[news.misc] The Rape of Usenet

canada@crash.cts.com (Diane Barlow Close) (12/21/89)

This message was posted by Dave Small to the atari newsgroup, and I have
many objections and some questions I'd like to pose to the net (so as not
to waste net $$ please direct all followups to news.misc or alt.flame):

-> Date: 19 Dec 89 06:00:28 GMT
-> >From: dsmall@well.UUCP (David Small)
-> Newsgroups: comp.sys.atari.st
-> Subject: USENET -> GEnie uplink now working
-> Message-ID: <15097@well.UUCP>
-> 
-> 	It's time to announce that there is now a working uplink
-> from USENET to GEnie. Each note posted into comp.sys.atari.st is sorted
-> by topic, and uploaded to "Category 10" of the Gadgets RT on GEnie.[...]
-> 
-> 	The link is one way. GEnie makes its living selling information
-> bases to the public, and doesn't want them downloaded and distributed freely.
-> [...] I just want to get the maximum freedom of information
-> exchange possible between these networks; [...]

I object to this ONE WAY transfer of information.  Dave talks about the 
*exchange* of information.  This is not an *exchange*, it is a one-way 
transfer of Usenet information.  I object to the rape and plunder 
(*for profit*) of Usenet!  A summary of Usenet, or perhaps ``this is the 
latest from Usenet'' (1 or 2 articles follow), is acceptable. This wholesale 
plunder of Usenet is not.

-> 	I wanted to let you know to prevent invading anyone's privacy.
-> [...] If someone has a real need not to have their notes forwarded to 
-> GEnie, I will be happy to put a "filter" on to prevent it by request; [...]

I think this should be changed to ``only take articles from Usenet if a
person sends Dave his *approval*''.  Why should I have to trust Dave to remove 
my articles?  What if he misses one?  What if my mail can't get through?...

I also object most strenously to Dave limiting MY access to information by
scaring away Usenet posters who don't want the kind of publicity GEnie
offers.  Usenet is supported FREELY by a conglomeration of machines (each
company covering a bit of the expenses) and I object very, very much to
GEnie profiting from other sites' generousity.

-> 	It seems to me like a benefit for everyone involved, especially
-> if/when 2-waymail gets going.

A benefit for *everyone*?  It is only a benefit for *everyone on GEnie*.
Usenet people don't benefit *at all* from this one-way ``exchange'' of
information.

-> [...] other areas on GEnie are
-> expressing great interest in having a USENET uplink. Basically, folks, 
-> USENET is perceived as the place where the people who know what they're
-> doing post notes.

Does this mean that soon *all* Usenet groups are going to be appearing on
GEnie?  I hope we can stop this before it gets out of hand!

-> 	Why do it? Because a long time ago, on the CERL site on PLATO, a
-> person named Sherwin Gooch, ex-PLATO, ex-Atari, and now with Apple, 
-> introduced me to the hacker ethic and freedom of information exchange as
-> its primary goal. (No, not illegal exchange, you know what I mean). [...]

I don't call a one-way exchange ``freedom of information''.  I also don't 
call *free information* being uploaded to a *pay service* ``freedom''.
The hacker ethic is AGAINST the *sale* of information (as GEnie represents).  
If you want a TRUE example of the hacker ethic, then read a bit about 
Richard Stallman and the Free Software Foundation.  *They* represent the 
hacker ethic!

-> 	If anyone feels this is wrong, I'll be more than happy to listen and
-> if convinced, drop the link. [...]

Write Dave Small and voice your objections TODAY, before it's too late and
Usenet becomes GEnie (and you have to pay through the nose for what was
formerly free)!

-> 	Well, enough said. I hope this leads to good things -- GEnie users
-> getting good information on time, for instance.

It's obvious from this sentence who is benefiting from this ``exchange'' of
information -- GEnie and no one else.

The more Usenet becomes publicized, the greater the danger of someone in
political power becoming ``concerned''.  Perhaps concerned enough to pass
legislation like that currenly up for review in New York:  a sysop must
validate each and every *message* that is posted to his BBS and must also
guarantee privacy of the message and guarantee that the message NOT appear
on any other service.  

Is there anything (legal?) that we can do to stop this link?  In general,
are there any ``net rules'' for this type of thing?  Is GEnie in any danger
by uploading Usenet articles wholesale?
-- 
Diane Barlow Close
      {nosc, ucsd}!crash!canada
      canada@crash.cts.com
      Free Canada -- Trade Mulroney

msmiller@gonzoville.East.Sun.COM (Mark S. Miller) (12/21/89)

In article <946@crash.cts.com> canada@crash.cts.com (Diane Barlow Close) writes:
>
> [...]
>
>Is there anything (legal?) that we can do to stop this link?  In general,
>are there any ``net rules'' for this type of thing?  Is GEnie in any danger
>by uploading Usenet articles wholesale?

I'm not sure of the legalities involved, but the site from which GEnie
will tap UseNET certainly "owns" the data in their own spool area.
Heaven help them if their transfer procedure messed up and GEnie got
hold of some company-interal newgroups and broadcast such information
to their subscribers.

I can't see them uploading things blindly in vast quantities. Take it
from someone who has spent some significant time on GEnie - they
"filter" (*cough*) things quite a bit. Someone there will be checking
the UseNET articles for content and language. Alt.flame will never
have to worry about being uplinked - GEnie still fancies itself as a
"family" network when it comes to BBs.

The idea of them getting something from us (and the companies which
pay for UseNET with disk space and phone charges) for free, and then
charging for it sure doesn't seem proper. On the other hand, I can
think of a whole range of subversive things which UseNET folks could
do which could make the whole venture real inconvenient for GEnie.

        -MSM

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Mark S. Miller      UUCP: msmiller@Sun.COM      "In a nation ruled by swine,
##################  GEnie: MSMILLER             all pigs are upward mobile."
######################################################  - Hunter S. Thompson

tneff@bfmny0.UU.NET (Tom Neff) (12/21/89)

We could always rename comp.sys.atari.st to comp.sys.genie.sucks...

-- 
"My God, Thiokol, when do you      \\    Tom Neff
want me to launch?  Next April?"   \\    tneff@bfmny0.UU.NET

tim@brspyr1.BRS.Com (Tim Northrup) (12/21/89)

canada@crash.cts.com (Diane Barlow Close) writes:

>I object to this ONE WAY transfer of information.  Dave talks about the 
>*exchange* of information.  This is not an *exchange*, it is a one-way 
>transfer of Usenet information.

Dave also mentions 2-way Email!  I would call that an *exchange*.
I think the idea has merit -- this from a person who sometimes asks
questions.  If I have a problem that I would like solved, or a
question that I need answered, I would prefer as many people see it as
possible (preferably those that might be able to help).  I see this
as a means towards that end.

>I also object most strenously to Dave limiting MY access to information by
>scaring away Usenet posters who don't want the kind of publicity GEnie
>offers.  Usenet is supported FREELY by a conglomeration of machines (each
>company covering a bit of the expenses) and I object very, very much to
>GEnie profiting from other sites' generousity.

I don't quite understand this.  My view is that Dave is trying to help
the folks that have GEnie accounts, but no access to Usenet.  This is
as an aid to *those users*.  Yes, GEnie profits from the situation,
but the users who could use the information profit more in my opinion.
And what "kind of publicity" does GEnie offer that the Usenet doesn't?
I honestly don't understand this statement.  If you post to Usenet
the message travels around the globe to who-knows-where; is GEnie
any different in this regard???  I can't see this scaring away anyone
myself.  Could you explain?

>-> [...] other areas on GEnie are
>-> expressing great interest in having a USENET uplink. Basically, folks, 
>-> USENET is perceived as the place where the people who know what they're
>-> doing post notes.

>Does this mean that soon *all* Usenet groups are going to be appearing on
>GEnie?  I hope we can stop this before it gets out of hand!

I doubt it ... Dave is probably referring to the comp.sys newsgroups here.

>I don't call a one-way exchange ``freedom of information''.  I also don't 
>call *free information* being uploaded to a *pay service* ``freedom''.
>The hacker ethic is AGAINST the *sale* of information (as GEnie represents).  

I disagree; GEnie represents an economical medium for the transfer of
information.  They don't charge you based on the information you get
(other than for special services), only for your connect time.

>If you want a TRUE example of the hacker ethic, then read a bit about 
>Richard Stallman and the Free Software Foundation.  *They* represent the 
>hacker ethic!

But they charge you for the tape when you want a new copy of Emacs, do
they not?  So what's the real difference?  GEnie charges you for your
time on their modem, FSF charges you for their tape.  In both cases they
are charging you for the medium and the support costs, not the information
(unless you consider the other costs indirectly charging for the info,
in which case FSF, uunet, stargate and all the rest are doing the same
thing).

>Write Dave Small and voice your objections TODAY, before it's too late and
>Usenet becomes GEnie (and you have to pay through the nose for what was
>formerly free)!

A lot of people already pay through the nose!  How does your site get
the news feed now?  You must pay some kind of transport costs (phone
calls, modem charges, internet fees, disk space costs, whatever).

USENET IS NOT FREE!

>-> 	Well, enough said. I hope this leads to good things -- GEnie users
>-> getting good information on time, for instance.
>It's obvious from this sentence who is benefiting from this ``exchange'' of
>information -- GEnie and no one else.

You obviously are not a GEnie user, and have no feeling for them whatsoever.
They could benefit greatly from such feeds.

>The more Usenet becomes publicized, the greater the danger of someone in
>political power becoming ``concerned''.  Perhaps concerned enough to pass
>legislation like that currenly up for review in New York:  a sysop must
>validate each and every *message* that is posted to his BBS and must also
>guarantee privacy of the message and guarantee that the message NOT appear
>on any other service.  

Hmmmm ... I would think this would be more a concern for GEnie than for
the Usenet community.

>Is there anything (legal?) that we can do to stop this link?  In general,
>are there any ``net rules'' for this type of thing?  Is GEnie in any danger
>by uploading Usenet articles wholesale?

Wasn't a lot of these same issues covered a couple of years ago when
StarGate was starting up?  As I recall, not much could be done about it,
and nothing really was.

>-- 
>Diane Barlow Close

I have no vested interest in GE or GEnie other than as a very satisfied
customer.  Same goes for Dave and Gadgets by Small.
					-- Tim
-- 
Tim Northrup      		  +------------------------------------------+
+---------------------------------+         GEnie:  T.Northrup               |
UUCP: uunet!crdgw1!brspyr1!tim    |   Air Warrior:  "Duke"                   |
ARPA: tim@brspyr1.BRS.Com	  +------------------------------------------+

logajan@ns.network.com (John Logajan) (12/21/89)

In article <946@crash.cts.com> canada@crash.cts.com (Diane Barlow Close) writes:
>I object to this ONE WAY transfer of information.  Dave talks about the 
>*exchange* of information.  This is not an *exchange*, it is a one-way 
>transfer of Usenet information.  I object to the rape and plunder 
>(*for profit*) of Usenet!  A summary of Usenet, or perhaps ``this is the 
>latest from Usenet'' (1 or 2 articles follow), is acceptable. This wholesale 
>plunder of Usenet is not.

Your sense of moral outrage in this case seems to be unrelated to a
consistent view of reality.  When you post something on usenet, it is in
the public domain.  You cannot thereafter attempt to pick and choose
for whose eyes only it is destined.  Further, since you recieve no
remuneration in any case, I can scarcely see how you can claim that harm
is being done to you or to anyone else.

All I see is that a few more people get to read your gems of wisdom.  Since
there is no moral requirement for anyone else on usenet to "post" some
minimal amount of information, your demand for "two way" transfer is
patently arbitrary.

>I object very, very much to GEnie profiting from other sites' generousity.

Unless you can demonstrate some smidgen of harm (and a harm that specifically
is unique to GEnie access) there is no moral significance to your outrage.

I suspect your outrage is merely symbolic.  After all, the telephone line
companies, modem companies, computer manufacturers and software firms all
make money AT THE COST OF USENET SITES!!!  Yet I seriously doubt whether
you would find it in your moral code of ethics to condem them.  If so, then
your condemnation of ANYONE (even beyond the GEnie case) is contradictory
and arbitrary on its face.
 
>Does this mean that soon *all* Usenet groups are going to be appearing on
>GEnie?  I hope we can stop this before it gets out of hand!

In contrast to the lack of harm to you or anyone caused by GEnie access,
your suggestion to prohibit GEnie access DOES cause harm to potential
GEnie usenet readers.  You, as we say, are the aggressor in this case!

>Is there anything (legal?) that we can do to stop this link?

There may be something legal -- but it could never be moral --
since you are the aggressor and the GEnie user is the victim!

-- 
- John M. Logajan @ Network Systems;  7600 Boone Ave; Brooklyn Park, MN 55428 -
- logajan@ns.network.com, john@logajan.mn.org, Phn 612-424-4888, Fax 424-2853 -

jik@athena.mit.edu (Jonathan I. Kamens) (12/21/89)

In article <1989Dec21.000041.6034@ns.network.com> logajan@ns.network.com
(John Logajan) writes:
>In article <946@crash.cts.com> canada@crash.cts.com (Diane Barlow Close)
>writes:
>Your sense of moral outrage in this case seems to be unrelated to a
>consistent view of reality.  When you post something on usenet, it is in
>the public domain.  You cannot thereafter attempt to pick and choose
>for whose eyes only it is destined.  Further, since you recieve no
>remuneration in any case, I can scarcely see how you can claim that harm
>is being done to you or to anyone else.

  You're missing a few things.

  First of all, although there may not be any reason why GEnie cannot
legally put news on their system, that is not the objection; the
objection is that they are selling something that someone else put
work into creating, without giving anything in return.  I think it is
quite justifiable to be "morally outraged" by that.

  Second, all it takes to make it impossible for GEnie legally to post
one of your articles on their system is to put something to the effect
of, "This article is copyright 1989 by <your name here>.  You may
redistribute this article only if you do not charge a fee from the
people to whom you redistribute it."  If you don't want public-access
Unix sites to have to filter your articles, and GEnie reserves
redistribution rights on everything posted to it, then you can change
the second sentence to "You may redistribute this article only if the
people tho whom you redistribute it may do likewise."

  The point is that we DO have the legal ability to stop GEnie from
gatewaying our posts, if they are selling them, and if we find that
offensive.  Several people on the net that I have seen already use
copyright notices of this sort on their messages, although I don't do
it myself.

>All I see is that a few more people get to read your gems of wisdom.  Since
>there is no moral requirement for anyone else on usenet to "post" some
>minimal amount of information, your demand for "two way" transfer is
>patently arbitrary.

  No, it is not.  The demand is for something in return for what GEnie
is getting for nothing.  I see nothing arbitrary about that.

  Let's assume that the Atari ST newsgroup is filled with posts from
various Atari ST experts (I say "assume" not because I don't think
it's true, but because I don't read the newsgroup and therefore don't
know whether or not it's true.).  In that case, those experts are
voluntarily contributing information to the net, and GEnie is taking
that information and selling it.  I have a real problem with that, as
do other people on the net.

>I suspect your outrage is merely symbolic.  After all, the telephone line
>companies, modem companies, computer manufacturers and software firms all
>make money AT THE COST OF USENET SITES!!!  Yet I seriously doubt whether
>you would find it in your moral code of ethics to condem them.  If so, then
>your condemnation of ANYONE (even beyond the GEnie case) is contradictory
>and arbitrary on its face.

  This analogy is about a tenth of a gilly, I'd say; in other words,
it's pretty bogus.

  I think it would seem obvious to anyone with half a brain that
Usenet sites which use the phone lines, or which purchase modems, or
which purchase computers, or which purchase computer software, all GET
SOMETHING IN RETURN for their purchases.

  When you use the phone, or buy a modem, or buy a computer, or buy a
program, you USE it.  Furthermore, you voluntarily enter into an
agreement with them when you make the purhase, or use the phone.  How
can you condemn someone when you have purchased something from them
voluntarily and received (and taken advantage of) what you have
purchased?

  However, GEnie's gatewaying of news postings is NOT voluntarily on
the part of Usenet posters, and they have NOT received anything in
return.  The ONLY people profiting from the exchange are the GEnie
people reading the postings and the GEnie adminstrators raking in the
cash from the time they spend reading the postings.

