I’ve got my eye on you: The RIAA is ending its flurry of lawsuits against illegal downloaders, but it’s still watching FEATURES PAGE 4 l
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BADGERS BLOW IT, LOSE TO GOPHERS Late-game lead dissolves with lackluster performance in final minutes
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Thursday, March 5, 2009
Possible changes to UW code of conduct debated By Sung Won Park THE DAILY CARDINAL
BECCA LI/THE DAILY CARDINAL
The Sigma Chi fraternity house, located at 221 Langdon St., is allegedly the site of a rape that took place last October. The fraternity has voluntarily put itself on social probation.
Rape allegations spark campuswide dialogue By Caitlin Gath THE DAILY CARDINAL
Allegations of a rape at the Sigma Chi fraternity house dominated the thoughts of students, faculty and staff across campus Wednesday when the alleged victim decided to come forward and share her story. The victim, who chose to remain anonymous, told The Badger Herald she was raped five months ago at the Sigma Chi fraternity house. Dean of Students Lori Berquam said in a statement that although sexual assault remains a constant issue on the UWMadison campus, she hopes more victims find the strength to come forward in light of recent attention to this case. “Survivors of sexual assaults often spend the rest of their lives trying to come to terms with the horrendous violence committed against them,” she said. “Let me state very clearly,
physical and sexual assault of any kind is [and] will not be tolerated at this institution.” According to the 2008-’09 Campus Safety Guide, there were 42 sexual assaults reported on campus in 2007. Carmen Hotvedt, student services coordinator at University Health Services, said sexual assault is often an underreported crime and that sexual-assault victims often find it difficult to tell someone their story because they are afraid of how that person will react. “We don’t live in a culture where disclosing being victimized that way has a good social consequence … It’s a victim-blaming culture at large,” she said. According to Kelly Anderson, executive director of the Rape Crisis Center of Dane County, it is easy for victims to feel overwhelmed when deciding whether to report the incident.
Cpt. Mary Schauf of the Madison Police Department said she likes to think there is hope for all rape cases to be solved, but acknowledged the reality is that some cases are easier to solve than others. A freshman student in the Greek community, who was advised by the president of her sorority to remain anonymous, said this incident gives a bad reputation to Greek life on campus. “It’s really unfortunate, because I feel like any group of guys could have done this,” she said. However, Anderson said there is a reason fraternities and other groups of men target firstyear female students to invite to their parties. “They’re not just doing that because they’re generous souls who want to share the partying experience,” she said. —Erin Banco contributed to this article
Amid the controversy surrounding the proposed changes to the UW student code of conduct, Adam Kissel of the Foundation for Individual Rights in Education discussed their potential effect on students’ rights Wednesday at Memorial Union. The proposed changes would give the university the ability to punish students for crimes committed off-campus, but such offenses would have to be repeated violations or serious ones, like sexual assault or destruction of property. Kissel presented his worries that the new revisions may take away some of students' rights, such as the right to legal representation at a disciplinary hearing. Under the new proposed version of the conduct code, whether a lawyer is allowed to represent or speak for the student would be at the sole discretion of the disciplinary committee.
THE DAILY CARDINAL
Bryon Eagon, one of the two candidates vying for Eli Judge’s position
Eagon safety plans • Exclude bar raids from the Downtown Safety Initiative
• Continue funding the • • •
Downtown Residential Lighting Initiative Promote watch programs Enforce building codes involving locks/windows Help fund taxi stand with city money if necessary
as District 8 alder, released his full safety plan Wednesday. The plan, titled “Addressing Downtown and Campus Safety: Balancing Immediate Action with Long Term Solutions,” includes actions to improve campus-area safety while looking at long-term methods to reduce the conditions under which crime flourishes. Eagon has included in his safety plan a review of the Downtown Safety Initiative to exclude bar raids, but believes there is more that must be done to ensure campus safety. “We cannot just talk exclusively about bar raids and think we have a real solution to making students
safe in Madison,” Eagon said in a statement. “It is time the discussion about campus and downtown safety be guided by solid policy proposals, and I hope this safety plan is a first step in making that discussion a reality.” Eagon also included in his newly released plan the continued funding of Judge’s Downtown Lighting Initiative, the promotion of neighborhood watch programs like the Langdon Street Watch Program and the creation of a “Collaborative Safety Organization” on campus to organize discussions about student safety. safety page 3
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ASM to oversee, allocate funds to new tenant-rating website By Rory Linnane THE DAILY CARDINAL
The Associated Students of Madison voted Wednesday to allocate $9,000 to create a tenant-rating website and a board of directors to oversee it. Ald. Eli Judge, District 8, who was appointed to the board, compared the website idea to the popular Rate My Professors website. “The hope here is to make sure students never have a landlord they don’t like,” Judge said. The board of directors will consist of four at-large seats and
Eagon releases safety plan with focus on campus protection By Rachel Holzman
“Only a lawyer may have the training necessary to know and respond when a student’s right has been violated,” Kissel said. Opponents and supporters had the opportunity to voice their opinions about the changes. UW-Madison Assistant Dean Ervin Cox stressed the need for a revised code, citing the need to update rules that deal with evolving technology. “Overall we need to revise the advisory code to more reflect actual practice. It’s just outdated,” he said. Deborah Katz Hunt, a parent of a UW student, said she was concerned about how the changes would affect students’ rights. “As I read this code, I think [my son’s] rights are not going to be strongly protected ... I am not confident enough that revisions to the code would be a good thing. They did not present reasons that answered my concerns,” she said.
ANDREW BERNHAGEN/THE DAILY CARDINAL
Brittany Wiegand, chair of ASM, led the debate over the creation and funding of a new tenantrating website Wednesday.
three ASM-appointed seats. Scott Resnick, who was also appointed to the board, predicted it would take 14 weeks to get the site up and running. In an effort to keep reform alive after the failure of the proposed new constitution, members of Student Council wrote a resolution to create a committee to review and propose changes to bylaws. Student Council voted it down as written, but according to ASM Media Specialist Claire Lempke, the council may take up the resolution again at its next meeting. The original resolution called for a combination of Student Council members, GSSF organization leaders and at-large members. “I think we need to keep going with the spirit of reform,” Legislative Affairs Committee Chair Kevin Ott said. Ott said he hoped the committee would use the work of the Constitutional Committee to propose changes to the bylaws. Before voting down the resolution, Student Council voted to amend it to remove the GSSF group leaders from the committee. “Since GSSF groups are service providers, not constituent servers, I don’t think it would be appropriate for GSSF groups to be guaranteed seats,” Student Council Representative Kurt Gosselin said. “By giving certain seats to GSSF leaders, we’re saying that GSSF leaders are more valuable than other asm page 3
“…the great state University of Wisconsin should ever encourage that continual and fearless sifting and winnowing by which alone the truth can be found.”
