Banner Graphic, Volume 12, Number 38, Greencastle, Putnam County, 21 October 1981 — Page 2

The Putnam County Banner-Graphic, October 20,1981

SAN FRANCISCO (AP) - The future of the booming business in video tape recorders was cast into doubt by a federal appeals court ruling that millions of Americans are violating copyright laws when they use the machines to tape television shows. Under the ruling, the makers of the machines could be required to pay royalties to the owners of television programs or even be forced to halt the manufacture and sale of the devices: The 9th U S. Circuit Court of Appeals ruled Monday that the estimated 3 million home video recorders in America exist for "copyright infringement,” and makers and sellers of the machines are liable for damages. The appeals court reversed U.S. District Judge Warren

world/state

Recklessness cited in killing

$5.75 million award against police

DETROIT (AP) - A U.S. District Court jury has awarded $5.75 million to the parents of a suburban Detroit man killed by two police officers while he was guarding his van against burglars. The panel decided Monday that the city of Troy and its police department had caused the death of David Prior, 24, by acts of gross negligence and recklessness. A lawyer for the city said he would recommend an appeal. Prior was shot seven times early on the morning of July 31, 1979, after he had spent the

No new leads in rugby club explosion

EVANSVILLE, Ind. (AP) - No big breaks are expected in the probe of the explosion and fire that demolished the clubhouse of a rugby team

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Ferguson in the case, and sent the matter back to his Los Angeles courtroom for consideration of what should be done about what it said was an “exceedingly complex’’ problem. The three-man appeals court suggested he look into the possibility of royalties or even an injunction barring the manufacture and sale of the machines. But the court acknowledged that an injunction could result in “great public injury.” Appeal of the decision to the U.S. Supreme Court was a strong possibility. Kenji Tamiya, top officer of Sony Corp. of America, chief defendant in the lawsuit, said: “All parties to this litigation always have expected that the final decision in this case will be made by the U.S. Supreme

night in his van at his family’s home, hoping to catch the person who had robbed the vehicle twice before. Police officers Joel Woods and Stephen Zavislak were called to the scene by a neighbor’s report of a burglary in progress. Zavislak, his pistol drawn, testified he entered Prior’s van where he was confronted by a gun-wielding man who said, “You’re dead.” Zavislak said he fired one or two shots before pushing himself from the vehicle. Woods, believing his partner had been wounded, then fired

trying to arrange a game with a controversial South African team, says an investigator. A pre-dawn blast at the headquarters of the Evansville

Court.” In Tokyo, Naozo Mabuchi, managing director of the parent Sony Corp., also a defendant, called the ruling by the Ninth Circuit Court of Appeals "anachronistic.” He said that video tape recorders sold in the United States are used by consumers “for their own personal use.” Officials of the Electronic Industries Association of Japan also expressed anxiety over the ruling, pointing out that private recording of copyrighted television programs is allowed in Japan and parts of Europe. The suit was brought by Universal City Studios and Walt Disney Productions against Sony Corp. of America and Sony Corp.; four retailers: Carter Hawley Hale Stores Inc., Associated Dry Goods Corp.,

six shots into the van, according to trial testimony. Prior was dead on arrival at a local hospital. Neither officer had identified himself when approaching the van, and both had removed their hats. In addition, Prior had notified the police that he would be spending the night in the vehicle. During the trial, Bruce Franklin, the attorney representing the dead man’s parents, Paul and JoAnn Prior, argued that the policies and procedures of the Troy police department had created a

Rugby Club was felt a halfblock away Sept. 29. For about a week prior to that, club officials had been trying to schedule a game between the Springboks and an American all-star team. The effort stirred controversy locally, and some groups tried to organize demonstrations against the proposed game. After the explosion the second that week involving a group interested in playing the Springboks officials speculated it was related to opposition to South Africa’s racial policies. Jim Canter, local agent in charge of the federal Bureau of Alcohol, Tobacco and Firearms, said he expects the investigation to take 4-6 weeks. “We’ve eliminated a lot of possibilities, but we still have a lot of ground to cover,” he said. He said investigators have

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Federated Department Stores, and Henry’s Camera Corp.; the Doyle Dane Bernbach advertising agency; and William G. Griffiths, a Sony Betamax owner. The plaintiffs claimed copyright infringement was committed when home video recorders were used to tape shows they produced. Ferguson had ruled that even if home video recording did infringe on copyrights, the defendants were not liable for damages. He said copyright holders do not have a monopoly over the recorders. But the appeals court found “no congressional intent to create a blanket home use exception to copyright protection and that home video recording does not constitute fair use.”

climate in which a resident like Prior could be killed. Gerald Davis, a lawyer for the city, argued that Woods and Zavislak had acted properly in not identifying themselves as police officers. He said the dead man had used bad judgement when he decided to arm himself with a pellet gun and sleep in the van. An investigation by the Oakland County Prosecutor’s office concluded the officers had acted in self defense in shooting Prior. Zavislak and Woods have remained on the police force.

been keeping in close contact with Sarah Barker, U.S. attorney for Indiana’s Southern District. Her office probably would prosecute the case if arrests were made. But Canter said “unless we get a big break,” he does not expect any immediate arrests. “In an instance like this, you want to make an arrest as quickly as you can, but sometimes it takes a while.” Canter has not received results of laboratory analysis of evidence gathered at the scene. A special team of investigators spent two days probing the rubble of the two-story frame structure destroyed in the blaze. Bernie Bartholome, club president, said offers of help have come from rugby organizations across the nation and some from foreign countries.