>In contrast to the lack of harm to you or anyone caused by GEnie access,
>your suggestion to prohibit GEnie access DOES cause harm to potential
>GEnie usenet readers.  You, as we say, are the aggressor in this case!

  This is ridiculous.  It is not "aggresive" to not want other people
to make money off of work you have done without giving you anything in
return.  That's just common sense, and a sense of justice.

  Oh, and I hope you don't tell me, "Well, if you don't want GEnie to
make money off of your postings, then don't post!" because that ruins
the whole purpose of the Unsenet.

Jonathan Kamens			              USnail:
MIT Project Athena				11 Ashford Terrace
jik@Athena.MIT.EDU				Allston, MA  02134
Office: 617-253-8495			      Home: 617-782-0710

jik@athena.mit.edu (Jonathan I. Kamens) (12/21/89)

In article <6576@brspyr1.BRS.Com> tim@brspyr1.BRS.Com (Tim Northrup) writes:
>I disagree; GEnie represents an economical medium for the transfer of
>information.  They don't charge you based on the information you get
>(other than for special services), only for your connect time.

  It is irrelevant what the specific charges are for.  The fact is
that if people are reading the postings that are gatewayed to GEnie,
then GEnie is making money off of them, and GEnie got them for free
(except for transportation costs; by "free" I mean they didn't pay the
people who wrote them), and GEnie is not in any way giving the people
who wrote the original messages part of the profit they are making.

>But they [FSF] charge you for the tape when you want a new copy of Emacs, do
>they not?  So what's the real difference?  GEnie charges you for your
>time on their modem, FSF charges you for their tape.  In both cases they
>are charging you for the medium and the support costs, not the information
>(unless you consider the other costs indirectly charging for the info,
>in which case FSF, uunet, stargate and all the rest are doing the same
>thing).

  FSF charges to cover the cost of the tape and the cost of copying
it.  They do not charge to make a profit; that would be completely
against what they stand for.

  GEnie charges to make a profit.  Therefore, you just can't compare
GEnie to FSF.

>A lot of people already pay through the nose!  How does your site get
>the news feed now?  You must pay some kind of transport costs (phone
>calls, modem charges, internet fees, disk space costs, whatever).
>
>USENET IS NOT FREE!

  Yes, but as I have said in a previous posting, when you pay for the
phone, or the modem, or the Intenet, or the disks, you GET SOMETHING
BACK.

Jonathan Kamens			              USnail:
MIT Project Athena				11 Ashford Terrace
jik@Athena.MIT.EDU				Allston, MA  02134
Office: 617-253-8495			      Home: 617-782-0710

mark@lakesys.lakesys.com (Mark Storin) (12/21/89)

	The keywords say it all.  For the record I am against this.  Let
GEnie open the gate two ways and maybe I'll change my mind.


-- 
Mark A. Storin
Lake Systems, Milw., WI
mark@lakesys.lakesys.COM

henry@utzoo.uucp (Henry Spencer) (12/21/89)

In article <1989Dec21.024040.25157@athena.mit.edu> jik@athena.mit.edu (Jonathan I. Kamens) writes:
>In article <6576@brspyr1.BRS.Com> tim@brspyr1.BRS.Com (Tim Northrup) writes:
>  It is irrelevant what the specific charges are for.  The fact is
>that if people are reading the postings that are gatewayed to GEnie,
>then GEnie is making money off of them, and GEnie got them for free
>(except for transportation costs; by "free" I mean they didn't pay the
>people who wrote them), and GEnie is not in any way giving the people
>who wrote the original messages part of the profit they are making.

In case you haven't heard, there are already quite a number of sites
on the net that charge for connect time (some of which is spent reading
news).  For example, many university sites charge for connect time.
Nor is it all non-profit; there are a number of for-profit public-access
systems on the net.

Personally, so long as they don't pollute Usenet in some hideous way,
I couldn't care less if they charge money for what is available elsewhere
for free.  And speaking as one of Usenet's heaviest contributors, I know
for certain that some of my stuff is already gatewayed into paying nets,
and I don't care.  Nobody in his right mind is going to promise to pay
royalties to every Usenet poster.  The alternative to free gatewaying
is not paid gatewaying but no gatewaying.  While I would prefer paid
gatewaying to free gatewaying, I prefer free gatewaying to no gatewaying.
-- 
1972: Saturn V #15 flight-ready|     Henry Spencer at U of Toronto Zoology
1989: birds nesting in engines | uunet!attcan!utzoo!henry henry@zoo.toronto.edu

brad@looking.on.ca (Brad Templeton) (12/21/89)

We had this out a while ago.  While a two-way link is best(*), there is
a problem with it, namely the lack of any solid E-mail link.  I don't
think we want a large group of people posting to USENET without an
E-mail link.

E-mail is what keeps USENET civil.   Ok, not civil, but more civil than
it could be.  It is with e-mail that people are reminded of inappropriate
postings, and e-mail that answers most questions, thank god.  Without
it, you would get people regularly posting answers because they could
not e-mail the person they want.

Now I keep hearing rumours of a solid E-mail link, and I am pushing for
one, but it does not exist yet.  I have my own, but it's all through
my account, nobody else can use it.

I put some postings from GEnie out to rec.humor.funny, although there
have only been about 5 so far that I have taken.  (All you people
worried about how rich I have become from GEnie sysoping will be
thrilled to know that, while I can't reveal the exact numbers, my cheques
from GEnie have only two digits in them.  4 if you count the pennies.)

(*) Some people still complain about two-way links, but oddly enough they
haven't tried to force Portal, Well and the varous NIXPUB fee based BBS sites
off the net!  But if you accept a two way link, you have to admit that
before E-mail, a one way link is best.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

barmar@Think.COM (12/21/89)

In article <1989Dec21.024040.25157@athena.mit.edu> jik@athena.mit.edu (Jonathan I. Kamens) writes:
>  It is irrelevant what the specific charges are for.  The fact is
>that if people are reading the postings that are gatewayed to GEnie,
>then GEnie is making money off of them, and GEnie got them for free
>(except for transportation costs; by "free" I mean they didn't pay the
>people who wrote them), and GEnie is not in any way giving the people
>who wrote the original messages part of the profit they are making.

So you're saying that no computer system that charges users should have
access to netnews?  Many university computer centers charge for usage.
Many corporate computer centers also do.

You aren't paid when you write a letter to a newspaper, yet the newspaper
charges people to let them read it.  What's the difference?

GEnie is providing a service to its users by linking them to an information
source.  What's wrong with them charging for that service?  And it costs
them money to provide it; they have to pay for the disk space and the
telecommunications costs.

Most computer centers that provide Usenet are making a profit from it in
one way or another; why else would they do it?  The technical information
we receive in netnews has value.  The "rec" groups improve the morale or
the employees, which is reflected in productivity and the attractiveness of
the company as a place to work.  Profit is just very indirect sometimes.
Barry Margolin, Thinking Machines Corp.

barmar@think.com
{uunet,harvard}!think!barmar

brad@looking.on.ca (Brad Templeton) (12/21/89)

In article <1989Dec21.020140.24067@athena.mit.edu> jik@athena.mit.edu (Jonathan I. Kamens) writes:
>  Second, all it takes to make it impossible for GEnie legally to post
>one of your articles on their system is to put something to the effect
>of, "This article is copyright 1989 by <your name here>.  You may
>redistribute this article only if you do not charge a fee from the
>people to whom you redistribute it."  If you don't want public-access
>Unix sites to have to filter your articles, and GEnie reserves
>redistribution rights on everything posted to it, then you can change
>the second sentence to "You may redistribute this article only if the
>people tho whom you redistribute it may do likewise."

Actually, no.  The first clause would bar UUNET, and if you think
about it, also bars AT&T, which feeds some sites via its BTL arm, but
charges them for it through its long distance arm.

And people could pick the info up from GEnie and re-feed it if they want,
GEnie can't stop them, unless Dave does additional editing, and even then,
they can't stop YOUR message from being distributed, so the 2nd clause
means nothing.

And all these clauses mean nothing because once an automated link is
in place, you can't put stupid copyright messages on things that you
know will be violated by the link.  I have a feed to UUNET.  I put a
copyright message on my posting saying, "UUNET may not copy."  I then
command my computer, and UUNET's computer (because they allow me to, and
I know that) to copy it.  You think a judge wouldn't laugh at you?

If there are copyright messages in place before a link goes in, and
somebody puts in a link, *then* you have a case.  But if the link is
already in place, then *you* are the one commanding the remote computer
to copy your article, and you can't really violate your own copyright.

GEnie is yet another pay site to get USENET material.  Not the first,
not the last.  This was all gone over a year ago.  Most people like the
idea.  Can we pass this one over?
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

jmi@devsim.mdcbbs.com ((JM Ivler) MDC - Douglas Aircraft Co. Long Beach, CA.) (12/21/89)

In article <6576@brspyr1.BRS.Com>, tim@brspyr1.BRS.Com (Tim Northrup) writes:
> canada@crash.cts.com (Diane Barlow Close) writes:
> 
>>If you want a TRUE example of the hacker ethic, then read a bit about 
>>Richard Stallman and the Free Software Foundation.  *They* represent the 
>>hacker ethic!
> 
> But they charge you for the tape when you want a new copy of Emacs, do
> they not?  So what's the real difference?  GEnie charges you for your
> time on their modem, FSF charges you for their tape.  In both cases they
> are charging you for the medium and the support costs, not the information
> (unless you consider the other costs indirectly charging for the info,
> in which case FSF, uunet, stargate and all the rest are doing the same
> thing).
> 
>>Write Dave Small and voice your objections TODAY, before it's too late and
>>Usenet becomes GEnie (and you have to pay through the nose for what was
>>formerly free)!
> 
> A lot of people already pay through the nose!  How does your site get
> the news feed now?  You must pay some kind of transport costs (phone
> calls, modem charges, internet fees, disk space costs, whatever).
> 
> USENET IS NOT FREE!
> 

This is an interesting concept. If I were to start a service that allowed user 
to login and post information (gee, a bbs) and then also provided a feed from 
USENET (one way) to these users for them to read, *you* wouldn't have a 
problem. And if I charged them money for this service (and made a profit), you 
still wouldn't have a problem. 

Well that is a problem for me. USENET is based upon the free trensfer of 
information. *No one* is "profiting" from the resale of that information. Yes 
there are costs associated to it, but those are the costs of doing business, 
and no one person profits from those charges (telcos do, modem manufactures do, 
but on single entity does). What is being proposed is a profit making 
corporation wants to take what we freely exchange and use that to make a 
profit. That is morally wrong and not in line with the purpose of this network!

While there is no way to stop them from doing this to all postings, a method 
that has been seggested that would limit thier ability to do this by the 
inclusion of a specific copywrite notice as part of a posting. A possible line 
to be added to each posting would be:

    (c) Copyright 1989 (all rights reserved) by [your name here]
  This information can be distributed only if there is no financial gain made
  by the parties distributing this information from such distribution.

>>-> 	Well, enough said. I hope this leads to good things -- GEnie users
>>-> getting good information on time, for instance.
>>It's obvious from this sentence who is benefiting from this ``exchange'' of
>>information -- GEnie and no one else.
> 
> You obviously are not a GEnie user, and have no feeling for them whatsoever.
> They could benefit greatly from such feeds.
> 

So does the profit making GEnie. It is not that I do not care about the users 
of the service, it is blatently unfair for one to profit (and I must assume 
that GEnies goal is to make a profit) from what was intended to be shared 
freely. 

news@iti.org (Usenet ID) (12/21/89)

canada@crash.cts.com (Diane Barlow Close) writes:

>This message was posted by Dave Small to the atari newsgroup, and I have
>many objections and some questions I'd like to pose to the net (so as not
>to waste net $$ please direct all followups to news.misc or alt.flame):

I could care less if Genie cross-posts.  They're like uunet -- they
provide a convenience service.  Some folks will decide the pay service
is worth more than the 'cost' (in hassle) of getting it free.  More power
to 'em.

tneff@bfmny0.UU.NET (Tom Neff) (12/21/89)

Remember - when gateways are outlawed, only outlaws will have gateways!

-- 
"DO NOT, repeat, DO NOT blow the hatch!"  /)\   Tom Neff
"Roger....hatch blown!"                   \(/   tneff@bfmny0.UU.NET

hwt@.bnr.ca (Henry Troup) (12/21/89)

I don't have a problem with this.  USENET is a free anarchy, after all.
If someone (anyone) wants to archive the stuff we babble out and make it
available someplace, even for money, who cares ?

Think of it as a compliment to the signal/noise ratio.
--
Henry Troup - BNR owns but does not share my opinions
..utgpu!bnr-vpa!bnr-fos!hwt%bmerh490 or  HWT@BNR.CA

peter@ficc.uu.net (Peter da Silva) (12/21/89)

> When you post something on usenet, it is in the public domain.

Yeh, we know it isn't illegal. But it sure is impolite. I believe the
technical term is "evil and RUDE".
-- 
`-_-' Peter da Silva. +1 713 274 5180. <peter@ficc.uu.net>.
 'U`  Also <peter@ficc.lonestar.org> or <peter@sugar.lonestar.org>.
"It was just dumb luck that Unix managed to break through the Stupidity Barrier
and become popular in spite of its inherent elegance." -- gavin@krypton.sgi.com

tim@brspyr1.BRS.Com (Tim Northrup) (12/21/89)

jik@athena.mit.edu (Jonathan I. Kamens) writes:
|In another article logajan@ns.network.com (John Logajan) writes:
|>All I see is that a few more people get to read your gems of wisdom.  Since
|>there is no moral requirement for anyone else on usenet to "post" some
|>minimal amount of information, your demand for "two way" transfer is
|>patently arbitrary.
|
|  No, it is not.  The demand is for something in return for what GEnie
|is getting for nothing.  I see nothing arbitrary about that.
|
|  Let's assume that the Atari ST newsgroup is filled with posts from
|various Atari ST experts (I say "assume" not because I don't think
|it's true, but because I don't read the newsgroup and therefore don't
|know whether or not it's true.).  In that case, those experts are
|voluntarily contributing information to the net, and GEnie is taking
|that information and selling it.  I have a real problem with that, as
|do other people on the net.

Using the Atari folks is probably a bad example.  They have a very
active roundtable on GEnie, and answer questions every week at a
regular Round Table Conference.  Since all the "experts" already
appear on GEnie and voice their views there, and can't see how they
object to comments posted to Usenet being dumped into GEnie as well.

I still say that this link *can* represent a convenient way to diseminate
a large volume of information to people who don't have access to Usenet.
If you have a problem with GEnie doing it, then you could probably use
the same argument against UUNet.  Do you?  SOMEBODY is making money
over there (they do have employees that get paid), so whats the
difference?

>  I think it would seem obvious to anyone with half a brain that

(can we stick to the issues, not the size of peoples organs please!)

>  However, GEnie's gatewaying of news postings is NOT voluntarily on
>the part of Usenet posters, and they have NOT received anything in
>return.  The ONLY people profiting from the exchange are the GEnie
>people reading the postings and the GEnie adminstrators raking in the
>cash from the time they spend reading the postings.

I think it is voluntary -- I don't believe there is any charter which
states that "once you post to Usenet that message will stay exclusively
on Usenet".  The messages go wherever they go, and whoever recieves
them is going to do whatever he wants with them.  That is the nature
of this beast.

>Jonathan Kamens			              USnail:
>MIT Project Athena				11 Ashford Terrace
>jik@Athena.MIT.EDU				Allston, MA  02134

Just another two cents worth from ...
-- 
Tim Northrup      		  +------------------------------------------+
+---------------------------------+         GEnie:  T.Northrup               |
UUCP: uunet!crdgw1!brspyr1!tim    |   Air Warrior:  "Duke"                   |
ARPA: tim@brspyr1.BRS.Com	  +------------------------------------------+

hwt@.bnr.ca (Henry Troup) (12/21/89)

In article <1989Dec21.024040.25157@athena.mit.edu> jik@athena.mit.edu (Jonathan I. Kamens) writes:
>  It is irrelevant what the specific charges are for.  The fact is
>that if people are reading the postings that are gatewayed to GEnie,
>then GEnie is making money off of them, and GEnie got them for free
>(except for transportation costs; by "free" I mean they didn't pay the
>people who wrote them), and GEnie is not in any way giving the people
>who wrote the original messages part of the profit they are making.