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A digressive column on the subject of Risk2
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MATT HUNZIKER his dark matterials
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nce1, years ago, I convinced my girlfriend to humor me by playing a round of Risk2. As unsatisfying an afternoon as the two of us had ever spent, our nominally two-player game began with my 30minute explanation of the basic rules and gameplay3, and proceeded from there with me reprising this explanation several times at length while moving all of her pieces around the board as well as my own4. Like absolute pitch or ambidexterity, an interest in Risk seems to be the sort of thing that can usually only be acquired in childhood. After the onset of puberty, there are simply too many distractions, and almost any other activity5 is guaranteed to garner more social status and attention from the desired sex than spending five hours learning the rules of a board game that takes ten hours to play, particularly when the other players are
basically assured also to be maladroit adolescents. But for those who’ve grown up unable to distinguish the Korean Peninsula from greater Mongolia and continue to think of Asia as a large, greenish region, the game still possesses a long reach. On more than one occasion, I’ve been part of a group of strangers at a party who, noticing the world map hung decoratively on the host’s wall, have fallen to discussing the advantages and disadvantages of various points of attack, all agreeing that it is virtually impossible to hold Europe in a competitive game6. However, while the game is a popular topic of conversation on these occasions, the inebriated make very poor Risk strategists. Due to the great deal of math involved, actually attempting to play a round in the presence of alcohol is a very difficult enterprise7, another factor which limits the game’s appeal among most college-aged adults. For a dedicated minority, however, Risk continues to be a reminder of a –meh, I quit. This is boring. Yakutsk to Kamchatka? E-mail your roll to Matt8.
Notes and Errata 1 The amount of persuasion required, coupled with the one-sided nature of the resulting game of conquest [a] made it unlikely that the scenario could be repeated without risking grievous injury to the relationship. a. See note 2 and sub. 2 Popularly, “The Game of World Domination” or, alternatively, “The World Conquest Game” [a]. a. Reputedly (and vexingly) marketed as “The Game of World Liberation” in Germany, in an attempted show of sensitivity toward some of the grimmer parts of the country’s history – an attempt greatly undermined by the Orwellian tone of the amended title. 3 In a nutshell [a], Risk is a turn-based board game centered on a simulated global war carried out by a variable number of players and factions across all six inhabited continents (New Guinea and the islands of the East Indies being grouped together with Australia). These are divided into smaller territories that can be occupied, attacked and defended as each player tries to build up this army and conquer more of the world map. Forces are represented by tiny plastic figurines [b] and attacks are carried out according to a detailed procedure that involves calculating troop strength and then repeatedly rolling six-sided dice to determine different outcomes. The game is over when one player occupies all 42 territories [c]. a. Granted we’d have to be talking about the mother of all nuts, here. b. Not least among the game’s challenges is the fact that the pieces are small enough to be carried off by dust motes or inhaled by curious house pets. Because of this, a complete set of Risk pieces is rare and the armies in a well-used set are often bolstered
New Beer Thursday Sierra Nevada early spring beer Picking an early spring beer is easy when a company, Sierra Nevada in this case, makes a beer called “Early Spring Beer.” Using the abbreviation ESB, generally reserved for Extra Strong (or Special) Bitter, Sierra Nevada has a clever concoction meant to ease beer drinkers from winter frost to spring dew, lest we find ourselves without an appropriate brew. Much like Goldilocks, you have to pick a beer that’s just right. Otherwise you’ll trick your body into thinking it’s the wrong season. Too thick and sweet and Punxsutawney Phil’s shadow might as well have been a black hole because, let’s face it, winter just can’t last that long. A beer too thin and bitter will give you false hope for a spring that is deceptively far away. ESB strives to find that middle ground. While still leery from Sierra Nevada’s poor showing with the Bigfoot Barley Wine—which tasted like Bigfoot’s youknow-what—they traditionally make a nice product, so they deserved an opportunity to redeem themselves. They did a
fine job. Just like the month of March, this beer starts with winter and ends with spring, meaning the rich malty sweetness of a winter lager is immediately apparent and the bitter American hops get the last laugh. As you drink, the sweet is less apparent and the hops are more prevalent, which could be a product of taste bud fatigue or hoppy sediment at the bottom. Overall, this is a solid beer that will help calibrate your internal weather station to the accurate season. Luckily for Sierra Nevada, there aren’t many other beers in this niche category, so it doesn’t have much competition at the moment. Unfortunately, finishing one won’t leave you clamoring for another, an attribute only great beers can claim.
by ranks of Monopoly, Clue or (in especially lean times) even Scrabble pieces. c. The premise of all-powerful generals commanding vast armies to dominate the world might seem like violent male fantasy, however, the game’s 20 pages of rules (which no one can seem to agree upon, ever) and the excruciating tedium of gameplay seem to suggest a more complicated moral message along the lines of, “War is best left to socially maladjusted and virginal teenage males.” 4 “Okay, so it’s your turn now. So what you’re probably going to want to do is put your troops down on Siam [a], so go ahead and put down three infantry there. Good. Now, you’re probably going to want to attack from Siam to Indonesia, so roll the three red dice. Okay, so you just lost two infantry, so go ahead and take them off the board–no, I’ll just do it. All right, so do you want to keep attacking or stop? You should probably stop attacking now. Okay, so now it’s my turn.” a. Modern day Thailand, Laos, Cambodia, Vietnam and others. 5 As complicated and overlong as Risk can be, it bears mentioning that there do exist, of course, games even more complex and hostile to widespread social acceptance, e.g. Axis & Allies or the fanatically revered Dungeons & Dragons, the purified heroin of nerddom. 6 One of these impromptu war councils might spend 20 minutes detailing strategies for dealing with this difficulty, just to give you an idea of a Risk convert’s depth of psychic investment. Depending on the volume of the party’s background noise and amount of alcohol consumed, these discussions may feature emphatic pointing and hoarse (though rarely angry) shouting. 7 An illustrative conversation between intoxicated Risk players, approximately 18 years of age, June 26th 2004, 2:13 am: Matt: John, it’s been your turn for like an hour already. John [a]: I’m thinking. Matt: You’re not even playing good [b]. This is stupid. John: [choked sounds of vomiting]. a. (narrowing his eyes in concentration while carefully arranging his pieces in an elaborate parade formation in the middle of the Pacific Ocean). b. [sic]. 8 (hunziker@wisc.edu).
