
from student athletes.” Nurick and Charles believe that having such a
club can give alums a better impression of the athletic community at
Swarthmore.

The GTFC also hopes to be able to help coaches in recruiting student
athletes. Nurick said, “In partnership with coaches, we would develop a
letter we could send out to admitted recruited athletes congratulating
them and telling them about the student-athlete community at
Swarthmore.” He added that it could be “a huge plus for our recruiting
efforts” since such letters are probably not common among fan clubs of
other schools.

The GTFC was able to obtain $40 in SAC funding for this past Saturday’s
tailgate and obtained meal numbers from students in an attempt to
arrange a pack-out with Sharples, but according to Nurick, an excess of
groups had already set up pack-outs with the dining hall. Charles and
Nurick were able to obtain some donations from those who attended their
event but hope to get more funding or set up a pack-out through Dining
Services for their next tailgate.

The GTFC decided to hold their first event for a men’s soccer game
since the team has done so well this season. When asked to comment on
this year’s team, co-captain Alex Elkins ’06 said, “I feel we are a lot
more dynamic up front. We have greater depth in every position on the
field, with many more talented players. We also have great team
chemistry on and off the field, which is essential.” Elkins noted that
having tailgates would bring more fans to the game and that the
presence of fans “gets the other team off their rhythm and gets us
revved up.”

Other members of the soccer team have already responded very positively
to the formation of the fan club and its hope to increase attendance at
games. Matt Schiller, a sophomore on the team, said, “I think having
fans at games gets everyone pumped up. I love playing in front of a big
crowd; it just makes everything more fun.” According to soccer player
Colton Bangs ’07, “We would love to fill the ‘football team void’ that
is pretty evident here at Swat, and make Saturday night soccer games
something that the troops can rally around and start their nights off
with.”

Several soccer players already agree that tailgates and related
activates would be beneficial. Schiller noted, “The one thing we’re
really missing at Swat is a real college sports atmosphere, so this
should help create some of that.” Bangs added, “Adding a party aspect
to the game should hopefully entice the non-sports fans to come out and
just put everyone in good spirits for the kickoff.”

Nurick and Charles, who also add that they are open to other names for
their fan club, hope to get more people involved, especially for the
spring when their own lacrosse season starts. The GTFC is planning
another tailgate for October 23 for when the men’s soccer hosts
McDaniel and for the following Saturday when the team hosts Haverford
for their final regular season contest.

*****

by Andrew Quinton
Gazette Reporter

The Museum District of Philadelphia opened its doors to the collegiate
community on Saturday, as Campus Philly Kickoff 2004 began with College
Day on the Parkway. 11 area museums let in local students free of
charge. Buses transported Swarthmore students right to the center of
activity throughout the day. Some took the opportunity to explore the
museums while others just enjoyed the outdoor atmosphere. A section of
the parkway was closed off, creating a wide space where students could
mingle, enjoy the ever-present hip-hop music, buy food from one of the
many vendors, or press their political cause. A pair of supporters of
President Bush walked around wearing giant flip-flops to symbolize the
popular criticism of Sen. John Kerry.

Chris Caruso ’08 attended College Day. “I milled around, saw the band
(headlining act Something Corporate), watched kids skateboard in a
makeshift little skateboard park, and visited a Republican group
table.” He described the event as “an all-inclusive, organized free for
all.” Caruso was impressed with the event planning and with the variety
of food offerings, noting that at the “carnival for college kids,” one
could find food offerings ranging from Thai chicken skewers to Philly
cheese steaks. Campus Phllly continues throughout the coming week, with
events such as today’s Gardenfest at Longwood Gardens. For more
information, visit www.campusphilly.org

*****

*Only a day after an eruption of gas led scientists to warn that an
eruption could be imminent, a small volcanic tremor shook Mt. St.
Helens early on Sunday. The tremor began at about 3 am and lasted for
25 minutes. A devastating eruption in 1980 at Mt. St. Helens caused the
death of 57 people, but the volcano has been relatively quiet since.
However, scientists are worried that the volcanic activity seen in the
past couple of days is comparable in severity to the activity just
before the volcano’s massive eruption in 1980.

*After a three day fight, US and Iraqi forces retook Samarra on Sunday.
Samarra is viewed by many analysts as the key to retaking the whole of
central Iraq, the so-called Sunni triangle, back from guerillas. The
victory is a good morale booster before the national Iraqi elections at
the end of January.

*With a new wave of television ads and campaign speeches, Senator John
Kerry’s staff attempted over the weekend to shift the focus of debate
from foreign policy to domestic issues. Kerry’s aides hope that
attention will revolve around jobs, education and healthcare rather
than Iraq and national security. Even many republicans have conceeded
that Kerry gained ground against President Bush during the debate the
two men held last Thursday, but it is still unclear what effect that
will have on the larger campaign.

*****

Film Studies evening screenings: Meshes of the Afternoon and Blow-Up
LPAC Cinema, 7:00p.m.

Swarthmore College Bowl
Kohlberg 202, 7:00 p.m.