I presume then that those sites in the 'nuxpub' list, Public Access Unix,
that charge for Usenet access meet with your disapproval ?

Come on, folks, this is silly.  Go flame in alt.flame - which doesn't 
reach this site.
--
Henry Troup - BNR owns but does not share my opinions
..utgpu!bnr-vpa!bnr-fos!hwt%bmerh490 or  HWT@BNR.CA

bob@MorningStar.Com (Bob Sutterfield) (12/21/89)

In article <946@crash.cts.com> canada@crash.cts.com (Diane Barlow Close) writes:
   In article <15097@well.UUCP> dsmall@well.UUCP (David Small) writes:
      It's time to announce that there is now a working uplink from
      USENET to GEnie... The link is one way... It seems to me like a
      benefit for everyone involved, especially if/when 2-way mail
      gets going.

   A benefit for *everyone*?  It is only a benefit for *everyone on
   GEnie*.  Usenet people don't benefit *at all* from this one-way
   ``exchange'' of information... It's obvious... who is benefiting
   from this ``exchange'' of information -- GEnie and no one else.

It sounds like the project isn't considered done yet, and there is
still work in progress.  The first stage works (Usenet->GEnie) so
David was politely telling the affected people about it.  Now they're
working on the second stage (GEnie->Usenet).  When the flow passes
both directions, they'll be just another big leaf node.

I won't object until it becomes apparent that GEnie doesn't plan to
implement or allow the outbound flow.  I'm slightly worried by David's
choice of "if/when" in describing the state of the 2-way project (you
meant news, not just mail, right?), but I'm willing to wait for
further explanation before shouting.

"Never ascribe to malice what can be adequately explained by
implementation delay."

"Connectivity is good."

blu@millipore.uucp (Brian Utterback) (12/22/89)

Newsgroups: news.misc
Subject: Re: The Rape of Usenet
Summary: 
Expires: 
References: <946@crash.cts.com> <1288@east.East.Sun.COM>
Sender: 
Reply-To: blu@millipore.UUCP (Brian Utterback)
Followup-To: 
Distribution: 
Organization: Millipore Corporation
Keywords: The wholesale capturing of Usenet by GEnie

Well, friends, it seems to me that there really isn't a problem here.  I have
no objection to GEnie charging for access to their machines which happen to 
carry USENET postings.  Do they charge a premium for accessing different 
databases? Is this kind of thing even new? Correct me if I am wrong, but doesn't
the Well carry usenet postings and charge for connect time?  And I don't 
believe that these two cases are isolated.  I bet a lot of the machines with 
usenet access have some kind of charge for usage.  Granted these cases are with
two-way exchange; is this really the key factor? If these services did not allow
posting, would you object to them as well? Or do you object to them but just 
hadn't thought about it?

As far as making a profit on these postings, it seems that that is their right.
I am not a Lawyer (I don`t even play one on tv. I did PAY one with a TV once, 
but that is a differnet story 8-) but it seems to me that usenet postings are
in the public domain unless otherwise specified (i.e. copyrighted). While it
may bother you, any thing in the public domain is available for sale as well
as free distribution.  Those people who post source code and say something 
like "this is in the public domain, just leave my name on it" are screwed.
I can take their name off, put my name on, sell it, and even copyright it.
The new version is now copyrighted, but of course you can still copy the 
original public domain version freely.
So, GEnie has a perfect right to upload without doing anything in return.

The above argument suggests a possible way to fight back.  All you would have to
do is copyright your articles, as a number of people already do.  Then in 
beginning of your article just explicitly forbid copying to GEnie.  I don't 
know the ramifications of this. If you excluded only them that might be 
restraint of trade.  If you exclude all pay services the turmoil may not be 
worth it.  Me, I think I'll just go one as I have.



 
-- 
Brian Utterback, Millipore Corporation, 75G Wiggins Ave., Bedford Ma. 01730
UUCP:: uunet!merk!millipore!blu Work:617-275-9200x8245, Home:603-891-2536

mshappe@HEIGHTS.CIT.CORNELL.EDU (Mike Shappe) (12/22/89)

I'm sorry, but I think I'm misunderstanding something here.
It was always my impression that the concept of networks like USENET was
the wholesale, unadulterated spreading of information as far as the
telephone-and-Internet links will carry it; to shrink the world by
expanding access to information and ideas, and to share ideas between
various people of extremely diverse backgrounds.
So, tell me, how does gatewaying to GENie or any other charging system
violate the purpose of USENET?

'Nuff said

--
Mike Shappe (Uncle Mikey)
Cornell Information Technologies Workstation Resources
mshappe@heights.cit.cornell.edu
mshappe@vax1.cit.cornell.edu
ut6y@cornella.bitnet

wagner@utoday.UUCP (wagner) (12/22/89)

In article <1989Dec21.000041.6034@ns.network.com> logajan@ns.network.com (John Logajan) writes:
>In article <946@crash.cts.com> canada@crash.cts.com (Diane Barlow Close) writes:
>>I object to this ONE WAY transfer of information.  Dave talks about the 
>>*exchange* of information.  This is not an *exchange*, it is a one-way 
>>transfer of Usenet information.  I object to the rape and plunder 
>>(*for profit*) of Usenet!  A summary of Usenet, or perhaps ``this is the 
>>latest from Usenet'' (1 or 2 articles follow), is acceptable. This wholesale 
>>plunder of Usenet is not.
>
>Your sense of moral outrage in this case seems to be unrelated to a
>consistent view of reality.  When you post something on usenet, it is in
>the public domain.  You cannot thereafter attempt to pick and choose
>for whose eyes only it is destined.  Further, since you recieve no
>remuneration in any case, I can scarcely see how you can claim that harm
>is being done to you or to anyone else.
>
>
>Unless you can demonstrate some smidgen of harm (and a harm that specifically
>is unique to GEnie access) there is no moral significance to your outrage.
>
>
>In contrast to the lack of harm to you or anyone caused by GEnie access,
>your suggestion to prohibit GEnie access DOES cause harm to potential
>GEnie usenet readers.  You, as we say, are the aggressor in this case!
>
>>Is there anything (legal?) that we can do to stop this link?
>
>There may be something legal -- but it could never be moral --
>since you are the aggressor and the GEnie user is the victim!

No, I don't like the idea of anybody charging for access to Usenet, either.
I'll tell you why:

I am a professional writer. I get paid for what I write. I write mainly for
a trade journal. Sometimes, I send out freelance articles to other publications.

When I post to usenet (and usually I post to the soc. or alt. newsgroups), I 
am voluntarily choosing to give away my wares. I don't like the idea of 
someone taking what I've given away, and selling it, and -- though this is 
just a secondary point -- not giving me a dime. If I wanted people to have
to pay for what I wrote, I would recast it in some publishable form, and send
it out to an editor, who would then (if he liked it), charge people to 
read it and give me a cut of the money.

Similar arguments could be made for other netters, I'm sure. The people who 
post to comp groups, for instance, are largely people who are paid for their
computer knowledge. When they post to the net, they are choosing to give their
wares away. If Joe Smith posts to newsgroups saying, "I am having such-and-such
a problem with my CompuBelch 800, can anybody help," and Jane Jones, consultant,
reads it and knows the answer, she has two options if she wants to help:
(a) She can sit down and write a letter saying, "Hi, I'm Jane Jones, consultant,
and I know how to solve your problem, and if you send me $100 I'll tell you 
what the answer is." Nothing wrong with that. That's how Jane earns her 
living---by solving other people's computer problems for them. Or, (b) she
can just sit down and bang out a response, and post it or e-mail it, with
no thought of monetary compensation.

Now, let's say Mr. Smith missed Jane's posting and some third guy comes along
and says, "I'll solve your problem for you Mr. Smith," and takes Jane's
posting and charges Mr. Smith $100 to read it. How's Jane going to feel?
Ripped off. She's going to think, "If I wanted Smith to have to pay for this,
I'd'a charged him for it myself." 

Another analogy: Let's say you give someone a cheap bureau for his bedroom. 
Happens all the time, right, kid goes out and gets his first apartment, the
relatives look 'round at what junky furniture is sitting in the basement, 
and pass it along. I've got a perfectly nice coffee table and nightstand
that way.

Now, let's say that the recipient of the cheap bureau looks at it and sees
that it is, in fact, a valuable antique. So, the day after you give it to 
him, he turns around and sells it for $10,000, and doesn't give you a dime.
How you gonna feel? Ripped off, right.

Now, I know there are some who would say that the recipient of that bureau
legally and morally owned it as soon as the gift changed hands, and I suppose
they may be right on a theoretical level, but I'm sure that ANYONE would 
feel ripped off if they were in the situation of the giver of the bureau.

Enough analogizing. The point I'm trying to make is this: Many of the 
people who post to the net, and the corporations which own the computers
which carry net messages, are choosing to give away that which they could,
in other circumstances, be selling. I'm sure that few or none of these 
people like the idea of having their gifts abused.


Mitch
wagner@utoday.UUCP

jik@athena.mit.edu (Jonathan I. Kamens) (12/22/89)

In article <32387@news.Think.COM> barmar@Think.COM writes:
>So you're saying that no computer system that charges users should have
>access to netnews?  Many university computer centers charge for usage.
>Many corporate computer centers also do.

  No, I'm saying that no computer system that makes a profit off of
netnews without giving netnews anything in return should have access
to netnews.

  If GEnie were gatewaying in the other direction, or if GEnie charged
only to cover the costs of transporting the news to the user's
computer, I would have no objection.  As it is, they are not
gatewaying or in any way giving back to USEnet for what they are
getting from it, and they are making a nice profit off of the time
people spend reading the postings they've ported to GEnie.

>You aren't paid when you write a letter to a newspaper, yet the newspaper
>charges people to let them read it.  What's the difference?

  Here's a milli-gilly of an analogy.  The difference, which I would
think would be quite obvious, is that when you write a letter to a
newspaper, you KNOW that they might print it, and you KNOW that they
are going to charge people to read it.  You write the letter
voluntarily.

  If I post a message to the artari.st newsgroup, and it gets
gatewayed to GEnie without my knowledge or consent, and they make
money off of it, and I don't get anything in return, that's just plain
wrong.

>GEnie is providing a service to its users by linking them to an information
>source.  What's wrong with them charging for that service?  And it costs
>them money to provide it; they have to pay for the disk space and the
>telecommunications costs.

  There's nothing wrong with GEnie charging for the services they
provide.  My objection is to their providing USEnet access without
giving USEnet anything in return.

>Most computer centers that provide Usenet are making a profit from it in
>one way or another; why else would they do it?  The technical information
>we receive in netnews has value.  The "rec" groups improve the morale or
>the employees, which is reflected in productivity and the attractiveness of
>the company as a place to work.  Profit is just very indirect sometimes.

  First of all, the computer centers that provide Usenet also (in most
cases) allow their users to post messages back to Usenet.  Therefore,
both sides are "profiting".

  Second, your I consider your attempt to convince me that "profit"
and "benefit" are equivalent and can be discussed without making any
distinctions between them to be ridiculous.

  Yes, Project Athena "profits" from having news here (and no, we
don't charge for it), and yes, we do allow anyone who can read news to
post it as well.

  Yes, Portal does charge their users money to read News.  However,
they also allow their users to post in the other direction.  There are
some people who find even this level of charging for Usenet access
objectionably (although I am not one of them), and therefore include
copyrights with there articles to attempt to stop Portal from
redistributing.  That's another issue entirely.

  GEnie profits from News and doesn't give ANYTHING back to the people
who wrote the Nws from which they are profiting.  It is this to which
I, and other people, object.

Jonathan Kamens			              USnail:
MIT Project Athena				11 Ashford Terrace
jik@Athena.MIT.EDU				Allston, MA  02134
Office: 617-253-8495			      Home: 617-782-0710

jik@athena.mit.edu (Jonathan I. Kamens) (12/22/89)

In article <1989Dec21.045834.6375@utzoo.uucp> henry@utzoo.uucp (Henry
Spencer) writes:
>In case you haven't heard, there are already quite a number of sites
>on the net that charge for connect time (some of which is spent reading
>news).  For example, many university sites charge for connect time.
>Nor is it all non-profit; there are a number of for-profit public-access
>systems on the net.

  Do me a favor, Henry, and don't patronize me.  I've been around the
net long enough to know that there are pay sites on it.

  The original posting about this whole issue objected to the fact
that there is no reverse gatewaying from GEnie to Usenet, and
therefore GEnie is gething something from the Usenet without giving
anything back.  Every posting of mine since then has stressed that as
the main reason for my ojection to what GEnie is doing.

  I therefore fail to understand why people can be so blind as to
ignore that aspect of my arguments, and repeatedly tell me how wrong I
must be since there are already sites that charge for news.

Jonathan Kamens			              USnail:
MIT Project Athena				11 Ashford Terrace
jik@Athena.MIT.EDU				Allston, MA  02134
Office: 617-253-8495			      Home: 617-782-0710

P.S. Even if there are already sites that charge for people to read
     news and don't allow them to post news, that doesn't make it
     right.  That just makes it the status quo.

blm@6sceng.UUCP (Brian Matthews) (12/22/89)

In article <1989Dec21.045834.6375@utzoo.uucp> henry@utzoo.uucp (Henry Spencer) writes:
|In case you haven't heard, there are already quite a number of sites
|on the net that charge for connect time (some of which is spent reading
|news).  For example, many university sites charge for connect time.
|Nor is it all non-profit; there are a number of for-profit public-access
|systems on the net.

However, as far as I know, all of the sites that charge for connect time
or are public access sites allow a two way flow of news.  Subscribers
read news collected from Usenet, and can also contribute news back to
Usenet.  This doesn't appear to be the case with the GEnie gateway.

|Nobody in his right mind is going to promise to pay
|royalties to every Usenet poster.

But you do get paid royalties - not in dollars (or yen or pounds or
whatever), but in followup articles, followup email, and new articles
from the people who read your articles.  This won't be available
from GEnie, and that's why I object to the unidirectional gateway.
Make it bidirectional and I have no problems with it.
-- 
Brian L. Matthews	blm@6sceng.UUCP

pleasant@porthos.rutgers.edu (Mel Pleasant) (12/22/89)

In general, I don't believe in sending `me too' messages but I think this case
is important enough that `me toos' may actually matter.

To this end, I have to say that I support Karl's stand on the matter.
Essentially, I don't care that GEnie might make a buck or two off of usenet
postings.  What I detest is that the link is not bidirectional.  We on the
Usenet are not able to receive the same benefits from the link that the folks
on GEnie are able to receive from us. Statements in Tim Northrup's own posting
<6577@brspyr1.BRS.Com> suggest this, to wit:

    "Since all the `experts' already appear on GEnie and voice their views
    there, and [sic] can't see how they object to comments posted to Usenet
    being dumped into GEnie as well."

and:

    "I still say that this link *can* represent a convenient way to diseminate
    a large volume of information to people who don't have access to Usenet."

In both cases, information flowing into GEnie may be of great benefit to that
audience.  It would be great, particularly considering the first statement, if
information would flow in the other direction as well.

So again, this is not a complaint about the possible profit that GEnie may make
from Usenet postings.  It's a call for a bidirectional link which will benefit
us all on both sides of the fence.  And in the general case, its a plea for
holding out on any new links until those representing the other end of the link
recognize the benefits of a bidirectional news/mail link and are willing to
co-operate to bring such a link to fruition.
-- 

                                  Mel Pleasant
 {backbone}!rutgers!pleasant   pleasant@rutgers.edu     mpleasant@zodiac.bitnet

oplinger@jupiter.crd.ge.com (B. S. Oplinger) (12/22/89)

I must say I don't agree. As a 'typical' :) member of the Atari
community, I did not have access to Usenet until I took my
current job six months ago. However, I did have access to Genie
and Compuserve, all I needed was a modem and a desire to watch my
bank account dwindle :). I would have loved to have useful and
intellegent articles but often there weren't any. Yes it is a way
for Genie to make a profit, but so what? Unless someone is
willing to post a summary to Genie, I'd rather provide those less
fortunate ;) than us, who don't have Usenet access, all of the
postings instead of none of the posting.

chuq@Apple.COM (Chuq Von Rospach) (12/22/89)

oplinger@jupiter.crd.ge.com (B. S. Oplinger) writes:

> I did not have access to Usenet until I took my
>current job six months ago. However, I did have access to Genie
>and Compuserve
>I would have loved to have useful and
>intellegent articles but often there weren't any.