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misconduct from page 1 Some opponents of the changes, like UW-Madison political science professor Donald Downs, plan to take up their concerns with the UW System Board of Regents. “We are going to send some thoughts to the Board of Regents, and some of us will probably try to appear in the Legislature when it goes to the Legislature.” In response to the opposition, UW System spokesperson David Giroux said those who oppose the changes focus only on minor details and several members of the community think the rules should be even stricter. The UW Board of Regents is holding a public hearing Thursday to get input on the proposed changes and will vote on them in May.
asm from page 1 students on campus.” Student Council members argued that reform could be made without creating a new committee. “We don’t know what the students want us to be doing or how we should be doing it,” Student Council Representative Dakota Kaiser said. “I think we need to look back at our mission. I don’t think that having another committee addressing a limited section of the bylaws is the answer to it.”
safety from page 1 Eagon said he wants to accomplish more group-effort organization with his Collaborative Safety Organization. “With ASM having a campus safety coordinator position, the UW Greek community promoting their own safety strategies, various UW-Madison’s efforts (e.g. SAFE services), the Madison Police Department’s approach and numerous other organizations and individuals caring about the issue, why not bring everyone around one table?” Eagon said in his safety plan. The full version of Eagon’s safety plan can be found at bryoneagon.com/ideas.
Thursday, March 5, 2009
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Budget plan seems to use private UW funds By Nico Savidge THE DAILY CARDINAL
A part of Gov. Jim Doyle’s budget plan that appears to use private UW System funds to balance the budget has caused confusion and drawn opposition from state and university officials. A UW System estimate of the proposed budget’s effect projects $10.7 million in gifts and donations would be cut from the UW System as part of a 1 percent across-theboard cut to state services. According to budget director David Schmiedicke, however, money from donations and gifts would not be spent under the plan. “In the case of gifts and grant monies and donations, those dol-
Owner of Crave found guilty of disorderly conduct
lars are not being transferred to the general fund,” he said. David Giroux, spokesperson for the UW System, said he was happy to hear that $10.7 million from gifts and donations would not be affected by the cut but is concerned that such a decision is not “what we’ve seen published in the proposed budget.” Schmiedicke said cuts would come from revenue earned by “auxiliaries,” services such as bookstores and residence halls. The UW System faces an overall spending reduction of $174 million, $25 million of which would come from auxiliary transfers, according to the estimate. The estimate also predicts $28.5
million in program revenue would be cut from the system, and Giroux said UW-Madison alone would face 60 percent of these cuts because it has a bigger pool of program revenue.
“The conversation needs to continue about the size of the cuts.” David Giroux spokesperson UW System
“The conversation needs to continue about the size of the cuts being given to the university and
the structure of that cut,” Giroux said, though he also said he is optimistic the university could keep its gifts and donations. Mike Mikalsen, a spokesperson for state Rep. Steve Nass, RWhitewater, said he wants to know why the money from donations and gifts is still part of the budget if it will not be spent. “$10.7 million can go a long way on a number of our campuses ... That certainly should be where that money is left,” he said. Mikalsen also said he feared donations to universities, especially to the smaller UW campuses, would suffer if contributors were under the impression that their money would not go to the school.
Residents owe over $1 billion in unpaid taxes
Tapped out
Eric Fleming, owner of the downtown Crave Restaurant and Lounge, was convicted of disorderly conduct Wednesday in Dane County court. Fleming said he plans to appeal the decision because witnesses who previously accused him now state he did nothing wrong. “The judge decided because of the police [testimony] that there was enough hearsay evidence that they still allowed the disorderly conduct [charge] to go through,” he said. According to the Wisconsin State Journal, police initially charged Fleming with fourth-degree sexual assault in November for allegedly groping a woman as she was removed from Crave. Judge Stuart Schwartz said the police testimony was valid, according to the WSJ. The woman did not testify in court, according to Fleming. Crave is set to close after six years at its 201 W. Gorham St. location, with Fleming previously saying the bar had experienced poor sales in recent months. BECCA LI/THE DAILY CARDINAL
UW-Madison students Chelsea Krause, Candice Swift and Sara Yeo (left to right), members of the student tap-dancing group Tap Sensations, rehearse in Memorial Union Wednesday night.
The amount of tax money owed to the state has grown to over $1 billion dollars for the first time in Wisconsin, according to the Department of Revenue. According to DOR spokesperson Jessica Iverson, the tax delinquency balance was $808.4 million in 2007 but increased to $1.03 billion as of July 1, 2008. However, Iverson said this increase should be attributed mostly to a new way of tracking the payment of taxes. She said the new automatic processing system collects taxes in a much more efficient way. “It is a little bit like comparing apples to oranges. It is higher when you look just at the numbers, but that’s due to the way it’s being calculated,” she said. To fill the state’s projected $5.9 billion deficit, Gov. Jim Doyle has proposed a variety of tax raises. Penny Durham, policy research analyst for the Wisconsin Taxpayers Alliance, said she does not think these increases will lead to more tax delinquency. “As a general rule I would guess that the people who normally pay their taxes will continue to pay their taxes,” she said. She said many of these unpaid taxes go back many years, so they are not necessarily a result of the economic downturn. —Megan Orear
Authorities identify dead man in Memorial Union guest room The man who was found dead in a guest room at Memorial Union yesterday has been identified as 41-year-old James Wai from Seattle, Wash. Dane County Coroner John Stanley said there was nothing suspicious about Wai’s death and there were no signs of forced entry,
visible wounds or foul play. According to UWPD Lt. Eric Holen, Wai had no affiliation with the university and was not a resident of Dane County. Stanley reported Wai was visiting from out of state but has no family in Wisconsin. A UW-Madison Union staff member found Wai’s body in
a guest room of the Memorial Union on the fourth floor. There are six guest rooms on the fourth floor of the Union that operate like hotel rooms. Holen confirmed the man was a guest staying in the room where he was found, but Holen did not know how long he had been staying there.
