tim@ism780c.UUCP (Tim Smith) (10/23/86)
This posting contains two things. The first is a statement that Neil
Shapiro, cheif sysop of MAUG(tm), uploaded to the Mac forums on CompuServe,
explaining their side of the recent CIS vs BBS controversy, "reported" on
by Infoworld.
The second is some text that is available online on CIS that explains
what their policy is toward redistribution of stuff from CIS.
---------------- MAUG(tm) statement starts here ------------------------
Many of you may have read the article in INFOWORLD about how CompuServe's
lawyers contacted BBS Sysop Steven Sande. Most of INFOWORLD's article
was based on allegations made by Steven Sande and INFOWORLD printed these
allegations as truth. The allegations made are simply not true. The facts
of what happened are as follows:
1) CompuServe received a complaint from the author of a copyrighted
program that his program was being published by Sande's Mousetrap BBS without
the author's permission. The author also indicated that Sande had many other
non-Public Domain programs on his BBS. Note: Copyrighted program, not
a public-domain program.
2) CIS asked me to call the BBS and verify the author's complaint.
Sande's short bulletin (signed with his nom de plume of "Captain Mac")
specifically stated that Sande was going onto GEnie, CompuServe and Delphi
every week to download all of their files and that if you sent him $25 to
join his service there was no longer any need to join any of the networks.
His short bulletin did not state he was downloading public-domain files
but said all files and specifically stated commercial redistribution.
3) At the same point in time Sande left a message on MAUG(tm) also stating
that all files (not just public-domain) were being offered on his BBS. I
deleted that message and sent him an EMAIL reply explaining that many of
our files were copyrighted by authors and that it was unethical to take
such files without the authors' permission.
4) CIS' lawyers sent Sande a note which did NOT ask him to close his
BBS but simply asked that he cease the illegal acts above.
5) Sande left many messages on such networks as FidoNET claiming that
CIS had told him to close his BBS and that it was public-domain files
that were at issue. This is simply a misleading statement. CIS did not ask
him to close his board. The files at issue were copyrighted files which
CIS had received author complaints over.
6) It is important to keep in mind that Sande's BBS was a commercial
venture. It is also important to keep in mind that Sande specifically
stated in his short bulletin that he was making network compilations of
data available commercially.
7) CompuServe and MAUG are not attempting to "threaten" any BBS system.
BBS systems are the heart and soul of telecommunications. But the sysop of
a BBS must operate within certain ethical and legal guidelines. One of
these, as should be obvious, is that you do not use a copyrighted file without
the permission of the author.
-----------------------end of MAUG(tm) statement------------------------
The CIS policy note that follows is available online on CIS by the
command "go coyright". I have edited it a small amount to remove
references to pages and menu items, since I have stuck all the parts
together to make it one message. ( Online, you get this as several
pages, which you get to by menu commands ).
----------------------- start of CIS policy note -----------------------
The CompuServe Information Service provides more than 400
online products covering thousands of subject areas to its more
than 300,000 subscribers.
Material offered on the CompuServe Information Service
originates with a wide variety of sources, ranging from creative
public domain software programs uploaded by subscribers to
multi-faceted databases provided by large corporations.
The following information will address some commonly-asked
questions about copyright and ownership of material, particularly
as it relates to public domain information and shareware
programs.
--WHAT IS A COMPILATION COPYRIGHT?
CompuServe has copyrighted the contents of the CompuServe
Information Service as a compilation copyright, just as many
magazines and newspapers reserve such a copyright on the contents
of their publications. This copyright is held in accordance with
the 1976 Copyright Act of the United States.
A compilation copyright is granted when an organization
collects information in a lawful way, adds value to it, and
offers it to others. In this case, the CompuServe Information
Service is a value-added product; CompuServe Incorporated has
committed substantial financial resources to collecting more than
400 databases and offering them in an organized, structured way
to a defined user base through a nationwide telecommunications
network. The compilation copyright is intended to protect that
substantial investment from unauthorized exploitation. This does
NOT mean that CompuServe assumes ownership of individual programs
and databases provided to the system by subscribers or
information providers.
--IF I UPLOAD A SOFTWARE PROGRAM I'VE DEVELOPED TO COMPUSERVE, DO
I STILL RETAIN OWNERSHIP OF THE PROGRAM?
Yes, you do. CompuServe's compilation copyright does NOT
supercede individual ownership rights or copyrights to any of the
material furnished to the Service by subscribers or information
providers.