What makes you think adding USENET postings will change that?

-- 

Chuq Von Rospach   <+>   chuq@apple.com   <+>   [This is myself speaking]

For herein may be seen noble chivalry, courtesy, humanity, friendliness,
cowardice, murder, hate, virtue and sin. Do after the good and leave the
evil, and it shall bring you to good fame and renown. -- Malory

chuq@Apple.COM (Chuq Von Rospach) (12/22/89)

chuq@Apple.COM (Chuq Von Rospach) writes:

>What makes you think adding USENET postings will change that?

Oh, before people start mailing me and telling my I forgot to add the smiley
faces to remind people I was joking, let me point out that I know I forgot
to add them. The only question (left as an exercise to the reader) is why.

Happy Holidays, although it seems to be against USENET policy to wish
someone well instead of ill these days...

-- 

Chuq Von Rospach   <+>   chuq@apple.com   <+>   [This is myself speaking]

For herein may be seen noble chivalry, courtesy, humanity, friendliness,
cowardice, murder, hate, virtue and sin. Do after the good and leave the
evil, and it shall bring you to good fame and renown. -- Malory

bzs@world.std.com (Barry Shein) (12/22/89)

All I can say is that it's mind-boggling to me that someone from a
university is griping about people selling information. Astounding!

Has MIT stopped charging tuition? Are they giving free usenet access
to anyone who asks? Have they started doing their research for free?

This has to be humor.

I can see a gripe with genie's specific policies, but what about The
World (us), The Well, Portal, UUNET, etc. Are you arguing that they
should all cease to exist immediately? Are they selling *information*
or are they selling access to their equipment? What's your real gripe?

That they're not spending good, honest DOD research money and tuition
dollars on their usenet access like MIT does?

The hypocrisy inherent in some of your statements is truly awesome.

You should meditate a little on what your gripes really are, I don't
think it's some inherent immorality of taking money from someone so
they can have the means of access to information. It might be their
editorial policies etc, which might be justifiable.

But someone at a university complaining that someone else is selling
information? What's the problem? Trying to kill the competition?

I think when you or I put something out on the net we do it because it
might benefit someone (educational, informative, entertaining,
whatever) no matter how they manage to get access to it. Just like
when we publish an article in more conventional media, it's out there,
it's gone. Who cares really? Why?

Have you thought about all this even for one minute? I doubt it, it
sure doesn't show.
-- 
        -Barry Shein

Software Tool & Die, Purveyors to the Trade         | bzs@world.std.com
1330 Beacon St, Brookline, MA 02146, (617) 739-0202 | {xylogics,uunet}world!bzs

bzs@world.std.com (Barry Shein) (12/22/89)

From: jik@athena.mit.edu (Jonathan I. Kamens)
>  It is irrelevant what the specific charges are for.  The fact is
>that if people are reading the postings that are gatewayed to GEnie,
>then GEnie is making money off of them, and GEnie got them for free
>(except for transportation costs; by "free" I mean they didn't pay the
>people who wrote them), and GEnie is not in any way giving the people
>who wrote the original messages part of the profit they are making.

I strongly suggest MIT close their libraries immediately.

I'd bet at least a few things I've written are in there and I've never
seen one nickel of the tuition or research money they've been charging
for access to my stuff, or anyone else's for that matter. In fact,
they won't even let me read *my own stuff* in their libraries unless I
pay them money! Amazing, right? Wrong.

In fact, I can't read *this* message on their machines because I am
not paying tuition there or doing work for them to earn access!

Face it, your position is utterly bankrupt. Give it up.
-- 
        -Barry Shein

Software Tool & Die, Purveyors to the Trade         | bzs@world.std.com
1330 Beacon St, Brookline, MA 02146, (617) 739-0202 | {xylogics,uunet}world!bzs

bzs@world.std.com (Barry Shein) (12/22/89)

And furthermore...

From: jik@athena.mit.edu (Jonathan I. Kamens)
>  FSF charges to cover the cost of the tape and the cost of copying
>it.  They do not charge to make a profit; that would be completely
>against what they stand for.
>
>  GEnie charges to make a profit.  Therefore, you just can't compare
>GEnie to FSF.

I'm sorry, but is this a tax law argument? What do you mean by
"profit"? When does a dollar taken in suddenly become "profit"?

For example, MIT averages about $400M/year in DOD research funds
alone. But not one nickel of that is considered "profit". Why? Because
the federal tax codes say so, and they couldn't be wrong. Genie could
be losing money like a sieve loses water, but they're "for-profit".
Why? Because the federal tax codes say so.

The IRS defines "profit" to be that amount of your revenue which is
left over after expenses are paid and (after taxes) redistributed to
your investors. Now, I can sell something very cheaply and be a
for-profit corp while someone else can sell something very expensively
and be a not-for-profit corp.

For example, K-mart usually sells appliances at a minimal markup, but
they're for-profit. MIT charges among the highest tuitions in the
world, but they're not-for-profit. Got it?

It all has to do with how you distribute your (potentially) excess
cash. A for-profit returns it to the investors. A not-for-profit
doesn't. There are some other differences (such as the maximum amount
of cash you can have on hand), but they're not germaine and trivial to
get around by the not-for-profits.

A not-for-profit might, oh, pay their provosts and VP's $200+K/year,
buy up real-estate in Cambridge and displace working people or
purchase a $10M super-computer or even invest in a, oh, what the heck,
lisp machine company (I have no one in particular in mind, just an
example I made up.) But it's not !PROFIT!, ask any tax lawyer. They
don't have shareholders. I realize it's subtle, you have to understand
the tax laws jik is alluding to.

>  Yes, but as I have said in a previous posting, when you pay for the
>phone, or the modem, or the Intenet, or the disks, you GET SOMETHING
>BACK.

Oh, I get it, you mean you PROFIT from it.
-- 
        -Barry Shein

Software Tool & Die, Purveyors to the Trade         | bzs@world.std.com
1330 Beacon St, Brookline, MA 02146, (617) 739-0202 | {xylogics,uunet}world!bzs

" Maynard) (12/22/89)

In article <946@crash.cts.com> canada@crash.cts.com (Diane Barlow Close)
writes a tirade about someone uploading comp.sys.atari en masse to
GEnie. I have no real opinion on that subject, other than to hope that
GEnie is gatewayed bidirectionally, but I must take issue with the
following statement:

>If you want a TRUE example of the hacker ethic, then read a bit about 
>Richard Stallman and the Free Software Foundation.  *They* represent the 
>hacker ethic!

Uhm, not exactly.  There's been a debate raging in
alt.religion.computers about this very subject.  The GNU Public License,
or, more properly, GNU Public Virus, is anti-hacker: it attempts to
coerce everyone else into RMS's idea of paradise.  Some of us don't
subscribe to that idea.  Instead, I feel that Geoff Collyer and Henry
Spencer are much closer to the hacker ethic in the license for C news:
here it is, use it freely; just don't try to blame us for your
screwed-up version of it. 

-- 
Jay Maynard, EMT-P, K5ZC, PP-ASEL   | Never ascribe to malice that which can
jay@splut.conmicro.com       (eieio)| adequately be explained by stupidity.
{attctc,bellcore}!texbell!splut!jay +----------------------------------------
     Here come Democrats...here come Democrats...throwing money a-way...

jik@athena.mit.edu (Jonathan I. Kamens) (12/22/89)

In article <6577@brspyr1.BRS.Com> tim@brspyr1.BRS.Com (Tim Northrup) writes:
>I still say that this link *can* represent a convenient way to diseminate
>a large volume of information to people who don't have access to Usenet.
>If you have a problem with GEnie doing it, then you could probably use
>the same argument against UUNet.  Do you?  SOMEBODY is making money
>over there (they do have employees that get paid), so whats the
>difference?

  Have you ignored everything I've said.

  UUnet allows people to whom they sell news to post news back through
them.  There is a TWO-WAY exchange of information.  The Usenet
benefits from what UUnet does, because UUnet's clients have the
ability to post news.

  I DO NOT OBJECT to GEnie's charging for Usenet access.  I object to
their doing so without giving the Usenet anything in return, because
the Gateway is one way.

  A two-way gateway means that the system supplying the gateway is
supplying a *service*.  A one-way gateway means that the system
supplying the gateway is *selling a product*.  I do not object to the
former, I object to the latter.

>>  I think it would seem obvious to anyone with half a brain that
>
>(can we stick to the issues, not the size of peoples organs please!)

  Yes, you're right.  Sorry.

>I think it is voluntary -- I don't believe there is any charter which
>states that "once you post to Usenet that message will stay exclusively
>on Usenet".  The messages go wherever they go, and whoever recieves
>them is going to do whatever he wants with them.  That is the nature
>of this beast.

  As I have pointed out in a previous posting, "status quo" does not
equal "the right thing."

  There is no "Usenet charter", or at least not one I have seen.
However, I simply do not believe that the purpose of Usenet is to give
GEnie something to sell to its users.

Jonathan Kamens			              USnail:
MIT Project Athena				11 Ashford Terrace
jik@Athena.MIT.EDU				Allston, MA  02134
Office: 617-253-8495			      Home: 617-782-0710

magik@sorinc.PacBell.COM (Darrin A. Hyrup) (12/22/89)

In article <1989Dec21.020140.24067@athena.mit.edu> jik@athena.mit.edu (Jonathan I. Kamens) writes:
>[...]
>  You're missing a few things.

I think you are as well, as I will point out below.

>  First of all, although there may not be any reason why GEnie cannot
>legally put news on their system, that is not the objection; the
>objection is that they are selling something that someone else put
>work into creating, without giving anything in return.  I think it is
>quite justifiable to be "morally outraged" by that.

What does Usenet give you for your postings? What do folks who have to pay
UUNET or pay a local news site get for posting to the net? This is a
"global network" in that anyone anywhere can join in and carry on
intelligent discussions relating to various topics, irregardless of where
they live, or work, or what they do. Much like GEnie. Of course GEnie
doesn't currently have a real feed to Usenet, if they were to get one, the
fact that GEnie charges $5 or $6 per hour for a person to access the
network and engage in this exchange (yes *exchange* it does go both ways)
of information is of no consequence. There are thousands of Usenet sites
out there, and of those who do allow public access (most are private), many
charge for access to the same information that GEnie would be offering for
a fee as well. The person using the network either from a pay-to-use
system, a pay-to-use BBS with a gateway to usenet, or a commercial service
with usenet access doesn't get any more or any less information, nor do
they get any less in return for their money in any of those cases. If you
have free access to a Usenet site, then fine, but there are many, many
people out there who do not. Unless you are willing to offer a 1-800 number
access for worldwide, free, and unlimited access to usenet, then there is
no reason to be morally outraged by any of this.

There is no real reason why a site should not collect a little money from
people who are getting a service from them. There is a great deal of outlay
on equipment, as well as bills and upkeep costs. If the site chooses to
foot the whole bill, then that is fine, but there are those who feel that
they are offering a service to a community that has a demand, and if
keeping up the system and the making it available was free, then free
access would be much better justified. Alas, nothing in this world is free
so do not condemn those who at least offer the availability of the service
rather than keep it private (as most do).

Say you were to write a "Letter to the Editor" for your local newspaper,
and it was published, would you feel morally outraged at it? The newspaper
has no intention of paying you for that submission, and it does plan to
make a profit on the sales of that issue of the newspaper, and they must
also think that their subscribers would pay to read your article. They are
doing exactly the same thing as you condemn in your statements above, yet
are they so evil?

>  Second, all it takes to make it impossible for GEnie legally to post
>one of your articles on their system is to put something to the effect
>of, "This article is copyright 1989 by <your name here>.  You may
>redistribute this article only if you do not charge a fee from the
>people to whom you redistribute it."  If you don't want public-access
>Unix sites to have to filter your articles, and GEnie reserves
>redistribution rights on everything posted to it, then you can change
>the second sentence to "You may redistribute this article only if the
>people tho whom you redistribute it may do likewise."

That would exclude 90% (or more) of the usenet community from ever seeing
your messages. For example, if you are a student at a University that has a
usenet feed, that University would be in violation of your statement by
giving you access to the message. The University charges you a fee by your
tuition which is a clear violation. In addition, look at the big backbone
sites like UUNET. They charge those who subscribe to their system for news
and mail feeds. There are plenty of the pay-for-feeds type of groups out
there like UUNET which would also be clear violations as well. Of course,
there are also "public-access" (which is a fairly misleading term) sites
out there which charge their users for access to their system, and its
information, which usually means usenet and mail. That doesn't include the
various fido and BBS sites out there with usenet gateways, and such. Do you
wish to exclude all these groups and various members of the usenet
community from access to the net?

>  The point is that we DO have the legal ability to stop GEnie from
>gatewaying our posts, if they are selling them, and if we find that
>offensive.  Several people on the net that I have seen already use
>copyright notices of this sort on their messages, although I don't do
>it myself.

Technically no. The copyright laws clearly state that if you release your
copyrighted material into the public domain, it is no longer copyrighted
and can be transferred in any way the recievers see fit. Btw, under the
Berne Convention (of which the USA is now a member), you do not have to put
a "Copyright (c) 1989", in your original works to have a copyright, but you
give up any such rights by putting your works into the public domain. Since
the very nature of Usenet dictates that any works that are entered into the
net are in the public domain, you would have a hell of a time trying to
prove misuse of your information in any court if you tried to sue for
violation of your copyright. In any case, if you didn't attempt to sue all
infractors, you could loose any chances of winning any settlement, and that
would be a very costly endeavor! (Especially against something with the raw
legal power of General Electric behind it!)

>>All I see is that a few more people get to read your gems of wisdom.  Since
>>there is no moral requirement for anyone else on usenet to "post" some
>>minimal amount of information, your demand for "two way" transfer is
>>patently arbitrary.
>
>  No, it is not.  The demand is for something in return for what GEnie
>is getting for nothing.  I see nothing arbitrary about that.

That statement doesn't hold up under fire. GEnie does indeed pay for what
it offers to its users. That aside, what if GEnie were to get a feed from
UUNET? Then it would be paying specifically for its usenet information, in
addition to paying for hardware costs, media costs, communications and
network costs, phone costs, ad nauseum. Would that make you happy?

As I mentioned before, many sites out there charge users for information
that they recieve for free. Look at the pay-to-play BBS's out there, as
well as the public-access UNIX sites I mentioned above that charge for
access. That doesn't even touch on the Universities. The subject is not
quite so cut and dried as you seem to think.

>  Let's assume that the Atari ST newsgroup is filled with posts from
>various Atari ST experts (I say "assume" not because I don't think
>it's true, but because I don't read the newsgroup and therefore don't
>know whether or not it's true.).  In that case, those experts are
>voluntarily contributing information to the net, and GEnie is taking
>that information and selling it.  I have a real problem with that, as
>do other people on the net.

They do the same thing right now. What about the experts that may be on
GEnie but have no access to usenet? Do you feel that you have the power to
deprive people in the usenet community from information that the "expert"
may have to offer them? The axe cuts both ways! There is no way to justify
your statements on the "selling" of information. I know I don't need to
mention again how many of the people out there DO indeed pay to use the
net.

>>I suspect your outrage is merely symbolic.  After all, the telephone line
>>companies, modem companies, computer manufacturers and software firms all
>>make money AT THE COST OF USENET SITES!!!  Yet I seriously doubt whether
>>you would find it in your moral code of ethics to condem them.  If so, then
>>your condemnation of ANYONE (even beyond the GEnie case) is contradictory
>>and arbitrary on its face.
>
>  This analogy is about a tenth of a gilly, I'd say; in other words,
>it's pretty bogus.