UW students report suspicious man lurking around apartment Four UW-Madison students reported a suspicious person who was lurking around their North Brooks Street residence last Wednesday. According to a police report, four female roommates, three 19year-olds and one 20-year-old, were eating breakfast when a man approached the sliding glass patio door of their apartment. The man told them he often walks the bike path behind their residence and has
seen a man peeking into their window on several different occasions. The man then told the women that he had reported the suspicious activity he observed to the police. However, one of the women contacted the Madison Police Department and the UW Police Department and could find no record of a report. After discovering the inconsistency in the man’s story, the women
reported the incident to the MPD. The officer taking down the information told the women not to hesitate to call 911 if they see suspicious people lurking outside. The officer also recommended the women keep their blinds closed at night and in the early morning hours. The suspicious man is described as a black male, 5'10", 180 pounds, clean-shaven and wearing a blue flannel shirt.
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Thursday, March 5, 2009
The industry is watching UW-Madison students have been downloading music illegally for years, at the risk of lawsuits. As the recording industry’s enforcement methods evolve, students might find themselves receiving more cease and desist letters from the RIAA. Story by Tom Hart PHOTO ILLUSTRATION BY LORENZO ZEMELLA AND KYLE BURSAW
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W-Madison sophomore Erkin Otles knows all too well about the pitfalls of illegal downloading. As a freshman living in a university residence hall, Otles received notice from the university that his Internet privileges could be revoked as a result of a cease-anddesist letter sent to the university from the Recording Industry Association of America. “I had gone home for the weekend, and I came back and my Internet connection was not working,” Otles said. “I checked my e-mail, and ResNet had sent me a warning saying that I had been caught by the RIAA for illegal downloading. It was basically a cease-and-desist letter.” As the digital music world continues to evolve and expand, the RIAA has struggled to keep illegal downloading at bay. In its latest effort to curb online copyright infringements, the industry has stopped imposing pre-lawsuit notification letters and implemented the Digital Millennium Copyright Act. This new system benefits UWMadison students, who no longer have to worry about receiving letters encouraging monetary settlement. But students should not be surprised to receive more cease-and-desist letters under the DMCA, which sends letters to students who download one or more files illegally. “We rely upon the university to follow up with the individual in question and ensure that the infringing material is taken down,” RIAA spokesperson Liz Kennedy said. RIAA CEO Mitch Bainwol explained the association’s switch from lawsuits to graduated responses in a December 2008 letter to the House and Senate Judiciary and Commerce Committees. “When we originally initiated the litigation program some five years ago, we made clear that lawsuits were not our preferred response,” Bainwol said, adding that the RIAA had no other alternatives.
“A whole generation of kids was growing up with the practice and concept that it was okay to take our music without paying for it.” According to Bainwol, just months after the RIAA transitioned lawsuit notices to DMCA cease-and-desist letters, they saw more students notified than in the previous five years. “We are delighted that circumstances have evolved to the point where we could transition from lawsuits to these ISP graduated response programs,” Bainwol said. “A whole generation of kids was growing up with the practice and concept that it was okay to take our music without paying for it.” Mitch Bainwol CEO RIAA
Although the RIAA has seen more success with the new process, the Division of Information Technology continues to see its operating costs rise. In response to a survey from the Congressional Subcommittee Survey of University Network and Data Integrity Practices, the university stated that more than $300,000 has been spent on copyright infringement and remediation over the past several years alone. “The notices come about weekly,” DoIT Communications Manager Brian Rust said. “We have received many of them over the years. We had to set up a standard procedure, and we have staff that is hired to handle the uptick in notices like this along with other accusations of misuse in the university’s network. “Higher education seemed to be the target for the pre-settlement notices, because it was pretty easy to isolate students who were living in university housing and the university network that they were using,” Brian Rust commented. “The RIAA can iso-
late the exact IP address, so they can tell if you’re living in Adams Hall in a particular room and you set your computer to do file-sharing. You’re busted.” Rust also made it clear that student identities are not revealed in the process. University Housing recently enacted a program by which any user identified by a DMCA notice will face disciplinary action. First-time offenders have their networks quarantined to UW-specific websites until they declare that the material in question has been removed and they understand appropriate use policies and copyright laws. “I had to go through a series of things to read and check and watch a video telling me about what downloading is illegal,” Otles said. “The whole thing took me 15 minutes to go through.” A second offense leads to a
minimum four-week quarantine and a meeting with a residence hall supervisor. The Office of the Dean of Students is notified as well. The final response includes a network quarantine for the remainder of the academic year. Otles’ experience has caused him to become more vigilant in his downloading practices. “I read all the comments now, because generally the comments have indications if it’s being tracked or if it has a virus or something.” Even though some students seem to be unphased by the recent surge in DMCA warnings, the recording industry has seen positive results from their methods. Digital revenues surpassed $3 billion last year, which accounted for over 30 percent of total industry revenues. This is a huge leap when compared to the $180 million that was generated in 2004. “We are trying to do all we can
to address piracy, most importantly [to] educate fans about the many legal, affordable options available to them,” Kennedy said. “Every student in the country has access to affordable, legal music through innovative music industry-supported models like that offered through MySpace Music, Amazon MP3 and Rhapsody.” UW-Madison graduate student Thomas Kuech believes that the digital system itself has to change before illegal downloading will come to an end. “If the recording industry got together and put together a better alternative, it would lessen the chance that I would download illegally,” Kuech said. “Downloading gives you the option to choose between way more options than you would find at your average Best Buy. You can choose different bit rates, live albums, rare tracks and it’s a lot faster than anywhere else.”