SATO meeting
Kohlberg 228, 8:00 p.m.

Earthlust meeting
Kohlberg 115, 8:30 p.m.

Nobel laureate Joseph Stiglitz lecture: “Economics and the Election”
Science Center 101, 8:30 p.m.

Swing Dance Club Class
Upper Tarble, 9:00 p.m.

Feminist Majority meeting
Kohlberg 226, 10:00 p.m.

Swil movie: Hellboy
Science Center 101, 10:00 p.m.

*****

SPORTS UPDATE

by Andrew Quinton
Gazette Reporter

The men’s soccer team continued its winnings ways against the Diplomats
of Franklin & Marshall College, coming away with another 1-0
triumph last Saturday night at Clothier Field. The win moves the Garnet
to a 6-1-1 overall mark, 3-1 in conference play. The three conference
wins ties the previous high-water mark for Centennial Conference
victories in a season. Colton Bangs ’07’s beautiful goal roughly
halfway through the first half proved to be the game winner. Bangs
headed the ball into a net off of a header from Marty Griffith ’05, who
received the ball directly from a free kick from Alex Elkins ’06. The
season-high crowd of 250, already filled with energy after the pregame
tailgate party, roared its approval.

The assist was Griffith’s first point of the season. “It feels
awesome,” remarked the senior. “That gives me 10 assists in my career,
which is the most on the team. It’s nice to be first at something for
once.” The Garnet nearly made it 2-0 soon after, but Andy Terker ’06’s
shot went off the bottom of the crossbar and bounced out of the goal. F
& M had their chances, especially when a low line drive shot was
redirected right in front of the net, but goalkeeper Nate Shupe ’05
held firm.

The second half was filled with more intense, physical play. Both
coaches spent plenty of time making sure the officials didn’t miss any
grabs of uniforms or elbows in the back. The Diplomats’ best chance to
tie came when a high ball came in on Shupe. “I didn’t want to just hit
it over the crossbar and give them a corner kick, so I caught the ball
in traffic. Then somebody pushed me into the goal so I had to push the
ball forwards to keep it out of the net. This was not standard goalie
play,” noted Shupe. The ball was then loose just in front of the goal,
but the Diplomats were unable to put it home.

As time went on and the one-goal margin remained unchanged, F & M
started getting desperate. They mounted a strong charge during the 78th
minute but were again unable to score. As the match ended, head coach
Eric Wagner leaped into the arms of assistant coach Eric Savage. The
Garnet were outshot 13-10 for the match, with Shupe making seven saves
for his fourth shutout of the year and Diplomat goalie Ed Seltz making
four saves in the losing effort.

Shupe was jubilant while describing the progress the team has made this
season. “We need five conference wins to make the playoffs, which is
something we’ve never done before in this conference.” The team has
five more conference matches in which to gain those two victories. The
Garnet will look to keep their momentum going over next week’s three
matches, the first of which is at Moravian on Monday at 4:00 p.m.

*****

by Jonathan Ference
News Editor

Despite an impressive transition game, Swarthmore’s field hockey team
was unable to convert possession into goals and lost to Dickinson 3-2
this Saturday at Clothier Field. In a game that started about half an
hour late due to late arriving officials, the Garnet had their fair
share of opportunities but fell victim to a speedy Devils counterattack.

Swarthmore began the game by controlling the ball extremely well, led
by Heidi Fieselmann ’06 and Julia Lindenberg ’05. Swat gained a penalty
stroke before five minutes had elapsed, but captain Katherine
Athanasiades’ shot was ruled no goal despite appearing to enter the
goal. Momentum began to turn Dickinson’s way, eventually leading to a
penalty stroke of their own with just under 25 minutes left in the
period. A beautiful pad save by goalie Karen Lorang ’07 kept Swat in
the game, but with 16:28 left in the first half Dickinson’s Becky
Harker put a penalty stroke in the low right corner of the goal, giving
Dickinson a 1-0 lead.

Dickinson kept Swarthmore on their heels with accurate passing, though
Swarthmore’s defense was equal to the task. Defenders Julie Monaghan
’07 and Chloe Lewis ’06 kept Dickinson honest, though the Devils added
another tally at 8:18 thanks to incredible passing.

After that goal, the Garnet seemed to come alive. Charlotte McAusland
’06 deflected a pretty pass from Joanna Hess ’05 past the Dickinson
keeper for Swat’s first tally at 6:09. Swarthmore nearly tied the game
on a great opportunity with three minutes remaining but found
themselves stopped by Tara McFadden, the Devils keeper. Score at
halftime: 2-1, Dickinson.

In the second half, Swarthmore’s transition game began to work like a
well oiled machine, but the Dickinson defense kept the Garnet from
finishing their chances. Dickinson slipped into a counterattack
offense, mainly gaining chances off of fast breaks, but Lewis and
Monaghan were equal to the task. So was McFadden, however, and given
the chance to flood the Swat zone with attackers Dickinson’s Laura
Williams sent a feed home to make it 3-1 in favor of the Devils.