I agree, thats not what you were talking about and it was a poor stand
against your argument, but of course, you cannot condemn any site (say
GEnie, if it was to be one), for offering usenet on a charge basis without
condemning all the sites, and excluding the majority of the usenet
community!

>  I think it would seem obvious to anyone with half a brain that
>Usenet sites which use the phone lines, or which purchase modems, or
>which purchase computers, or which purchase computer software, all GET
>SOMETHING IN RETURN for their purchases.

I agree here. But this is a moot point, this tangent gives very little
actual substance to the arguments at hand.

>  However, GEnie's gatewaying of news postings is NOT voluntarily on
>the part of Usenet posters, and they have NOT received anything in
>return.  The ONLY people profiting from the exchange are the GEnie
>people reading the postings and the GEnie adminstrators raking in the
>cash from the time they spend reading the postings.

Again, GEnie would not be alone in this regard.

>>In contrast to the lack of harm to you or anyone caused by GEnie access,
>>your suggestion to prohibit GEnie access DOES cause harm to potential
>>GEnie usenet readers.  You, as we say, are the aggressor in this case!
>
>  This is ridiculous.  It is not "aggresive" to not want other people
>to make money off of work you have done without giving you anything in
>return.  That's just common sense, and a sense of justice.

You are off base on this one. Unless you choose to believe that GEnie is
the only company in the world that makes money off people accessing the
net; which is completely out of the question, as I have proven above. I
can't see how you can stand by that argument.

>  Oh, and I hope you don't tell me, "Well, if you don't want GEnie to
>make money off of your postings, then don't post!" because that ruins
>the whole purpose of the Unsenet.

It could be stated, "Well, if you don't want [insert favorite university,
corporation, public access (pay) unix site, or pay bbs site, etc] to make
money off of your postings, then don't post!" That seems to be what you are
looking for. Your argument shares the misapplication of the original (and I
hope current) purpose of usenet. This is a public network. It should be
available to anyone, or any organization. There never was any requirement
that a usenet site not charge or make a profit off of the people it allows
to access the net, or that any site must be responsible to make payments to
authors who post to the net if they are a pay service! If that were the
case, usenet never would have come into being, nor would it have the huge
base of "subscribers" it now commands. It sounds to me that your own
personal opinion of what usenet is all about, and your own view of morality
are the basis of your argument, and they are not in line with the real
guidelines of this net.

>Jonathan Kamens                               USnail:

Again, the comments in this article are my personal opinion, and I
certainly don't expect to get flamed on (all flames will of course be sent
to /dev/null), nor do I expect to be paid for posting this, and that
shouldn't need to be said. My stand of this would be the same no matter if
the subject was CIS, Plink, Prodigy, GEnie, or any of the other user
networks, private and public organizations, or Universities that [would/do]
sponsor usenet access. There is no reason to point fingers and there is
nothing that says that all sites must be free.

I've been participating in this forum off and on for many years now, and I
always thought this information was common knowledge. I certainly hope this
helps to clear up some of the misconceptions Jonathan and anyone else has
about this network. (At least as far as I was made to believe in the time I
have been participating here).

          Darrin Hyrup, SysAdmin
          sorinc.PacBell.COM
--
Darrin A. Hyrup              // AMIGA Enthusiast         rencon!esfenn!dah
magik@sorinc.PacBell.COM   \X/ & Software Developer   pacbell!sorinc!magik
==========================================================================
"Speak little and well, if you wish to be considered as possessing merit."

ckd@bu-pub.bu.edu (Christopher Davis) (12/22/89)

In article <946@crash.cts.com> canada@crash.cts.com (Diane B. Close) writes:
[GEnie <- USENET gateway]
DC> I object to this ONE WAY transfer of information.  Dave talks about the
DC> *exchange* of information.  This is not an *exchange*, it is a one-way
DC> transfer of Usenet information.  I object to the rape and plunder (*for
DC> profit*) of Usenet!  A summary of Usenet, or perhaps ``this is the
DC> latest from Usenet'' (1 or 2 articles follow), is acceptable. This
DC> wholesale plunder of Usenet is not.

>>>>> On 21 Dec 89 00:00:41 GMT, logajan@ns.network.com (John Logajan) said:
JL> Your sense of moral outrage in this case seems to be unrelated to a
JL> consistent view of reality.  When you post something on usenet, it is in
JL> the public domain.

This has never been tested in a court of law, to my knowledge.  I suspect
that copyright is retained, but I am not a legal expert.

JL> I suspect your outrage is merely symbolic.  After all, the telephone line
JL> companies, modem companies, computer manufacturers and software firms all
JL> make money AT THE COST OF USENET SITES!!!

I seem to recall a similar discussion going on right now in alt.activism;
y'see, it turns out that in a capitalistic society, when you exchange
things, both parties generally win.  At least I find that the modem I paid
$X for has given me *what I feel to be* >$X "worth" of usefulness.  GEnie
is giving *nothing* back.

JL> Yet I seriously doubt whether you would find it in your moral code of
JL> ethics to condem them.  If so, then your condemnation of ANYONE (even
JL> beyond the GEnie case) is contradictory and arbitrary on its face.

Different case.

JL> In contrast to the lack of harm to you or anyone caused by GEnie access,
JL> your suggestion to prohibit GEnie access DOES cause harm to potential
JL> GEnie usenet readers.  You, as we say, are the aggressor in this case!

I reserve the right to control my intellectual property and the ways in
which it may be redistributed.

DC> Is there anything (legal?) that we can do to stop this link?

JL> There may be something legal -- but it could never be moral --
JL> since you are the aggressor and the GEnie user is the victim!

This article, excluding quoted text, is Copyright 1989 Chris Davis.
Redistribution for profit is prohibited.  This copyright statement shall
not be construed to limit non-profit distribution, including but not
limited to UUNET's news forwarding services.  This article may not be
gatewayed to GEnie without a license fee paid to the author.

[I don't see that as aggressive.  I do see it as a hassle to type into
every article, but if I've gotta expand my .signature to control my
postings, so be it.]
-- 
 Christopher Davis, BU SMG '90  <ckd@bu-pub.bu.edu> <smghy6c@buacca.bitnet>
"Many verbal attacks are part of someone's aim to establish their rank in a
 dominance hierarchy, the same sort of behavior common among nesting fowl."
                                     --Daniel Mocsny <dmocsny@uceng.UC.EDU>

dewey@sequoia.UUCP (Dewey Henize) (12/22/89)

Lets see if we can take this slow, for the slow minds out there.

No one yet has posted that they object to GEnie getting groups gatewayed
per se.  At least, if they have, it hasn't reached this site.

People HAVE complained that it looks like all the benefit is one-way.

Some people can't tell the difference between a one-way gate and a system
with commercial access.

GEnie is supposedly going to try to put some sort of copyright on what
they port from Usenet, just because they did the 'hard work' of porting
it.

Is that right so far?  Did I miss a point?  I don't think so.  All the 
whining and bitching about Well and Portal being just the same can be
ignored - it's just a matter of people who are too lazy to READ what the
posts are [Those people aren't too stupid to understand it, several of
them have shown intelligence before].

Is there some legal problem?  If so, there's nothing that is going to go
to court, so that's not really an issue.  Forget it folks.

Is there a moral issue?  Better question.  PART of Usenet is based on the
idea of disseminating information.  This would do that part.  Another part
is based on the idea that you, one way or another, contribute back for some
of the benefit you recieve - which is why a lot of sites, this one included,
transport a lot of stuff we don't use directly.  We get benefit, we help
others get benefit.

GEnie is going to get benefit.  Right now, they're going to keep their info
and import ours as well.  You can't stop it, you know.  MAYBE, just maybe,
there's someone involved in it that wants to work on a basis of fair play,
but what you're talking about is a $-making company that has absolutely no
reason to.  That's the way of the world.

You're seeing what Usenet would be if it were all commercial, folks.  Scream
and holler if it makes you feel better.  Doesn't get the foul taste out of
my mouth, but that's the way it is.

NO ONE, at least that doesn't need a keeper, is going to really think that
the spirit of sharing found in the Usenet community is gonna continue without
some sharks ripping it off.  Looks at the maps mailing lists, simply for
one example.

If you don't like it, cancel or quit using your GEnie access.  Quit posting
to group(s) they put on a one-way gateway.  Or just accept that one of the
prices of a whole lot of people trying to share without any contract other
than a 'fair play' expectation means that those who don't give a damn can
always take advantage of those that do.

Dewey
-- 
| ...!cs.utexas.edu!execu!dewey or | "If you will just quit shouting at me, I |
|     ...uunet!execu!dewey         | will try to hear what you are saying"    |
| Execucom and I often have different ideas.  THESE are mine, ok?  Ok.        |

peter@ficc.uu.net (Peter da Silva) (12/22/89)

Frankly, given the quality of messages that *have* been gatewayed into Usenet
from Fidonet and other BBS-type operations.

I'm glad they're being impolite and unneighborly and not responding in kind.
I'm afraid they'd be like that unwanted houseguest that never leaves.

(not that ALL the fido folks are bad, it's just that the fido s/n ratio is
 even lower than Usenet)
-- 
`-_-' Peter da Silva. +1 713 274 5180. <peter@ficc.uu.net>.
 'U`  Also <peter@ficc.lonestar.org> or <peter@sugar.lonestar.org>.
"It was just dumb luck that Unix managed to break through the Stupidity Barrier
and become popular in spite of its inherent elegance." -- gavin@krypton.sgi.com

magik@sorinc.PacBell.COM (Darrin A. Hyrup) (12/22/89)

In article <946@crash.cts.com> canada@crash.cts.com (Diane Barlow Close) writes:
>[... Dave Small's message goes here ...]
>
>I object to this ONE WAY transfer of information.  Dave talks about the
>*exchange* of information.  This is not an *exchange*, it is a one-way
>transfer of Usenet information.  I object to the rape and plunder
>(*for profit*) of Usenet!  A summary of Usenet, or perhaps ``this is the
>latest from Usenet'' (1 or 2 articles follow), is acceptable. This wholesale
>plunder of Usenet is not.

I think he meant that he could not put general messages from his roundtable
on GEnie into the Usenet network. Technically he could put replies from the
messages entered into that roundtable into usenet, but not the other,
non-usenet-oriented messages.

>I also object most strenously to Dave limiting MY access to information by
>scaring away Usenet posters who don't want the kind of publicity GEnie
>offers.  Usenet is supported FREELY by a conglomeration of machines (each
>company covering a bit of the expenses) and I object very, very much to
>GEnie profiting from other sites' generousity.

Dave Small does NOT work for GEnie. Dave is an information provider to
GEnie by offering his services for support through his roundtable there.
They may not even be aware of this, and if they are, chances are they don't
expect to make much (if anything) off of this in particular. The storage
costs alone probably balance out the readership profits there.

>->      It seems to me like a benefit for everyone involved, especially
>-> if/when 2-waymail gets going.
>
>A benefit for *everyone*?  It is only a benefit for *everyone on GEnie*.
>Usenet people don't benefit *at all* from this one-way ``exchange'' of
>information.

Again you misunderstand. He was talking only about that one roundtable, not
all of GEnie. And as for mail exchange, that will be available sometime in
the not too distant future. The mail exchange would of course be both ways
(if technically possible).

>-> [...] other areas on GEnie are
>-> expressing great interest in having a USENET uplink. Basically, folks,
>-> USENET is perceived as the place where the people who know what they're
>-> doing post notes.
>
>Does this mean that soon *all* Usenet groups are going to be appearing on
>GEnie?  I hope we can stop this before it gets out of hand!

Eventually there may be a "Usenet roundtable" on GEnie. At least I imagine
this would be the case. And if so, that would basically be identical to a
unix site running news software and with a news feed. Posted messages would
be introduced into usenet, and replies would become available at that area.
It would be much more like a real usenet site than Dave's hack.

>->      Why do it? Because a long time ago, on the CERL site on PLATO, a
>-> person named Sherwin Gooch, ex-PLATO, ex-Atari, and now with Apple,
>-> introduced me to the hacker ethic and freedom of information exchange as
>-> its primary goal. (No, not illegal exchange, you know what I mean). [...]
>
>I don't call a one-way exchange ``freedom of information''.  I also don't
>call *free information* being uploaded to a *pay service* ``freedom''.
>The hacker ethic is AGAINST the *sale* of information (as GEnie represents).
>If you want a TRUE example of the hacker ethic, then read a bit about
>Richard Stallman and the Free Software Foundation.  *They* represent the
>hacker ethic!

Whoa hold on.  Most available public-access usenet access sites ARE PAY
SERVICES!  Even those that are not public-access fall into the catagory.
For example, look at any University, it charges tuition to its students,
they "pay" to use the university computer and so pay to access usenet. In
addition, many sites and BBS's with usenet gateways also charge users to
access usenet or net mail. Don't tell me that UUNET (and any of the other
sites that charge users for usenet/mail feeds) isn't a *pay service*!

If this does catch on, it will eventually be 2-way, but since this is
obviously a hack operation, it is probably not coming about any time soon.
The restrictions in its current form are too limiting and the GEnie lawyers
would undoubtedly have much good to say about it. But if it was to have its
own area on GEnie, dedicated solely to usenet, it would most definately be
both ways (or so I would think).

It is free exchange of information, and GEnie is not the bad guy. It could
be any other business out there which charges its users to access the net,
or any pay-BBS for that matter (which GEnie could be considered to be),
with a gateway to Usenet. The fact that this is one-way (for now) is less
an injustice to us, than it is to the GEnie subscribers who may want to
participate in the discussions on a 2-way basis!

>->      If anyone feels this is wrong, I'll be more than happy to listen and
>-> if convinced, drop the link. [...]
>
>Write Dave Small and voice your objections TODAY, before it's too late and
>Usenet becomes GEnie (and you have to pay through the nose for what was
>formerly free)!

Read above. Usenet is no more free than is GEnie. The fact that many lucky
people (myself included) have free access to it (besides obvious system
costs, etc) does not mean it is free. Just that we aren't personally stuck
paying fees to access the net. I know many people who do pay for it, and
there is no reason why you should think any different.

>->      Well, enough said. I hope this leads to good things -- GEnie users
>-> getting good information on time, for instance.
>
>It's obvious from this sentence who is benefiting from this ``exchange'' of
>information -- GEnie and no one else.

He didn't say GEnie, he said "GEnie users"! Those people who are paying to
use the GEnie "BBS" and want a usenet gateway. It will eventually be there,
and I am sure that CIS and Prodigy and the others will follow suite, as the
information age is upon us, and the interconnecting of networks in
inevitible.

>The more Usenet becomes publicized, the greater the danger of someone in
>political power becoming ``concerned''.  Perhaps concerned enough to pass
>legislation like that currenly up for review in New York:  a sysop must
>validate each and every *message* that is posted to his BBS and must also
>guarantee privacy of the message and guarantee that the message NOT appear
>on any other service.

Thats completely outrageous (both the legislation and the statement).
Usenet is already very well known, and it shouldn't matter what GEnie or
any other network says (and especially one who is not even a GEnie
employee!) or does. Usenet will get bigger, and more publicized, and will
attract more notice regardless, as that is the way of things. There is no
reason to point fingers!

>Is there anything (legal?) that we can do to stop this link?  In general,
>are there any ``net rules'' for this type of thing?  Is GEnie in any danger
>by uploading Usenet articles wholesale?

Not really, but I think I will address this in the next reply.

As for net rules, there is no rule that says anything about usenet
information providers (sites) having to allow free access to everyone, nor
does it say that all information must be two-ways. Look at usenet email
servers! Information posted to a group is fed to various people through
various gateways and email agents around the world. And this is usually
one-way-only. Yet, you don't see everyone putting up a big fuss about that!
And the same rules apply there as do here!  There are also plenty of BBS
sites out there that allow one-way usenet messages (they get usenet, but
wont post it to the net). Are they also in the wrong? Some of those BBS's
charge their users for access as well! Does that make them as guilty and
money-hungry as GEnie is supposed to be?

All in all I think you are over-reacting.

>Diane Barlow Close

Thats my opinion anyway, I hope it doesn't offend anyone. (No flames please).