Percent of students downloading unlicensed movies/music
AMY GIFFIN/THE DAILY CARDINAL
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Thoughtless theaters provoke piracy KEVIN SLANE citizen slane
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efore I wrote all of my Oscar columns, I felt a responsibility to my readers to see each and every film I wrote about. Although I ended up short of my goal (who wants to watch “The Reader” anyway?), I still managed to watch most of the major contenders, and was able to make an educated commentary on each of them. Yet, I am a starving college student, and unlike many of the students living in the luxurious highrises around campus, I am not made of money. So how, you ask, do I manage to find the time and money to watch so many good movies? Just a little bit of piracy, that’s all. Most of you use (or at least have heard of) some sort of pirating device. Limewire, Azureus, BitTorrent and many others are readily available online, but it’s only in recent months that the biggest offenders in this business have come to prominence. The Pirate Bay, one of the biggest torrent trackers on the
web, is currently on trial in Sweden for “complicitly making copyrighted material accessible,” which is a pretty vague charge. So far, the defense has been running circles around the prosecution, both in their technical prowess and their defense, pointing out that Google is just as much of a torrent searching device as the Pirate Bay, it’s simply branded differently. Similarly, this week ESPN was knocked out of the top 10 video viewing sites by MegaVideo.com, a Chinese site that posts full movies, television shows and all other matters of video clips. Although the videos are not indexed in any regular fashion, linking sites, such as alloftv.org or tvforfree.com, spring up just as quickly as they can be shut down. For example, viewers spent an average of over six hours on Megavideo, which is leaps an d bounds ahead of any other video site. Furthermore, the Chinese government has no obligation to turn over any IP addresses to the U.S., so the site’s proprietors can continue with little to no interruption. The reason this is important is not the fact that people are pirating movies. It’s the fact that people are not going to as many movies because of these readily available free alternatives. More often than
not, people will say something like “Well, that movie looks OK, but I don’t really want to see it in theaters. I’ll rent the DVD.” This statement has regressed for many people to “That movie looks OK, maybe I’ll download it.” Yet, I can’t bring myself to blame these sites for Hollywood’s misfortune. By making a night at the cinema a more enjoyable experience, the industry could solve a lot of their problems. I don’t really enjoy showing up to a movie theater to pay nine dollars for a ticket allowing me to munch on stale popcorn while sitting in sticky, uncomfortable seats surrounded by crying children and thoughtless talkers. I’d much rather enjoy some free, warm and fresh popcorn while sitting in my comfortable recliner at home, enjoying a movie in solitude or in the company of a few friends who won’t gab the whole time. So apologies to Hollywood, but until there is marked improvement or a drastic price reduction in your product, I’m putting my pirate hat on and enjoying the spoils of a pilfered movie in the comfort of my own ship. Do you blame pirates like Kevin for the plight of the movie industry? Email him at kevslane@gmail.com.
PHOTO COURTESY TOO YOUNG TO DIE RECORDS
English duo the Boy Least Likely To thrive on an innocent sound that is impossible to describe and even harder to turn off.
Live by the ‘Law’ By Matt Hunziker THE DAILY CARDINAL
A person could fill pages and pages trying to precisely pin down the sound and meaning of English duo the Boy Least Likely To’s deceptively titled debut, The Best Party Ever. On it, the band makes liberal use of instruments widely employed by other indie-folk acts, such as harmonicas, brass and banjos, but the resulting sound is wholly unlike that of any of their contemporaries, and might be best described by one of the album’s in-joke lyrical references to a “country-disco band.”
CD REVIEW
The Law of the Playground The Boy Least Likely To Likewise, while their lyrics deal with oft-explored topics like childhood, aging and compromise, they handle these themes with a subtlety, deftness and understatement that give the lie to their too-cute band name and album art. But while this description might give the impression that the Boy Least Likely To is overly cerebral or artsy, their songs are, above all else, catchy and immediately affecting—so much so that their debut was almost certain to cast a long shadow over anything that would follow it. On their long-awaited sophomore album, The Law of the Playground, the duo seems untroubled by the thought of any such comparison. Staying about 80 percent true to the sound of their first record, The Law of the Playground is the sort of follow-up that sands down any rough edges and competently reworks the raw material of its predecessor. The album’s first several tracks come off as slightly tighter and more upbeat versions of songs that
could otherwise have fit in perfectly on The Best Party Ever, the most noteworthy being “A Balloon on a Broken String,” whose fuzzy synthesizer riffs and handclap breaks have the makings of a college radio hit.
For a band with as few close peers as the Boy Least Likely To, even a reworking can sound fresh and unique.
The album’s real highlight, however, is “The Boy with Two Hearts,” which feels like the kind of song the Boy Least Likely To were made to write. A simple trumpet melody and plodding low brass part begin the track with a sweet, melancholy vibe that recalls the excellent “Battle of the Boy Least Likely To” from the group’s debut. Singer Jof Owen’s lyrics are at their expressive prime here, and the song might be the very best in the band’s catalog. The Law of the Playground’s second peak, the pre-release single “Every Goliath Has Its David,” plays to the duo’s up-tempo strengths. It’s a sign of the group’s talent that they can pull off a couplet like “And I know Kung Fu / and I’m not afraid of you,” without sounding grating or scoffing at their overmatched protagonist. But it surely helps that the song’s shakily martial drums and staccato guitar give the perfect impression of their hero’s valiant (though probably doomed) stand. When a group’s sophomore album follows closely in the footsteps of their debut, there’s usually a sense of disappointment in the feeling of familiarity. For a band with as few close peers as the Boy Least Likely To, however, even a reworking can sound fresh and unique, and The Law of the Playground makes just enough tweaks in the right places to live up admirably to the promise of its predecessor.
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Two are better than one! The Chinese symbol for trouble is two women under one roof! dailycardinal.com/comics
Thursday, March 5, 2009
7:45 a.m.
Today’s Sudoku
Anthro-apology
By Eric Wigdahl wigdahl@wisc.edu
© Puzzles by Pappocom
Slane-gel Hair Pasta
By Todd Stevens ststevens@wisc.edu
Sid and Phil
By Alex Lewein alex@sidandphil.com
Solution, tips and computer program available at www.sudoku.com.
Fill in the grid so that every row, every column and every 3x3 box contains the digits 1 through 9.