For example, a subscriber who creates a program and uploads
it to a CompuServe forum data library STILL OWNS that program,
and may upload it to other information services and bulletin
board systems.
It should be noted, however, that CompuServe cannot grant
any redistribution rights for materials copyrighted by the
author, unless specifically authorized to do so, CompuServe does
not own the material or the copyright. These rights must be
obtained directly from the author.
WHAT IS COMPUSERVE'S STANCE TOWARD COPYRIGHTED, PUBLIC DOMAIN,
AND SHAREWARE PROGRAMS?
Each of these types of property have special
characteristics, and deserves separate explanation:
COPYRIGHTED MATERIAL
CompuServe does not allow copyrighted material to be placed
on the CompuServe Information Service without the author's
permission. Only the owner(s) or persons they specifically
authorize may upload copyrighted material to the Service.
Any subscriber may download copyrighted material for their
own use. Any subscriber may also non-commercially redistribute a
copyrighted program with the expressed permission of the owner or
authorized person. Permission must be specified in the document,
on the Service, or must be obtained directly from the author.
PUBLIC DOMAIN
Any subscriber may upload public domain programs to the
Service. Any subscriber may download public domain programs for
their own use or non-commercially redistribute a public domain
program.
SHAREWARE
Only the owner or an authorized person may upload shareware
programs. Any subscriber may download shareware programs for
their own use, subject to the terms provided by the owner. Any
subscriber may non-commercially redistribute a shareware program
subject to the provided terms explicitly displayed in the
software itself, or with permission of the owner or authorized
person.
--AS A COMPUSERVE SUBSCRIBER, CAN I DOWNLOAD PUBLIC DOMAIN
INFORMATION AND SHAREWARE PROGRAMS FOR MY OWN USE FROM COMPUSERVE
FORUM DATA LIBRARIES?
Yes, you can. Public domain information and shareware
programs are uploaded to CompuServe data libraries by their
authors for use by other CompuServe subscribers.
--MAY I DOWNLOAD PROGRAMS FROM COMPUSERVE FORUM DATA LIBRARIES
AND SHARE THEM WITH A FRIEND, OR UPLOAD THEM TO ANOTHER
BULLETIN BOARD SYSTEM?
In keeping with the spirit of the development of public
domain information and shareware, it is not CompuServe's current
policy to prevent casual redistribution of this type of
information -- this is low volume and low frequency use or
redistribution of information where no commercialism is
involved. This means that a customer may download a file and
share it with others for no commercial gain -- either via a
bulletin board service, diskette, or other means.
A subscriber may not, however, download a large number of
files for redistribution via any means, nor is it acceptable for
a subscriber to update another bulletin board regularly with
files obtained from CompuServe.
It's important to note that CompuServe cannot grant
redistribution rights for programs clearly copyrighted by the
author, unless specifically authorized to do so. Such permssion
must be obtained directly from the author of the program.
--MAY I DOWNLOAD AND RESELL A PROGRAM FROM A COMPUSERVE FORUM
DATA LIBRARY?
Commercial exploitation of material contained on the
CompuServe Information Service is specifically prohibited by the
CompuServe Service agreement, to which each subscriber agrees
before being permitted to access the Service. Therefore,
subscribers cannot lawfully download and redistribute public
information or shareware programs for personal gain.
In addition, mass redistribution of public domain
information or shareware is also prohibited. Mass distribution
is defined as high frequency and/or high volume transfers.
--WHAT ARE THE PENALTIES FOR VIOLATING THE COMPILATION COPYRIGHT
OR SERVICE AGREEMENT PROVISIONS?
When a situation involving exploitation is brought to
CompuServe's attention, we investigate and, if warranted, remind
the violator of the terms of the Service Agreement. If
subsequent violations are reported, access to the CompuServe
Information Service may be terminated for the violator and, in
extreme cases, a letter is sent from our legal counsel asking
that he or she cease and desist, or risk further legal action.
This is done as a positive step to protect the value and use
of the material for CompuServe Information Service subscribers,
and to discourage unauthorized redistribution of that material.
------------------------ end of CIS policy note ------------------------
--
member, all HASA divisions POELOD ECBOMB
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^-- Secret Satanic Message
Tim Smith USENET: sdcrdcf!ism780c!tim Compuserve: 72257,3706
Delphi or GEnie: mnementh