          Darrin
--
Darrin A. Hyrup              // AMIGA Enthusiast         rencon!esfenn!dah
magik@sorinc.PacBell.COM   \X/ & Software Developer   pacbell!sorinc!magik
==========================================================================
"Speak little and well, if you wish to be considered as possessing merit."

sharon@asylum.SF.CA.US (Sharon Fisher) (12/22/89)

In article <1989Dec21.162642.812@millipore.uucp> blu@millipore.UUCP (Brian Utterback) writes:
>Correct me if I am wrong, but doesn't
>the Well carry usenet postings and charge for connect time?  And I don't 
>believe that these two cases are isolated.  

It does indeed.  However, Well users are also able to post messages to
the net.  It's not a one-way street, as is the case with the Genie
service.

(sharon@asylum.sf.ca.us -- also known as slf@well.sf.ca.us)

SML108@PSUVM.BITNET (12/22/89)

On the Subject of GENIE uploads...

It's certainly not fair, but what CAN we do about it?  This is public info,so
how are we to prevent others from making profits from it?

Ultimately, this will cause trouble on Usenet if anyone catches wind of
all the morons who create useless sub-groups and post pyramid schemes, but
what can we do?  Big Brother eventually moves in on ANYTHING....

Scott Le Grand aka sml108@psuvm.psu.edu

brad@looking.on.ca (Brad Templeton) (12/22/89)

I'm a GEnie sysop, and let me tell you folks, that while there are some
fine folks on GEnie, you people begging for a two way link better not beg
too hard or you will get what you ask for.

GEnie works differently.  It comes from the BBS world, not the USENET
world.  E-mail is foreign to most users.  I send users E-mail rather than
reply on the round table, and they complain to me!  Other SYSOPS and
GEnie staff get ticked when I send them mail in response to their BB postings,
rather than posting to the BB.

A common posting to a Genie BB might look like this, mapped to USENET:
(This is a real one I justed pulled)

	
	From: DELETED@genie.com
	Newsgroups: genie.sysop.info
	Subject: The Black Hole Mailbox...
	Message-ID: <1:1:109:sysop@l>
	Date: 6 Dec 89 22:30:00 GMT
	Lines: 2
	Genie: 1 1 109

	Not in the form you want, Juan.  The PHONES page is by state.
	Drop an EMail to (user) and cc: (user2)

People constantly post personal messages, one line comments without
referents, etc.  It's ok if you're reading in with their software, where
each topic is in a single file, and you usually just saw the referent.


This is what you're begging to have gatewayed?  I do a 2-way gateway to
GEnie, but it's moderated.  If I see a good posting in the unmoderated
part of the TeleJoke Round Table (RHF) then it goes to the RHF queue, for
posting both to USENET and GEnie.

For now, particularly since you can't send E-mail back, be careful what
you stomp up and down for.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

brad@looking.on.ca (Brad Templeton) (12/22/89)

Aside from the pragmatic reasons (no E-mail yet, GEnie mentality of not using
E-mail even when it's there) I have another question.

Has it become illegal to be a leaf node all of a sudden?  To dare to read
a group without posting to it?  Is this immoral?  GEnie provides a service,
which their customers like enough to pay for.  That service includes
setting up a computer system (something that costs money, hard as that is
to believe) and giving people a way to get at all sorts of freely distributable
data -- USENET postings, PD software, shareware etc.   This is immoral?

Their compilation copyright doesn't change the USENET material one whit.
A compilation copyright doesn't affect the things that make it up and what
may be done with them.  My compilation copyright doesn't affect at all what
you can do with the individual PD jokes in rec.humor.funny, and GEnie's does
not affect the distributability of the USENET material on it.


So why is it such a crime to read and not post.  We got too many posters
as it is.  Let's here it for more people who read and don't post!

(Snide comment ahead-- is there some problem with people named Jonathan from
project Athena, or is it just me?  :-) :-) :-) )
[ No offense to Athena, it's a fine project with great people. ]
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

evan@telly.on.ca (Evan Leibovitch) (12/22/89)

In article <344@6sceng.UUCP> blm@6sceng.UUCP (Brian Matthews) writes:

>However, as far as I know, all of the sites that charge for connect time
>or are public access sites allow a two way flow of news.  Subscribers
>read news collected from Usenet, and can also contribute news back to
>Usenet.  This doesn't appear to be the case with the GEnie gateway.

I don't think there is much argument that Genie's not passing news/mail
back into Usenet is a Bad Thing. However, this "rape of Usenet" stuff
is being way overblown.

To me, Genie's offering reading but not posting will be a phenominal
tease to its users. It doesn't take much reading to see that Usenet is
a highly interactive medium.

Reading Usenet and choosing not to reply or followup is one thing. Not
being able to, will be very frustrating to many Genie users.

Certainly people reading Usenet on Genie will want to participate, to
contribute. Those users on Genie who really want to participate will
either pressure Genie to allow them to post/reply, or they will seek
out sites which can give them full Usenet privileges.

To me, the value of just watching Usenet like a ticker-tape is limited.

-- 
  Evan Leibovitch, Sound Software, located in beautiful Brampton, Ontario
          evan@telly.on.ca / uunet!attcan!telly!evan / (416)452-0504
   "That's the last time I buy aftershave at a gas station" - Sam Malone

PMW1@PSUVM.BITNET (Peter Weiss) (12/22/89)

<wink on>

Salesman sells snow to Eskimo, News at 11.

<wink off>

eastick@me.utoronto.ca (Doug Eastick) (12/22/89)

peter@ficc.uu.net (Peter da Silva) writes:

>Frankly, given the quality of messages that *have* been gatewayed into Usenet
>from Fidonet and other BBS-type operations,
>I'm glad they're being impolite and unneighborly and not responding in kind.
>I'm afraid they'd be like that unwanted houseguest that never leaves.
>(not that ALL the fido folks are bad, it's just that the fido s/n ratio is
> even lower than Usenet)

Good point.  Agreed.
--
Doug Eastick				UUCP: uunet!utai!me!eastick
Mechanical Engineering			eastick@me.utoronto.ca

johnm@spudge.UUCP (John Munsch) (12/22/89)

This article is Copyright 1989 by John Munsch, All Rights Reserved.

Note the above, it is a copyright.  It is the answer for all of you who wish
to end of GEnie's abuse of the net (an abuse which if left unanswered would
surely spread to other pay networks as well).

If you are bothered by having your articles distributed so that someone
else can line their pockets at $6.00 or $12.50 (or more) an hour then all you
need to do is add the above line to each and every posting along with a
sentence outlining the restrictions that you place on distribution.  These
restrictions can prevent distribution for profit if you wish and have full
legal recognition.  If enough people choose to start placing a line or two
of this sort into their postings then GEnie's lawyers will undoubtedly
advise the termination of the connection.

There are others on the net who have expressed that they have no objection
to for profit distribution of their articles.  This is fine for them, but
unfortunately this is one situation where every single posting member of
Usenet is affected and unless the agreement is UNANIMOUS it cannot continue.
A few people cannot be allowed to say "screw you" to those who do have
objections and continue the connection when those people protest being used.

What I have suggested is a simple solution to the problem which will, if not
immediately, soon produce the desired outcome.

John Munsch

johnm@spudge.UUCP (John Munsch) (12/22/89)

In article <65046@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:
>In article <1989Dec21.020140.24067@athena.mit.edu> jik@athena.mit.edu (Jonathan I. Kamens) writes:
>>  Second, all it takes to make it impossible for GEnie legally to post
>>one of your articles on their system is to put something to the effect
>>of, "This article is copyright 1989 by <your name here>.  You may
>>redistribute this article only if you do not charge a fee from the
>>people to whom you redistribute it."  If you don't want public-access
>>Unix sites to have to filter your articles, and GEnie reserves
>>redistribution rights on everything posted to it, then you can change
>>the second sentence to "You may redistribute this article only if the
>>people tho whom you redistribute it may do likewise."
>
>Actually, no.  The first clause would bar UUNET, and if you think
>about it, also bars AT&T, which feeds some sites via its BTL arm, but
>charges them for it through its long distance arm.

So.

>And all these clauses mean nothing because once an automated link is
>in place, you can't put stupid copyright messages on things that you
>know will be violated by the link.  I have a feed to UUNET.  I put a
>copyright message on my posting saying, "UUNET may not copy."  I then
>command my computer, and UUNET's computer (because they allow me to, and
>I know that) to copy it.  You think a judge wouldn't laugh at you?

*I* did not establish this link, nor do I talk to any sites which have for
profit access (much less ONE WAY for profit access).  If we take your 
"excellent" example and apply it to me rather than you we find things are
a little different.

If I have already told you that you are going to receive something from me
that you cannot give to someone else, you can choose to not take it
from me in the first place or take it but not pass it on.  However, if you
take it and then give it to the person you understood was not to receive it
there aren't going to be many laughing judges then.  Will there...

This GEnie thing will either have to go or become two way, I personally am
not in favor of the two way transfer option but I will bend to the will of
others on this issue.  I am in favor of whole sites, not just individuals,
declaring that their material is copyrighted and is not for transfer to 
sites that do not transfer material both ways (esp. when done for profit).
Then those sites that choose to ignore the restrictions when accepting the
material can bear the legal responsibility of having done so with full
knowledge of their wrongdoing.

>GEnie is yet another pay site to get USENET material.  Not the first,
>not the last.  This was all gone over a year ago.  Most people like the
>idea.  Can we pass this one over?
	^^^^^^^^^^^^^^^^^^^^^^^^^^
No.  "WE" cannot.  As I said in another posting, a few people (like yourself)
cannot be allowed to run over everyone else and dictate how Usenet will run.
"Well the link is there now, whether you like it or not." seems to sum up your
attitude.  I count myself very fortunate that I do not have to work with you
given that attitude.

>Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

John Munsch

karl@giza.cis.ohio-state.edu (Karl Kleinpaste) (12/23/89)

jmi@devsim.mdcbbs.com writes:
   USENET is based upon the free
   trensfer of information. *No one* is "profiting" from the resale of
   that information...
   What is being proposed is a profit making corporation
   wants to take what we freely exchange and use that to make a
   profit. That is morally wrong and not in line with the purpose of
   this network!

Oh, please...

Spare the entire network the emotional tirade, and work harder at
maintaining a connection to reality.  (I'm not saying that to be
insulting; I'm saying that because you are factually incorrect.)

Portal exists and makes a profit.  The WELL exists and makes a profit.
UUNET exists and at least exchanges large numbers of dollars for its
services; whether it makes a profit in a formal sense depends on its
non-profit status and so forth.

The difference between the GEnie link and these others is not the
existence of a profit (motive), but the imbalance of the info flow.

It is not morally wrong to charge someone for use of a system which
has Usenet accessible to it.  As for the "purpose of this network,"
this network was originally set up 10 years ago so that some grad
students could exchange information about UNIX.  Consider that in
juxtaposition against what actually happens on the Usenet today.

Now please re-think your position.

In any event, re-stating what should by now be obvious, the link is
down until such time as Dave Small can get GEnie to redo it correctly.

--Karl

peter@ficc.uu.net (Peter da Silva) (12/23/89)

Well, y'all can pipe down now. It's 2-way.

Take a look in comp.lang.forth. If you can stomach it.

	/^From: *GEnie/h:j
-- 
`-_-' Peter da Silva. +1 713 274 5180. <peter@ficc.uu.net>.
 'U`  Also <peter@ficc.lonestar.org> or <peter@sugar.lonestar.org>.
"It was just dumb luck that Unix managed to break through the Stupidity Barrier
and become popular in spite of its inherent elegance." -- gavin@krypton.sgi.com

pbh@pandora.cs.wayne.edu (Patrick B. Haggood) (12/23/89)

> (remarks fromd small re: uplink to Genie)

No.  No.  That is wrong.  Nowhere on Usenet is there a message about
all out messages becoming the property of , well, public property as
it would be on Usenet.  In fact, the copywright las laws now sa 
state that what we write is our unless we SAY it is public domain.  Therefore, 
you could get in alot of trouble uploading to Genie, which has on its 
screens a message about things posted here belonging to them.

Take it down (the uplink) Dave, you're in for alot of headaches....

coy@ssc-vax.UUCP (Stephen B Coy) (12/23/89)

In article <1989Dec21.174239.19794@athena.mit.edu>, jik@athena.mit.edu (Jonathan I. Kamens) writes:
>   GEnie profits from News and doesn't give ANYTHING back to the people
> who wrote the Nws from which they are profiting.  It is this to which
> I, and other people, object.

Considering the average noise ratio of the most popular groups maybe
GEnie is doing usenet a great favor by making the connection
one-way.  In general the usenet population tends to be well educated
professionals.  Even so, the ranting often dominates.  (witness
this posting :-)  If GEnie wants usenet postings they will have to
spend a considerable amount of time editing.  Why not let them get
paid for their time?  The people who subscribe to GEnie will soon
enough learn about usenet and public access unix sites.  Then it
will be their choice, do they want to pay for an edited, read-only
version or take the plunge and become a full fledged member of the
information age's (mostly) unacknowleged child, usenet.

> Jonathan Kamens			              USnail:
> MIT Project Athena				11 Ashford Terrace
> jik@Athena.MIT.EDU				Allston, MA  02134
> Office: 617-253-8495			      Home: 617-782-0710

Stephen Coy
uw-beaver!ssc-vax!coy

		Pynchon's back, let's get paranoid!

coy@ssc-vax.UUCP (Stephen B Coy) (12/23/89)

In article <1107@utoday.UUCP>, wagner@utoday.UUCP (wagner) writes:
> Similar arguments could be made for other netters, I'm sure. The people who 
> post to comp groups, for instance, are largely people who are paid for their
> computer knowledge. When they post to the net, they are choosing to give their
> wares away. If Joe Smith posts to newsgroups saying, "I am having such-and-such
> a problem with my CompuBelch 800, can anybody help," and Jane Jones, consultant,
> reads it and knows the answer, she has two options if she wants to help:
> (a) She can sit down and write a letter saying, "Hi, I'm Jane Jones, consultant,
> and I know how to solve your problem, and if you send me $100 I'll tell you 
> what the answer is." Nothing wrong with that. That's how Jane earns her 
> living---by solving other people's computer problems for them. Or, (b) she
> can just sit down and bang out a response, and post it or e-mail it, with
> no thought of monetary compensation.
> 
> Now, let's say Mr. Smith missed Jane's posting and some third guy comes along
> and says, "I'll solve your problem for you Mr. Smith," and takes Jane's
> posting and charges Mr. Smith $100 to read it. How's Jane going to feel?
> Ripped off. She's going to think, "If I wanted Smith to have to pay for this,
> I'd'a charged him for it myself." 

Mr. Smith knows where to look for the answer, ie the followups to
his query.  But he doesn't bother.  Joe 3rd Guy takes the time to
sift through the net's usual cruft to find and extract Jane's gem of
wisdom which she has given to the world.  Mr. Smith think $100 is a
fair price to solve his problem.  He pays, his problem is solved,
he's happy.  Joe is compensated for his work, he's happy.  Jane
thinks, "Mr. Smith would rather pay than sort through the net.
I guess his time must be worth more to him."  She's amused.  I see
GEnie as sifting through the net for the gems and charging people
for this service.  The information is still free and with the usenet
postings will come information on public access unix sites and the
means to get that information for free.  Along with all the other
"information" that fills the net.  GEnie is charging for a service
much like a consulting agency will charge for the service of sorting
through a talent pool to find the individual that will fill the
needs of their client.

> Mitch
> wagner@utoday.UUCP

Stephen Coy
uw-beaver!ssc-vax!coy

kevin@mips.COM (Kevin Kuhn) (12/23/89)

I think this whole situation is a lot like sattelite technology.  Any
business owner is free to purchase a sattelite dish and show pay
channels in their bar or restaurant, as long as the sattelite owner
doesn't use a descrambling device to decode information.  USENET is
like the sat broadcaster sending out signal into the public domain.
GEnie is the bar owner who buys the equipment to receive these signals.

As the bar owner everyone who patronizes my business can see the sat programs.
I make profits selling liquor and food.  However I'm not allowed to charge
an admission or a fee to see the programs, or as you here at the end of every
sports cast "is intended solely for the non commercial use...."

If GEnie is using the information in a way that they do not charge a premium
over their current connect rate (the normal cost for their service) then
they are doing nothing wrong.