Today’s Crossword Puzzle
The Graph Giraffe
Evil Bird
By Yosef Lerner ilerner@wisc.edu
By Caitlin Kirihara kirihara@wisc.edu
Answer key available at www.dailycardinal.com DATE BOOK
1 6 10 14 15 16 17 18 19 20 23 24 25 28 30 33 35 36 38 42 43 44 45 46 50 51 53
ACROSS
George Burns film of 1977 Shed tears Cash caches Cup of tea, so to speak “I cannot tell ___” Intermittent trickle “___ Tear Fall in the River” Neighbor of Ark. “___ happy returns” When one must account for oneself Roman passageway Brand makers Beads on blades Least trustworthy Western time Appropriate for kids K-12 Artful dodge Certain evergreen John Updike novel Bonkers Operated “___ uncertain terms” Recipe abbr. Wyoming city Brick measurement Plow pioneer Plus others, briefly
55 1998, to the Chinese 60 Sheepskin alternatives, for short 61 She’s an inspiration 62 Sound from a sleep lab 63 Nebraska Indian 64 Jelling agent 65 Perfect 66 If you play it, take a bow 67 Dried up 68 Downright unpleasant, as weather 1 2 3 4 5 6 7 8 9 10 11 12 13 21
DOWN
“The Wizard ___” (comic) Opposite of adios Joel of “Cabaret” 10th century Holy Roman emperor Deliberately ignoring ABBA’s first hit Util. bill item Part of a digital display? Pavarotti and Domingo, e.g. FDA component Noted Barnard undertaking Valuable vase type 007, for one Empire, to Germans
22 Out to lunch 25 Distributed, as cards 26 Some Sesame Street dolls 27 Commotion or frenzy of activity 29 Prefix with “red” or “structure” 31 Issue a verbal refusal 32 Iron Mike of boxing 34 Roadhouse 37 Reagan’s Star Wars proj. 39 Mary-Moore connector 40 “I agree!” 41 Join forces 47 Oven emanations 48 Sanctuary 49 Dines at home 52 Rembrandt’s workstation 54 Lavin or Ronstadt 55 Himalayan mystery creature 56 Leader opposed by the Bolsheviks 57 Says, in teenspeak 58 Part of QED 59 Depend 60 Web address ending
Frugal Gnome
By Lindsey Heinz and Emily Villwock lheinz@wisc.edu
opinion dailycardinal.com/opinion
Thursday, March 5, 2009
view Cardinal View editorials represent The Daily Cardinal’s organizational opinion. Each editorial is crafted independent of news coverage.
sex offender plan needs oversight
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ast week, Doyle was getting hammered for his proposal to release nonviolent inmates early to save money in the budget. Doyle is under fire again this week for a proposal to ease the budget crunch by lessening the post-prison monitoring of some sex offenders. Doyle’s proposal for the 2009’11 budget would allow Department of Corrections officials to switch some sex offenders’ monitoring from “active,” which tracks in real time and alerts the state monitoring center immediately if an offender enters a forbidden area (like a school), to “passive,” which tracks offenders but only downloads data to the state computer system every 24 hours when the offender manually recharges the portable tracking device. Active tracking costs $8 per day versus $4 per day for passive tracking. Although we endorsed Doyle’s proposal for early inmate release to save money and called for review of the truth-in-sentencing law, this proposal raises several concerns and necessitates clear standards and benchmarks to ensure safety isn’t compromised. One concern this proposal provokes versus the inmate release proposal is the type of criminal receiving lenience. According to the Wisconsin State Journal, the 748 sex offenders mandated for lifetime GPS tracking by 2009-’11 under the sex-offender tracking law are the most egregious offenders, including “people who raped a child under age 12, those convicted of multiple sex offenses and mentally impaired sex offenders who are no longer in state custody.” We believe discretion for corrections supervisors is important, and employing blanket punishment policies for criminals is a flawed method that fails to account for malleability in human nature. Not all offenders are the same and many might never commit a crime again following incarceration. Yet, these are not nonviolent criminals earning early release for good behavior, these are the worst of the worst sex offenders. The active tracking provides immediate updates
and enables authorities to prevent another crime, whereas passive tracking holds little preemptive power and merely alerts—whenever the offender decides to recharge the device—of a violation well after its occurrence. Foregoing the preemptive capabilities of active tracking for the reactive system of passive tracking presents a safety gamble—one that could come back to bite Doyle’s political career with even one mishap. It’s unclear how many of these offenders will be eligible, but DOC Secretary Rick Raemisch frames the proposal as a common sense measure with little chance of jeopardizing safety. “If a person behaves themselves, is a model citizen, has changed, has accepted treatment, has followed treatment, treatment’s successful and ... he’s in the 18th year of supervision, it just makes sense to be more efficient,” he said. We agree with the leniency and discretion Raemisch depicts in principle, but given the nature of these offenders’ crimes, discretion must be coupled with detailed benchmarks and standards to guide a switch from active to passive monitoring—and these standards should be clearly delineated to the public if the Doyle administration envisions broad support and acceptance of this measure. The criteria Raemisch describes—along with evidence of consistent employment, stable housing and a prosocial support network—provide a solid standard, but Doyle and Raemisch must detail this standard in the actual proposal and not just from their oral assurances. The money saved could reach the millions under this proposal—not an insignificant amount considering the severity of our budget deficit—but few will remember or care should one of these offenders relapse. We tentatively support this proposal, but concrete guidelines and standards should determine in tandem with supervisor discretion whose tracking is diminished—and the Doyle administration should take pains to communicate these precautions to the citizens of Wisconsin.
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Judicial system sinking ship of bias, imbalance JOSEPH KOSS opinion columnist
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n important and timely case that could change the way state Supreme Court justices are elected went before the U.S. Supreme Court this Tuesday. The case, Caperton vs. Massey, involves issues at the heart of our judicial system: impartiality, fairness and the right to due process. In 2004, the CEO for Massey Energy, Don Blankenship, spent $3 million on the election campaign of West Virginia Justice Brent Benjamin. Justice Benjamin later went on to side in a 3-2 majority throwing out a $50 million lawsuit against Massey Energy. The company Benjamin ruled against, Harmon Mining Corp., formerly owned by Hugh Caperton, asked Benjamin to recuse himself from the case, citing the appearance of biases. Justice Benjamin refused, saying nothing in the state constitution required him to do so. Caperton appealed the decision, claiming his 14th amendment right to due process had been violated. Both sides had their day in court Tuesday. The court seemed to be split along familiar lines at the end of deliberations, with most scholarly observers thinking it would be a split 5-4 decision, and Justice Anthony Kennedy would cast the key vote. The central issue is whether or not there can be such a thing as a due-process test. In reports, Justices Roberts and Scalia appeared to reject this broad interpretation of the 14th amendment, claiming the court cannot operate on a ‘sliding scale’ rule for justice recusal. There is no reasonable standard or percentage of bias that can distinguish between legitimate politicization of the election process and improper association with a potential litigant and as such, it should be left to the states to decide. One can assume Justices Alito and Thomas would agree. Justice John Paul Stevens voiced the most vociferous views of the more liberal bloc of the
court (usually including Breyer, Ginsberg and Souter). He claimed “We have never confronted a case as extreme as this before,” and that the case is a matter of public confidence in the judicial system. When Scalia countered that the metric for recusal is indefinable, Stevens countered: “Of course, you can stop at what is obviously improper ... This fits the standard [in an obscenity case] that Potter Stewart articulated when he said ‘I know it when I see it.’” Justice Kennedy assumed his usual role as middle moderator. Some experts saw his final round of questions hinting at siding with Caperton, at the end saying: “Our whole system is designed to ensure confidence in our judgments ... And it seems to me litigants have an entitlement to that under the due process clause.”
