terrell@OHIO-STATE.ARPA (Eric Terrell) (12/05/86)
I am told that this program was available (perhaps still is) from ATARI's own BBS in Sunnyvale! Terrell
store2@ihuxi.UUCP (Wilcox) (12/09/86)
> > > I am told that this program was available (perhaps still is) from ATARI's > own BBS in Sunnyvale! > > Terrell Just because a piece of software is available on a BBS does not mean it is public domain. Even public domain may not really mean "public domain". There was a big discussion about this on CompuServe, I am told. I do not have an account there, so I wasn't following the discussion. CompuServe has taken the position that any public domain software you download off their board can only be used by you and cannot be uploaded onto another board without their permission. They admit that such a stand might stand up in court but they are trying to attract more subscribers which is counterproductive to letting people distribute their software freely. I understand they will revoke a subscribers logon if they are guilty of distrubuting it without permission. Don't know if they have actually done so. Kit Kimes AT&T--Information Systems Labs 1100 E. Warrenville Rd. Naperville, IL 60566 ...ihnp4!iwvae!kimes
tim@ism780c.UUCP (Tim Smith) (12/12/86)
In article <1454@ihuxi.UUCP> store2@ihuxi.UUCP (Wilcox) writes: > Just because a piece of software is available on a BBS does not mean it is > public domain. Even public domain may not really mean "public domain". > There was a big discussion about this on CompuServe, I am told. I do not > have an account there, so I wasn't following the discussion. CompuServe > has taken the position that any public domain software you download off > their board can only be used by you and cannot be uploaded onto another > board without their permission. CompuServe has not taken *such* a position. What follows is an explantion, downloaded from CompuServe, of their stand. ------------ begin text from CompuServe --------------------- 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. -- emordnilapregnolanalpanama Tim Smith USENET: sdcrdcf!ism780c!tim Compuserve: 72257,3706 Delphi or GEnie: mnementh