If they charge a premium for access to USENET data, or or use USENET in a
commercial way to enhance their product (the same way a bar can't advertise
the fact they will be showing a boxing event off their sat dish to attract
customers to their business) then their is probably someway to stop them,
but it would probably take a lot of time and money.
 

-- 
=<standard.disclaimer>==========================================================
Kevin Kuhn			kevin@mips.com
MIPS Computer Systems		{ames,decwrl,prls,pyramid}!mips!kevin

gilmore@vms.macc.wisc.edu (Neil Gilmore) (12/23/89)

(all points I don't discuss deleted)

In article <946@crash.cts.com>, canada@crash.cts.com (Diane Barlow Close) writes...

>This message was posted by Dave Small to the atari newsgroup, and I have
>many objections and some questions I'd like to pose to the net (so as not
>to waste net $$ please direct all followups to news.misc or alt.flame):
(I'd like to, but our reader is brain-damaged)
(if someone else can, please put this in the appropriate place, thanks)

>-> Date: 19 Dec 89 06:00:28 GMT
>-> >From: dsmall@well.UUCP (David Small)
>-> Newsgroups: comp.sys.atari.st
>-> Subject: USENET -> GEnie uplink now working
>-> Message-ID: <15097@well.UUCP>

>-> 	It's time to announce that there is now a working uplink
>-> from USENET to GEnie. Each note posted into comp.sys.atari.st is sorted
>-> by topic, and uploaded to "Category 10" of the Gadgets RT on GEnie.[...]

>-> 	The link is one way. GEnie makes its living selling information
>-> bases to the public, and doesn't want them downloaded and distributed freely.
>-> [...] I just want to get the maximum freedom of information
>-> exchange possible between these networks; [...]

In this case, the maximum is not enough to allow the minimum.

>I object to this ONE WAY transfer of information.  Dave talks about the 
>*exchange* of information.  This is not an *exchange*, it is a one-way 
>transfer of Usenet information.  I object to the rape and plunder 
>(*for profit*) of Usenet!  A summary of Usenet, or perhaps ``this is the 
>latest from Usenet'' (1 or 2 articles follow), is acceptable. This wholesale 
>plunder of Usenet is not.

I must second this opinion. Unless the 'article' link is both ways, 
forget it.

>-> 	I wanted to let you know to prevent invading anyone's privacy.
>-> [...] If someone has a real need not to have their notes forwarded to 
>-> GEnie, I will be happy to put a "filter" on to prevent it by request; [...]

Thanks Dave. It would have been genuinely dishonest to make this 
link and not tell anyone... but I would have preferred discussion before 
the event, not after. Oh, well, at least we get to discuss it now.

>I think this should be changed to ``only take articles from Usenet if a
>person sends Dave his *approval*''.  Why should I have to trust Dave to remove 
>my articles?  What if he misses one?  What if my mail can't get through?...

If the link doesn't go away as I want it to, I think this is an 
acceptable alternative. Post only what has specific permission to post.

(If you read this Dave, This is the ONLY one of my postings which I wish 
to go to GEnie. NO OTHERS may. Attempted mail to follow.)

>I also object most strenously to Dave limiting MY access to information by
>scaring away Usenet posters who don't want the kind of publicity GEnie
>offers.  Usenet is supported FREELY by a conglomeration of machines (each
>company covering a bit of the expenses) and I object very, very much to
>GEnie profiting from other sites' generousity.

I'm afraid I don't understand this statement. Publicity?

>-> 	It seems to me like a benefit for everyone involved, especially
>-> if/when 2-waymail gets going.

No objections, only encouragement for a mail link (both ways, of 
course). Dave, there is a mail link to CompuServe, but I don't have any 
details. Mail is fundamentally different than posting. It is an exchange 
between 2 people, not 2 organizations.

>-> [...] other areas on GEnie are
>-> expressing great interest in having a USENET uplink. Basically, folks, 
>-> USENET is perceived as the place where the people who know what they're
>-> doing post notes.

But have any USENET groups expressed interest in having their group 
uplinked to GEnie? Have any USENET groups even expressed interest in a 
2 way link to GEnie. If USENET is preceived as the place for those who 
know their stuff, why did those others get GEnie accounts instead of 
accounts on public USENET machines? I know of only 3 (portal, madnix, 
and macc), but there must be many other machines out there on which 
anyone can get an account.

>Does this mean that soon *all* Usenet groups are going to be appearing on
>GEnie?  I hope we can stop this before it gets out of hand!

Agreed. Stop this now.

>-> 	Why do it? Because a long time ago, on the CERL site on PLATO, a
>-> person named Sherwin Gooch, ex-PLATO, ex-Atari, and now with Apple, 
>-> introduced me to the hacker ethic and freedom of information exchange as
>-> its primary goal. (No, not illegal exchange, you know what I mean). [...]

Sounds like a defferent hacker ethic than what I was raised on... I 
don't follow any of that crap they fed me when I was younger. 

>-> 	If anyone feels this is wrong, I'll be more than happy to listen and
>-> if convinced, drop the link. [...]

I think you're getting an earful of what we think.

>Write Dave Small and voice your objections TODAY, before it's too late and
>Usenet becomes GEnie (and you have to pay through the nose for what was
>formerly free)!

Sorry. Emotional argument of this type doesn't cut it. I don't believe 
that USENET will cease to exist because of this link, but it won't help 
it any either.

>-> 	Well, enough said. I hope this leads to good things -- GEnie users
>-> getting good information on time, for instance.

Dave, you are known to us as a doer of good things. Your reputation is 
impeccable, at least in your business dealings. I believe that you 
intended to do good by this, but I believe more strongly that, 
ultimately, this will do no good for those who are generating the 
information that you wish to pass along, instead doing good for persons 
having no real connection with the originator.

>The more Usenet becomes publicized, the greater the danger of someone in
>political power becoming ``concerned''.  Perhaps concerned enough to pass
>legislation like that currenly up for review in New York:  a sysop must
>validate each and every *message* that is posted to his BBS and must also
>guarantee privacy of the message and guarantee that the message NOT appear
>on any other service.  

Bad news to me. Blast this and other similar legislation, except for 
privacy of private email. Also unenforcable, as no sysop can guarantee 
that no person ever will download a message and upload it somewhare 
else. Make the originator responsible for their postings, not the 
sysops.

>Is there anything (legal?) that we can do to stop this link?  In general,
>are there any ``net rules'' for this type of thing?  Is GEnie in any danger
>by uploading Usenet articles wholesale?

I hope that Dave will understand our sentiments and close down the link 
until such time as the Net Gods can pass judgement. I would think that 
any postings which specifically say that their information may not be 
distributed for profit would be incorrect for uplinking, as GEnie would 
be profitting from their posting to USENET. This pretty well leaves out
any of the binaries and sources groups, as well as most of the code
fragments in postings. As Dave does not profit, he should be in no trouble. 
Who will monitor every message to be certain which may be distributed and 
which may not be? That is what it would take to ensure copyright 
compliance.

>Diane Barlow Close
>      {nosc, ucsd}!crash!canada
>      canada@crash.cts.com
>      Free Canada -- Trade Mulroney

+-----------------------------------------------------------------------+
| Kitakaze Tatsu Raito	Neil Gilmore     internet:gilmore@macc.wisc.edu | 
| Jararvellir,          MACC, UW-Madison bitnet: gilmore@wiscmac3       |  
| Middle Kingdom        Madison, Wi                                     |
+-----------------------------------------------------------------------+   

bzs@world.std.com (Barry Shein) (12/23/89)

I agree with Mel and Karl (and possibly JIK tho he sinks his case so
deep in other political agendas it's hard to tell) on that point: That
the links should be two-way and it would be interesting to know why
they're not. Can the local Genie users, for example, flame someone
locally and only other Genie users see their response? That would seem
unhealthy.

As to what to do about it, I would think the first thing would be to
simply express this to someone at Genie. I realize it's emotionally
satisfying to all play Red Queen and shout "off with their heads" (ie.
cut off their link, the meter is even right) as a first reaction but
given the probably tiny harm it seems that more civil approaches
should be tried first. If there is no satisfactory response (which
doesn't mean they have to succumb instantly to all demands) then it
could be discussed further among ourselves.

This just seems to be a bit of a tempest in a teapot, perhaps everyone
should calm down and figure out what exactly is needed.
-- 
        -Barry Shein

Software Tool & Die, Purveyors to the Trade         | bzs@world.std.com
1330 Beacon St, Brookline, MA 02146, (617) 739-0202 | {xylogics,uunet}world!bzs

pleasant@porthos.rutgers.edu (Mel Pleasant) (12/23/89)

In article <33939@mips.mips.COM> kevin@mips.COM (Kevin Kuhn) writes:

> I think this whole situation is a lot like sattelite technology.  Any
> business owner is free to purchase a sattelite dish and show pay
> channels in their bar or restaurant, as long as the sattelite owner
> doesn't use a descrambling device to decode information.  USENET is
> like the sat broadcaster sending out signal into the public domain.


Given that the GEnie link has already been severed some might wonder why I
am bothering to respond to this message.  Since I've seen this type of
argument before, I'm hoping to shoot it in the foot :-).

The premise above is false.  What's the difference between satellite
technology and USENET?!?  Satellite technology broadcasts its signal from a
source and immediately loses control of it unless it is encrypted or the
source has made prior arrangements to keep the material private through
contract.  Secondly, receiving nodes tend to be end nodes.  With USENET,
each node is a receiving node from its upstream site(s) and a source node
for its downstream site(s).  Each node controls who it will and will not
feed based upon local policy and general agreement, if so willing, with
other existing nodes.  ERGO, USENET IS *NOT* A BROADCAST MEDIUM!!  USENET
*only* simulates broadcasts through many point-to-point links.  With coming
software technology, this may not always be the case but in the vast
majority of situations right now, it certainly is the case.  The minimal
price, or shall I say cost, that a downstream site must pay for a connection
into USENET is permission-for-connection from its upstream site.  Without
it, the downstream site is dead in the water.  If downstream sites choose to
become upstream sites for new downstream sites, and as upstream sites they
choose to follow prinicples which `appear' to exist within USENET, then
those principles exist by definition and will spread as long as the process
continues to repeat itself.

The effect of all of this is that no one site can come onto the network and
do exactly as it pleases.  To continue to co-exist within USENET one must
maintain the permission of at least one upstream neighbor.  In this case,
GEnie's feed was convinced that the one-way outgoing link was a bad idea
because it curtailed the *exchange* of information.  Given that the feed
site recognized and acted upon the argument, and given that we've seen this
argument made many times before and effectively upheld in many cases, the
`exchange of information' concept with other networks has become a principle
of USENET.  And by consequence, GEnie is not able to `do as it pleases.'

Now, I am not making the claim that GEnie intended to resist sharing or
exchanging information with USENET.  It wouldn't surprise me at all if the
concept was simply overlooked.  I am using this episode to illustrate that
USENET does have principles (if only from time to time) and is not a true
broadcast medium as put forth above.
-- 

                                  Mel Pleasant
 {backbone}!rutgers!pleasant   pleasant@rutgers.edu     mpleasant@zodiac.bitnet

paul@deadpup.UUCP (paul) (12/24/89)

In article <946@crash.cts.com>, canada@crash.cts.com (Diane Barlow Close) writes:
+ As witten by: dsmall@well.UUCP (David Small)
> -> 	I wanted to let you know to prevent invading anyone's privacy.
> -> [...] If someone has a real need not to have their notes forwarded to 
> -> GEnie, I will be happy to put a "filter" on to prevent it by request; [...]
> 
> I think this should be changed to ``only take articles from Usenet if a
> person sends Dave his *approval*''.  Why should I have to trust Dave to remove 
> Is there anything (legal?) that we can do to stop this link?  In general,
> are there any ``net rules'' for this type of thing?  Is GEnie in any danger
> by uploading Usenet articles wholesale?

I would suggest that you compose a "letter of objection" much as you
have posted above. Spell out explicitly, suscinctly, and politely what
your objections are and why you don't want your material posted on GEnie. 
In addition, explain why you feel that explicit approval is more appropriate
than the system Mr. Small proposes. Try to get a consensus on it in the
affected group, and ask anyone who feels the same way that you do to submit
a copy of the letter or a reference to the same. At the same time collect
names and ID's of people who agree with you, sorted by those in the group
and net.people in general. Be extreamly scrupulous in forming this list.
Then submit the letter and list to the management of GEnie.

If you can get a sufficient number of people to cooperate, the GEnie feed
will become of marginal value. Only fractions of conversations would be
transmitted iff Mr. Small abides by his word. If you have the people who
post the best information with you as well, the content of the transmitted
data will be marginal.

Likewise, if a large number of people object to the practice, GEnie's
management might form a policy (perhaps a two way exchange) that would
address your objections. (By the way, don't make threats. Be amicable
and seek a solution to the problem. They may surprise you.)

Paul J. Mech
oucsace.cs.OHIOU.EDU!deadpup!paul
uiucuxc!oucs!oucsace!deadpup!paul
{ CAUTION: some reply generated paths end on oucsace and are lost. }

karl@tut.cis.ohio-state.edu (Karl Kleinpaste) (12/24/89)

johnm@spudge.uucp writes:
   There are others on the net who have expressed that they have no objection
   to for profit distribution of their articles.  This is fine for them, but
   unfortunately this is one situation where every single posting member of
   Usenet is affected and unless the agreement is UNANIMOUS it cannot continue.

[hee-hee]

There's three-quarters of a million people reading and posting to the
Usenet, and here I see you mention unanimous agreement as though it
were eminently within our grasp.

[cough]

This not only ignores the self-evident fact that no unanimous
agreement is possible on _anything_ amidst such a horde, but also
ignores the existing cases of Portal, the WELL, and UUNET, all of whom
turn a profit (or, as Rick informed me yesterday, are permitted an
"excess of revenues over expenses" by the IRS).  If you already, and
always, include redistribution restriction signatures, then perhaps
(and only perhaps) you have a case to make, and it is true that this
particular article had a copyright notice; but the very next article I
saw from you, on the very same subject, lacked such a notice.  How
seriously do you expect your position to be taken?

--Karl

cosell@bbn.com (Bernie Cosell) (12/24/89)

johnm@spudge.UUCP (John Munsch) writes:

>This article is Copyright 1989 by John Munsch, All Rights Reserved.

>Note the above, it is a copyright.  It is the answer for all of you who wish
>to end of GEnie's abuse of the net (an abuse which if left unanswered would
>surely spread to other pay networks as well).

Note the above --- legal advice from someone who clearly has at best a
weak grasp of the law.  In the US, the "copyright" notice has not been
necessary for some time now [although it might help if you actually go
to court, but it is difficult to imagine any posting-infringement case
being worth a lawyer's time].  Second, lots of luck showing some kind
of damages if a posting of yours has its copyright 'infringed'.  Third,
if you are REALLY reserving all of your rights, then your posting is
not going to get very far, since you have just precluded its being
propagated.  [Either my site has the 'right' to send your posting on to the
next site or it does not, right?  Did you reserve that right or not?]

Altogether, this matter is fairly complicated, has never been tested in
court with or without a copyright notice [far as I've ever heard], and
anyone who is worried about this idiotic problem (and I confess that I
cannot understand what it is that gets you folks so worked up) who
thinks that there is a "simple" legal solution is deluding themself
[and only betraying how little of the legal situation they really
understand].

Give it a rest, for crissake....  if you think your postings are worth money,
go try to sell them; if you're posting for the hell of it, let your posting go
where it may and forget about it.  Geez...

   /Bernie\

brad@looking.on.ca (Brad Templeton) (12/24/89)

It is my opinion that only human beings can violate a copyright.
Computers can't.

So if a link is created (by humans) but afterwards maintained by
machine, then if that link violates a copyright, the violation is
by the human who commanded the transfer.

If copyrighted information is already flowing, and I tap into it without
permission, then I, in creating the link, am guilty.

If a link exists, and people start feeding copyrighted information down
that link, even though this would be a violation of the copyright, then
the people doing the feeding are guilty.


What this means to my mind is -- any copyright that forbids material from
going down a link to a system you don't like *is* valid if you declare it
before the link is in place.  But it is not valid if you declare it after
the link is in place, and you yourself use that link.