For the rest of the game the Garnet demonstrated intensity, generating
several penalty corners. Summer Spicer ’07 put one home with 13:33
remaining to bring the Tide to within one, but Swat could not convert
the rest of their corners despite controlling possession.

Lorang stopped nine shots, while her counterpart stopped 13.
Swarthmore’s offense played admirably but was not able to find the
extra spark to convert shots into goals. A bright spot for Dickinson
was the play of Jenny Portillo, whose accurate passing yielded two
Devils goals.

Swarthmore is now 5-3 and 0-2 in the conference, while Dickinson gained
their second conference win, moving to 5-5 (2-1). The Garnet’s next
game is home against Johns Hopkins on Tuesday.

*****

by Alex Glick
Sports Editor

The women’s volleyball team took the first two games (30-22, 30-15) of
their match against the Dickinson Red Devils but fell in the final
three (30-17, 30-26, 15-7) to lose to Centennial Conference match 3-2.
Swarthmore falls to 6-11 overall and 1-5 in the conference.

The Garnet appeared to have complete control of the first two games.
The team was fast on the court and accurate with their shots over the
net. Karen Berk ’08 added several big blocks in the first game to take
away many of the limited opportunities that Dickinson had to score. The
Garnet communicated well in the first game and worked together to earn
the game win.

Swarthmore easily took the second game 30-15. This effort was
highlighted by six point run under the serving of Berk, who record two
aces in the process. The Garnet scored five consecutive points under
Natalie Dunphy ’05, who recorded two aces of her own during the run.
Dickinson did not seem to be as focused during this game, hitting many
balls out of bounds.

The Garnet lost a little bit of their flare in the games that would
follow. Dickinson jumped out an early 4-0 lead in the third game and
never looked back. Some communication problems seemed to hurt the
Garnet during this game, and Dickinson capitalized to earn the 30-17
win.

Swarthmore had another good chance in the fourth game of the match and
led by five points early on. The Garnet played much better in this game
compared to the third and displayed some fast footwork on the court,
but the Red Devils were somehow always able to hit it to where the
Garnet were not. The same happened in the fifth game, and Dickinson
took the match.

Erica George ’07 had 13 kills and 17 digs, and Katie Gold ’08 added 10
kills and 10 digs. Emily Conlon led the Garnet with 35 assists.
Swarthmore will host Johns Hopkins on Tuesday in a 7:00 p.m. conference
match

*****

The men’s cross country team placed second in Dickinson’s Long
Course/Short Course Invitational this weekend. Senior James Golden
placed third overall at the meet. Adam Hunt ’06 (10th), Jim Kreft ’06
(12th), Keefe Keely ’06 (18th), Ross Weller ’08 (20th), and Garrett Ash
’05 (22nd) rounded out the top six for the Garnet. Swarthmore travels
to Haverford on Tuesday for a meet beginning at 5:00 p.m.

*****

Carrie Ritter ’06 led the Garnet to a fifth place finish and placed
14th individually this weekend at the Dickinson Long Course/Short
Course Invitational. Emily Wistar ’06, Pam Davis ’07, Kavita Hardy ’08,
and Elizabeth Gardner ’05 rounded out the top five for Swarthmore. The
team will race at a Haverford meet this Tuesday starting at 5:00 p.m.

*****

The men’s frisbee team hosted a tournament this Sunday at Cunningham
field. The Earthworms were split into two teams, with teams from
Villanova and Haverford also competing. One Swarthmore team beat
Villanova 13-5 and Haverford 13-7, while the other team lost to
Villanova and saw its match with Haverford canceled due to Haverford’s
early departure.

Thanks to Chris Caruso for providing these results.

*****

The women’s soccer team earned a 2-2 tie this Saturday against
Washington College. Washington took the lead early on and scored twice
within the first 6:12 of the game. With less than 16 minutes left in
regulation, Sarah Hobbs ’06 put the Garnet on the board with a goal off
of a Monica Larimer ’05 assist. Danielle Tocchet tied up the game with
8:37 left in the second half. The two teams were unable to score in two
overtime periods. The Garnet’s record stands at 3-6-1 overall and 1-2-1
in the conference. Swarthmore will host Ursinus at 5:00 p.m. on
Wednesday.

*****

The Warmothers traveled to the University of Maryland this Saturday to
play in the Maryland Rookie Tournament. The team was victorious over
Villanova and Mary Washington and suffered losses to William &
Mary, Princeton, and St. Mary’s.

Thanks to Anna Mello for providing these results.

*****

Today:
Men’s Soccer at Moravian, 4:00 p.m.

Tomorrow:
Golf at Stockton, 1:00 p.m.
Field Hockey hosts Johns Hopkins, 5;00 p.m.
Cross Country at Haverford, 5:00 p.m.
Volleyball hosts Johns Hopkins, 7:00 p.m.

*****

QUOTE OF THE DAY

“Statistics are human beings with the tears wiped off.”
–Paul Brodeur

***** 

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