Public trust in a fair, balanced and impartial judicial system ought to be a starting point for our democracy.
The actual decision won’t be known for a couple months, but its potential impact is hard to measure. Currently, many states have judicial systems intertwined with the political electoral process. Six states, including Wisconsin, have direct elections for their Supreme Court justices. Nationwide, funding for state high-court races have escalated at an alarming rate since 1989-1990, rising from $6.2 million to $43.2 million in 20072008. A recent Wisconsin court ruling did nothing to curtail this. Instead it allowed for court candidates to declare open partisanship, join political parties, endorse political candidates and directly solicit campaign donations. If the court does rule in a 5-4 decision siding with Caperton, a great victory will have been made for justice and the American people. For too long we have allowed money and power to control and decide the everyday workings of our government. Our prisons are
filled with examples of cases where too little money, unqualified lawyers and the wrong skin color end in asinine convictions and perpetuate the very real appearance of partiality in our judicial system. The politicization and election of state Supreme Court justices does nothing to mitigate this appearance; it merely continues entrench it. Under President Bush we saw just how damaging a role partisan politics can play inside an entity designed to protect and promote justice. For over five years, from 2003 to 2008, the U.S. Justice Department itself was run awash with political litmus tests and open discrimination, selecting for “RTAs” (Right-Thinking Americans), destroying the Civil Rights division and inter-department confidence in their mission, finally culminating in the—now deemed improper—firing of eight U.S. attorneys and the resignation of our attorney general. In Wisconsin, our last two Supreme Court elections gained national attention for their vitriolic and race-baiting ads and obscene money spending (over $4 million), most notably by the Wisconsin Manufacturer and Commerce special interest group. We lost one supremely qualified and well-respected Justice (Butler) to an unknown and untested circuit court judge through a malicious and racist ad campaign, and elected another judge (Zeigler) in spite of serious ethical concerns. The Caperton vs. Massey case has the potential to send serious reverberations through our current election-based system for justices. As far back as 2007, all seven justices signed a letter in support of publicly financed campaigns. This case proved further the need to reform our system. Public trust in a fair, balanced and impartial judicial system ought to be a starting point for our democracy. Recently, it has become just another problem on the ever-growing list. It will take a gigantic push from the U.S. Supreme Court to right this sinking ship. This case might be that push. Joe Koss is a junior majoring in secondary education in social studies. Please send responses to opinion@dailycardinal.com.
Contrary to leftist commentary, Republican party alive and well By Kristen Wall COLLEGE REPUBLICANS
Ever since the election this past November, which ended with devastating losses for the Republican Party, the left has been gloating about “the death of the Republican Party” and how “conservative principles are no longer relevant.” If I were a member of the left, however, I wouldn’t be dancing in the streets just yet. This past weekend, I, along with conservative students from all across the country, gathered in our nation’s capitol for the 26th annual Conservative Political Action Conference. The crowd that gathered at the Omni Shoreham Hotel this year totaled over 8,500, more than half of whom were students, making it the largest crowd CPAC has ever seen. This year’s CPAC included a stellar lineup of speakers, including Mitt Romney, Paul
Ryan, Tim Pawlenty, Newt Gingrich, Mitch McConnell, John Boehner and Rush Limbaugh. Topics ranged from health care and education to national security and the “stimulus” package. Most speakers, while highlighting the important conservative issues such as limited government, personal and fiscal responsibility and the right to life, also stressed that, as conservatives, we must not abandon our core principles. It is because conservatives have abandoned our principles, especially in the last few years, that we have suffered so many losses. The keynote address, given by conservative talk radio host Rush Limbaugh, was nationally televised on Fox News, giving millions the opportunity to see that the conservative movement is not going down without a fight. Limbaugh went an hour over his time limit and high-
lighted many important issues that the conservative movement has to face head-on. He spoke about how conservatives at the core want people to succeed, and how conservatives like to believe that the next five years will be better than the last five years. Former president Ronald Reagan used to speak of America as the shining city on a hill, and now President Obama is comparing America to an old moldy soup kitchen in some obscure corner of Gary, Indiana. I am not denying the fact that we are in troubled times, as we were in the early ’80s, but President Obama, Nancy “ants-in-her-pants” Pelosi and Democrats in Congress keep forgetting that we got out of the recession in the ’80s through tax cuts, not by pushing through outrageous “stimulus” packages that we will being paying for in generations to come. Obama’s plans
are simply the same failed Democratic policies of the past, disguised as new plans full of “hope” and “change.”
Conservatives will not stand for being in the minority, and we are going to change that very soon.
Also highlighted in Limbaugh’s speech was the need for Republicans to stop acting like the minority party. Although we are in the minority in both the House and the Senate, the only way to regain power is to provide alternatives to the socialist tendencies of the Democratic Party. We must stop thinking of ourselves and force the
liberal Democrats to listen. Everyone in America lives their lives in a conservative manner in one way or another, whether it be by practicing fiscal responsibility or wanting to make their own choices without the government interfering. Conservatives must stop checking their principles at the door if we ever want to regain control. The left might be celebrating what they think is the end of conservatism, but if last weekend was any indication, the conservative movement is far from dead. The energy at CPAC was inspiring on all levels, and a message was sent to the rest of the country: Conservatives will not stand for being in the minority, and we are going to change that very soon. Kristen Wall is First Vice Chair of UW-Madison’s College Republicans. Please send responses to opinion@dailycardinal.com.