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Meeting opens Thursday

World leaders headed to Cancum

CANCUN, Mexico (AP) Leaders from five continents start flying in to this posh playground of the rich today for a historic conference on how best to help the world’s poor. Mexican authorities, the assassination of Egypt’s President Anwar Sadat fr jsh in their minds, have ringed the Caribbean island resort with gunboats and guards for the meeting Thursday and Friday of 22 world leaders, including President Reagan. Security officials will not say how many military men and police will guard the visitors, but the local press puts the number at 5,000. Six gunboats cruise offshore, and marine patrols walk beaches. There also are armed frogmen watching below the waves, with their focus on the pale blue waters off the Cancun Sheraton, site of the talks and hotel for the chiefs. Reagan’s stay will give him a look at a Third World phenomenon his administration repeatedly rejects state planning and investment. Cancun, a desolate, 12-mile-long sandspit a decade ago, was determined by government computers to be ideal for a resort. It was developed by a government tourism corporation. Two of its 28 hotels are government-owned; others were built by the state and sold to private interests. All are expensive. Wealthy tourists crowd the beaches and bars; few poor are seen here, though Mexico has rampant poverty. Like other developing nations it is hosting, Mexico wants changes in the world economic system to favor the poor. Reagan, who leads the wealthiest nation, says private enterprise must take precedence over actions of rich governments

Summit focus on aid to developing nations

WASHINGTON (AP) The first North-South summit meeting in history will bring President Reagan and leaders of 21 other nations together Thursday and Friday on the Mexican resort island of Cancun to discuss problems of developing countries and ways industrialized countries can help. Here are questions and answers about the summit and the various issues to be taken up: Q: Why is the conference being held? A: Developed countries have only a quarter of the world’s population but account for almost 80 percent of the world’s gross production. At Cancun, the leaders will exchange views on whether it is possible to narrow the income gap through expanded cooperation. Q: What are the origins of the summit? A: The initial proposal was made last year by a private commission, headed by former West German Chancellor Willy Brandt, which said in a report that the gravity of the global economic situation required a North-South summit conference. Q: Which countries will attend? A: The United States and seven other industralized countries: Austria, Canada, France, West Germany, Japan, Sweden and Great Britain. The developing countries include Algeria, Bangladesh, Brazil, China, Guyana, India, Ivory Coast, Mexico, Nigeria, the Philippines, Saudi Arabia, Tanzania, Venezuela and Yugoslavia. Q: Why is the Soviet Union not attending? A: The Soviets have consistently said developing country problems are attributable to the period of colonial control by capitalist nations. Q: How serious are the problems of developing countries?

Punishment said too light for officers who left scene

FORT WAYNE, Ind. (AP) - The Fort Wayne Patrolmen’s Benevolent Association has protested punishment of two officers who left the scene of a slaying as too light. David Becher, association president, said Monday, “It’s like giving a guy who runs a red light three to five years and letting a burglar go free.” Police Chief David Rieman disciplined Officer Rosemary Mosley and Deputy Chief Henry Sanders Friday. Rieman refused to announce the punishment, saying, “Public release of the details and conclusions reached in this investigation would be a disservice to the officers involved and therefore will not be released.” The Fort Wayne JournalGazette reported today Ms. Mosley was suspended for one day without pay and Sanders

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REAGAN, MEXICAN PRESIDENT PORTILLO During Washington meeting in June

of the Northern Hemisphere in developing Third World countries, which are mostly to the south. In a speech last week, Reagan said the first issue that should be addressed here is government policy in poor nations that block development.

A: Many non-oil developing countries are facing an economic crisis. While the prices of most of their food and raw material exports have remained steady or decreased in recent years, the prices of oil and manufactured imports have risen dramatically. Accordingly, most of these countries have had few resources left for productive investment and have had to borrow heavily to avoid economic collapse. Q: What are the developing countries asking of the industrialized countries? A: Most developing countries say their problems stem from a flawed international economic system. They favor “global negotiations” leading to the creation of new institutions that will improve their terms of trade and give them greater access to technology and capital. Q: What is the response of the industrialized countries? A: Some say it is a good idea, contending that greater prosperity in poor countries will mean greater export opportunities for wealthier countries. They say the economic problems of the developed countrip® are closely linked to those of poorer countries. Q: What is the U.S. view? A: Reagan administration officials are highly skeptical of the “global negotiations” concept. Some see it as a scheme to plunder America’s wealth. They say the key to Third World prosperity lies in fiscal austerity, reliance on free enterprise and on the trade opportunities the United States and other industrialized countries have to offer. They say such institutions as the Work! Bank and the International Monetary Fund are well suited to resolve the aid and monetary problems of poorer countries.

received a written reprimand. Both were off duty Aug. 26 when a man was slain at a nightclub. Sanders went home to get his weapon, returned and aided in the investigation, officials said. A shift patrolman whose name was not given by the Jour-nal-Gazette, was quoted as saying, “If you have the right

Grissom asks hospital

GRISSOM AIR FORCE BASE, Ind. (AP) Officials at Grissom Air Force Base are seeking to convert an outpatient clinic into a hospital. The base hospital suspended surgical, obstetrical and ward services several years ago because of the shortage of military physicians and the nearness of hospitals in Peru,

friends and the right political connections, nothing is going to happen to you if you break rules.” A detective who also asked not to be identified, told the newspaper, "It’s no wonder morale is at the low level it is now. Everyone knows there is no such thing as fairness in this department. It’s all politics."

Kokomo and Logansport. The clinic provides general practice and some emergencv services, but most cases are referred to area physicians or sent to Wright-Patterson AFB in Dayton, Ohio. A decision on the proposal is not expected from Air Force headquarters for six months, officials said.