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dailycardinal.com/sports
Thursday, March 5, 2009
Men’s Basketball
Badgers lose late lead By Joe Skurzewski THE DAILY CARDINAL
Wisconsin (9-8 Big Ten, 18-11 overall) could not rebound from a rough first half and lost a thriller to the Minnesota Golden Gophers (9-8, 21-8) Wednesday night in Minneapolis, falling 51-46. The Badgers looked to avenge an overtime loss at home to Minnesota Jan. 15 and avoid a season sweep at the hands of the Gophers. Despite sloppy play, including two missed dunks on the same play, the Gophers kept the lead the entire half. Minnesota managed to prevent the Badgers from getting many points in the paint, all but shutting down Wisconsin’s inside scoring game. Meanwhile, UW’s inside defense struggled mightily, allowing drives through the lane and lob passes. Minnesota freshman forward/center Colton Iverson dominated the Badger forwards who tried to front him. Senior forward Marcus Landry kept the Badgers in the game with two clutch 3-pointers.Minnesota
led at the half, 23-16. It marked the lowest-scoring first half of a conference game for the Badgers this season. As the second half began, Wisconsin’s offense showed signs of life. Two more 3-pointers by Landry and junior guard Trévon Hughes brought the game to within one with about 12 minutes left. Then a scoring rally by Landry gave Wisconsin its first lead, 39-38, with 5:53 left in the game. Wisconsin would extend the lead to five points before watching it disappear. With just over a minute left, Minnesota junior guard Lawrence Westbrook drove the lane, scoring to bring the Gophers once again within one. On the Badgers’ ensuing possession, Hughes fired an errant mid-range jump shot, and Westbrook drove down the court again, drawing a shooting foul. He then hit two free throws with under 30 seconds, left, giving the Gophers the lead. After two missed 3-pointers and an errant
inbound pass, the Badgers hopes for victory were finished. Landry led the Badgers in scoring with 18 points, including four 3-pointers. For the second time this season, the Badgers failed to shut down Westbrook. The Gopher guard, largely responsible for Minnesota’s come-from-behind victory against the Badgers in January, once again carried his team down the stretch. Westbrook—who started the game on the bench—lead his team in scoring with 15 points, shooting 6-of-6 from the freethrow line in the waning minutes of the game. “What a crowd we had. The Barn was rocking tonight. We beat the hottest team in the Big Ten,” said Gopher head coach Tubby Smith said. Wisconsin head coach Bo Ryan remained optimistic. “It was a hard-fought game, and I like being in games like that,” he said. Ryan further commented on the Badgers’ challenges that lie ahead.
BRAD FEDIE/THE DAILY CARDINAL
Junior guard Trévon Hughes scored 10 points against the Gophers but shot an abysmal 17 percent and lost the ball three times. “It’s part of our goal to see how high we can finish in the Big Ten, and our guys have been pretty competitive,” he said. “So we still have one more left, and we go from there.”
The Badgers now look to end their regular season on a winning note as they host the Indiana Hoosiers this Sunday, March 8. —uwbadgers.com and gophersports.com contributed to this report.
Ryan’s short Wisconsin tenure has seen a glut of talented ballers BEN BREINER boom goes the breinamite
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nd now comes the time to gauge the best of Bo’s boys. Wisconsin head coach Bo Ryan has coached at Wisconsin for eight seasons, and in that time has seen many talented players don the cardinal and white. Here is a look at the five best Badgers to ever suit up for Bo’s team. No.5 Marcus Landry: Call him the best of the rest. Landry provided defense and shot-blocking along with inside-outside scoring skills during his four-year stay in Madison. Despite Landry’s contributions as a good rotation player and a team leader in his final season, there is a
big gap between Bo’s fourth and fifth best players. No.4 Kirk Penney: Only played two seasons under Ryan but in those years he was special. Penney was ideally suited for the swing offense, as he could attack other guards in the post or pull up and drop in buckets from long range. Furthermore, he was Wisconsin’s top scorer during both seasons he played under Ryan, earning allconference honors both years and even All-American recognition as a senior. Those two seasons also ended in the Badgers’ first league titles in a half-century. No.3 Mike Wilkinson: Although he was never the top player on a Badger team, Wilkinson was the epitome of consistency and the development that Bo’s players usually have. He was by far the best rebounder in Bo’s tenure, and by the
end of his career became a smart, pesky defender who overcame his physical limitation. And then there was his offense. Wilkinson stood at just over 6'8" and had an array of post moves, a good face up game and could hit 3pointers as well as any big man under Ryan’s tutelage. He ranks this high since he was one of the best players on Wisconsin’s winning teams, getting to both a Sweet 16 and an Elite Eight. No.2 Devin Harris: Ryan never had a player more talented than Harris. He started as a freshman and became a force in the league. Harris could score any way you wanted: jumper, using his speed to blow by opponents, or even unleashing a drop step out of the post which few guards could stop. He put together his most complete season as a junior in 2004, earning the conference MVP while scoring 19.5
points per game and handing out 4.4 assists, still the most for any of Ryan’s Wisconsin players. Only two things keep him from the top spot. One is the fact that he couldn’t lead Wisconsin to the Sweet 16 in 2004, despite playing the first two rounds in Milwaukee, and the other is that he left after his junior season, creating the tantalizing thought that with him Wisconsin could have beaten UNC and gone to the Final Four in 2005. No.1 Alando Tucker: Wisconsin’s all-time leading scorer presents a fascinating conundrum. There was so much success, so many great plays and yet something so off about it. Throughout Tucker’s career, his game radically shifted away from the basket and thus, away from his strengths. As a freshman he was an energetic, short (6'4") power forward who once pulled down 18 rebounds
in a game. The next season he was the team’s top scorer and was considered an excellent post defender. In the next two years he became more of a wing, driving more and taking more 3-pointers, which he did not do exceptionally well. So much of his scoring came on difficult shots that when, they didn’t fall, he had some bad games. Tucker’s resume, however, overcomes most of that. He was clearly the best player on the Elite Eight team. He was a two-time conference scoring champion and Big Ten Player of the Year in 2007. His inside-outside scoring skills made him perfect for Bo’s offense and ultimately the best of Ryan’s players. Do you believe Greg Stiemsma or Boo Wade could have been better than anyone on this list? Share that with Ben at breiner@wisc.edu.