What the courts will actually decide someday I can't predict.  But the
above seems just.
-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

dsmall@well.UUCP (David Small) (12/24/89)

Jonathon, the original intent is to bring GEnie into the Net as a 2-way
link, not as an "information sink". The present(well, past, now) kludge
was just a demo to show GEnie that it would be mutually beneficial to do so.
We're suffering here from bad initial information; see my reply to the
"GEnie link is down.." note for more information.

	-- thanks, Dave Small / Gadgets

dsmall@well.UUCP (David Small) (12/24/89)

The basenote refers to USENET notes on GEnie enticing GEnie users.''	

	That's exactly why they're there. I want GEnie users (and more
importantly, sysops) asking GEnie mgmt. to make this connection, and to
concede the things that aren't negotiable -- no copyright, 2-way, etc.
People don't appreciate USENET until they *see* it -- hence the temporary
uplink. My error was in not explaining all of what I was doing, and in
having someone react fairly hysterically to it, without checking facts
or motives.

	-- thanks, Dave / Gadgets

jim@esfenn.UUCP (Jim Klessig) (12/25/89)

I think Rape is a very accurate term here, I would suggest that any posting to
groups that this will happen to simply include copyiight notices in each posting
explicitly allowing nonprofit reproduction, and forbidding any reproductionn
for sale or profit.

  THis would put GEnie in a very unhappy situation if any of
the posts were not removed, of being responsible for copyright violations. Bein
A for profit service like that has a lot to loose, and not that much to gain.

njs@scifi.UUCP (Nicholas J. Simicich) (12/26/89)

In article <8912220034.AA09899@sorinc.PacBell.COM>
magik@sorinc.PacBell.COM (Darrin A. Hyrup) writes:

 >Technically no. The copyright laws clearly state that if you release
 >your copyrighted material into the public domain, it is no longer
 >copyrighted and can be transferred in any way the recievers see fit.
 >Btw, under the Berne Convention (of which the USA is now a member),
 >you do not have to put a "Copyright (c) 1989", in your original works
 >to have a copyright, but you give up any such rights by putting your
 >works into the public domain. Since the very nature of Usenet
 >dictates that any works that are entered into the net are in the
 >public domain, you would have a hell of a time trying to prove misuse
 >of your information in any court if you tried to sue for violation of
 >your copyright.

Um, er, excuse me, but do you suppose that someone loses copyright by
publishing a book?

I've heard this interesting assertion about stuff posted to Usenet being
automatically placed into the public domain before.  

It is certain that by posting, you are consenting to having your
article widely published, on Usenet.  In fact, you are self
publishing, through the act of posting.  I don't think you've done
anything to void your personal copyright.

Were someone to publish a book titled, "The Collected Wisdom of Darrin
Hyrup", by excerpting all of your Usenet posts, well, that action is
clearly not what you were consenting to by posting, in my opinion.
You might be able to sue and get a cut.

I personally, don't object to GEnie making a profit on connect time.
I object to their compilation copyright.  Normally, when you become a
user of one of these services, you sign an agreement that you will not
publish what you download, and you also agree to their copyright on
what you post.  For example, if someone copied the Atari stuff
wholesale from GEnie and posted it to BIX or Compuserve, GEnie would
probably cut them off and might attempt to recover damages if they
thought they were damaged (but Brad has convinced me that the only
damage to GEnie would be in letting potential users know how bad it is
:-) ).

By posting to Usenet, I'm not consenting to having my postings copied
to a commercial service and placed under compilation copyright.  I
don't think that anyone can construe what I'm doing as posting as such
permission.

But, frankly, I don't think I'd be damaged enough to worry about it.

-- 
Nick Simicich --- uunet!bywater!scifi!njs --- njs@ibm.com (Internet)

brad@looking.on.ca (Brad Templeton) (12/27/89)

In article <1034@scifi.UUCP> njs@scifi.UUCP (Nicholas J. Simicich) writes:
>I personally, don't object to GEnie making a profit on connect time.
>I object to their compilation copyright.  Normally, when you become a
>user of one of these services, you sign an agreement that you will not
>publish what you download, and you also agree to their copyright on
>what you post.  For example, if someone copied the Atari stuff
>wholesale from GEnie and posted it to BIX or Compuserve, GEnie would
>probably cut them off and might attempt to recover damages if they
>thought they were damaged

People misunderstand compilation copyright.  It doesn't stop you from
doing anything with the original postings, or original sub-collections,
that you could do before.  Posting a PD or Shareware program on GEnie
doesn't change one whit your right o put it on USENET, compuserve or
(if you're the owner or it's PD) doing whatever you want with it.

With USENET postings on GEnie or CIS, the compilation copyright would
have no bearing on the collection known as USENET.  It could not
interfere in any way with the feeding of USENET via other machines.
There is a technical, but rather silly and unlikely way it could be
used to stop people getting a USENET feed *from* GEnie, but I can't
imagine it taking place.

Compilation copyright protects one thing and one thing only -- the
unique effort of compiling and editing the collection.

CIS's compilation copyright stops you from taking CIS's IBM-PC library,
downloading a sizeable portion of it, and setting up your own online
service, BBS or library with the same library.   And individual program
you get from any other source that happens to be on CIS you can do with
as you please (within the limits of the real copyright holder's rules.)

If you build an Online service and/or a library of shareware/PD material,
and a lot of effort is spent in making it, you deserve protection for that
effort.  It should not be legal for somebody to start up a competitor,
and just blatently copy the library you have developed in years of operation.

That's all it means.

>(but Brad has convinced me that the only
>damage to GEnie would be in letting potential users know how bad it is
>:-) ).

That's not what I said at all, by the way.  GEnie has lots of great
areas.  But the way discussion works there is not strictly compatible
with USENET, because E-mail is discouraged and private messages on the
BB section are not uncommon.  This would not mesh well with USENET without
a bit of work.

>By posting to Usenet, I'm not consenting to having my postings copied
>to a commercial service and placed under compilation copyright.  I
>don't think that anyone can construe what I'm doing as posting as such
>permission.

This is a more gray area, but in my opinion, this is incorrect.  (This has
never been decided by case-law, however.)   You post to USENET, and you
are consenting to both of the following:
	a) What is generally expected for a USENET posting, namely very
	   wide electronic distribution to many thousands of sites at
	   companies, schools, and BBoards, including what is often
	   called USENET, BITNET, Internet, DEC E-NET and related nets
	b) Any automated electronic distribution, commercial or otherwise,
	   that was set in place prior to your posting.

If the law does *not* rule B to be the case, then it has to deal with
problems like messages that contain things like:

	"This message is copyright 1852 by Foo Enterprises.  Permission
	 is granted to copy this message by all sites with a site name
	 beginning with a vowel.  Any site whose name begins with a
	 consonant may not copy this message in any form for profit or
	 otherwise."

If an automatic link's in place, then YOU the poster are the one using
it to copy your message, *not* the owners of the link.

-- 
Brad Templeton, ClariNet Communications Corp. -- Waterloo, Ontario 519/884-7473

ts@cup.portal.com (Tim W Smith) (12/27/89)

I can see it now.  Everyone will start putting in larger and larger
copyright notices attempting ( but failing ) to limit distribution
of their articles.  Eventually, the news software will have to be
hacked to limit these just like it was with signature files and
include text.  Geez.

						Tim Smith

This article Copyright 1989 by Tim Smith.  All Rights Reserved.
No one is granted permission to read this article.  If you already
did, you may be able to convince me not to sue you by sending
me $1...

tneff@bfmny0.UU.NET (Tom Neff) (12/28/89)

First: David Small has behaved like a true net gentlebeing throughout
this episode, and he deserves public congratulations.  If only more
of us exhibited such concern for what the rest of the net thinks!

Second: Gatewaying certain special interest mailing lists and/or
newsgroups with the corresponding GEnie roundtables sounds like a
winner, providing it's two way, but also providing the GEnie moderater
staff are carefully apprised of their responsibilities as 'news admins'.
Where there are useful sources of answers out there, Usenet ought to
have access.  However clogging core newsgroups with trivial noise
traffic is undesirable.  (In fairness, GEnie seems less prone to this
than, say, CompuServe, due perhaps to attendance and the nature of the
conference/topic structure vs. flat-thread-rotating CIS Forums.)

Third: A straight, personal Email gateway is overdue and should be
created a la 'saqqara' by GEnie management.  Has nothing to do with
the rest of this discussion.  All commercial vendors should get on
the stick in this dept.

Fourth: These clear-the-air contributions from Small and Pleasant are
welcome, but the "... so let's stop discussing it" coda is misplaced.
Commercial gateway issues need to be discussed, now rather than later,
and this is a good excuse.  Nobody has the right to squelch a topic.
When it stops being interesting, it will die down of its own accord.

Fifth: The danger of establishing pussycat precedents with ONE
commercial vendor just because they seem like "nice people" is that the
NEXT vendor may be scum, but now the precedents are set.  Leave us not
kid ourselves -- unorthodox and unorganized though it may be, Usenet is
a fantastic asset to be able to advertise as 'available' on your
commercial service.  Can you just imagine the day potatohead Pournelle
gets his "Arpanet account" back via McGraw-Hill's weird BIX service?
BYTE readers will never hear the end of it, and neither will we.
An anarchist would say we should remain as "shifty" and hard to stay
connected-to as possible to discourage corporate co-optation; but even
a plain pragmatist would say we should husband our virtue.

Sixth: Would our jailhouse lawyers please not revive Ye Aulde Copyright
Argument.  Go test something in court, for crissake.  In the meantime if
you want a medium susceptible to the diligent defense of authorship
rights, pick something besides Usenet.

-- 
War is like love; it always      \%\%\%   Tom Neff
finds a way. -- Bertold Brecht   %\%\%\   tneff@bfmny0.UU.NET

craig@com2serv.C2S.MN.ORG (Craig S. Wilson) (12/28/89)

In article <25415@cup.portal.com> ts@cup.portal.com (Tim W Smith) writes:
>This article Copyright 1989 by Tim Smith.  All Rights Reserved.
>No one is granted permission to read this article.  If you already
>did, you may be able to convince me not to sue you by sending
>me $1...

I believe that this is an attempt to extort money from me.  That is a
crime.  Since you used the telephone system and crossed state lines,
it is probably a federal crime.

Your threat of legal action has put me under great emotional stress.
I think that I will sue, unless....

/craig

P.S. only kidding.

mcb@presto.IG.COM (Michael C. Berch) (12/28/89)

In the referenced article, brad@looking.on.ca (Brad Templeton) writes:
> It is my opinion that only human beings can violate a copyright.
> Computers can't.
> 
> So if a link is created (by humans) but afterwards maintained by
> machine, then if that link violates a copyright, the violation is
> by the human who commanded the transfer.

I'm not sure I completely agree.  It really depends on how you define
"commanded the transfer".  One could argue that the original poster
"commanded the transfer" by posting the article with real or
constructive knowledge as to the workings of the news transport
software; alternately one could argue that the person(s) who control
the machine "commanded the transfer" by installing and activating
software that mechnically performs various acts of copying and
dissemination.  It has a lot to do with whether you adopt a
"publisher", "common carrier", or "bookstore" paradigm for Usenet, and
that remains a totally open question.

> If copyrighted information is already flowing, and I tap into it without
> permission, then I, in creating the link, am guilty.
> 
> If a link exists, and people start feeding copyrighted information down
> that link, even though this would be a violation of the copyright, then
> the people doing the feeding are guilty.
> 
> What this means to my mind is -- any copyright that forbids material from
> going down a link to a system you don't like *is* valid if you declare it
> before the link is in place.  But it is not valid if you declare it after
> the link is in place, and you yourself use that link.

I understand the underlying point, but if I were representing an
infringement plaintiff, one of the points I might touch on would be
the fact that any news administrator could, at his option, install a
filter that would eliminate dissemination of any article with notice
of copyright, or a special type of notice, or whatever.  (I'm not
talking about AI here, just a regular expression type thingie).  This
would be overinclusive, but would effectively eliminate the
possibility of infringement.

A defense to this is the fact that no such filter exists in the 
widely-used news transport software (it may come to that, someday,
though the performance penalty for those who choose to compile it in
would be severe indeed); however, such a filter would be a quick hack
for anyone who understands the news software.  In which case, the
argument, "Yes, Your Honour, but the defendant didn't even spend a
hour or two on a technical solution that would have effectively and
automatically prevented the infringement" might be a persuasive one.

--
Michael C. Berch  
mcb@presto.ig.com / uunet!presto.ig.com!mcb / ames!bionet!mcb

dsmall@well.UUCP (David Small) (12/30/89)

Genie's been informed of what I think are the reasonable needs of USENET
if thereis going to be some link. But look, they're all on holiday. Can
we table this until someone from Genie who can respond is back?

	Personally, I'm hoping they'll go for it. They aren't nearly as
money-only minded as somehave made them out to be; they regularly try new
and experimental RT's, for instance, that have little chance of making much
money. The people I talk to there seem sane.

	By "reasonable needs" I mean 2-way, email, no copyright hassles.

	I'll let you know what happens, okay?

	And man, am I sorry for stirring up this fuss. I get the impression
this has happened before, though ...:-)

	-- thanks, Dave / Gadgets

jpoplaws@telesci.UUCP (Joseph E Poplawski) (01/10/90)

In article <66654@looking.on.ca> brad@looking.on.ca (Brad Templeton) writes:
>
>What this means to my mind is -- any copyright that forbids material from
>going down a link to a system you don't like *is* valid if you declare it
>before the link is in place.  But it is not valid if you declare it after
>the link is in place, and you yourself use that link.

I think that the above statement is really bogus.  How can anyone forbid their
material from going down a link to a system before the link is in place?  Is
every user supposed to have ESP and know when new links which may be 
objectionable are going to be created?  I don't think so.  I think that if a
link is created that is objectionable, and there are people who do not want
their material transmitted to that site, that it would be the objectionable
site, and it's feed that should make sure that the material doesn't get there.

Just some thoughts...

-Jo

les@chinet.chi.il.us (Leslie Mikesell) (01/26/90)

In article <1989Dec21.024040.25157@athena.mit.edu> jik@athena.mit.edu (Jonathan I. Kamens) writes:

>  It is irrelevant what the specific charges are for.  The fact is
>that if people are reading the postings that are gatewayed to GEnie,
>then GEnie is making money off of them [...]

No, it is *not* irrelevant what the charges are for.  You pay for connect
time, not the data.  This is no different than the money being made
by the phone company.  Do you expect the LD carriers to share the
profits with the authors?

>  FSF charges to cover the cost of the tape and the cost of copying
>it.  They do not charge to make a profit; that would be completely
>against what they stand for.

No, the FSF charges for the *service* not the content of the tape.  They
have never been against anyone charging for their services.

>  Yes, but as I have said in a previous posting, when you pay for the
>phone, or the modem, or the Intenet, or the disks, you GET SOMETHING
>BACK.

Yes, you obtain the (free) data that you would not otherwise have
by paying for the services that deliver it to you.  In what way would
that be different when you use GENIE instead of some other service?
Keep in mind that "free" services are never actually free - someone
has to pay the bills.  The difference with services like GENIE is that
users are willing to pay their own way. Obviously, no one is going to
be forced to use their services.

Les Mikesell
 les@chinet.chi.il.us

roskos@IDA.ORG (Eric Roskos) (02/12/90)

canada@crash.cts.com (Diane Barlow Close) writes:

>The more Usenet becomes publicized, the greater the danger of someone in
>political power becoming ``concerned''.  Perhaps concerned enough to pass
>legislation like that currenly up for review in New York:  a sysop must
>validate each and every *message* that is posted to his BBS and must also
>guarantee privacy of the message and guarantee that the message NOT appear
>on any other service.  

I certainly agree with you on this latter.  Although I have objected to
the commercialization of the Usenet (without result) in the past, I
continue to agree that the Usenet should not become entangled with
commercial enterprises.  (That is one of the reasons why I have resisted
substantial pressure to sign up with UUNET.) Subscribers to the PRODIGY
service are well familiar with the extent to which the operators of a
commercial service can go in asserting their legal right to censorship,
as evidenced by the recent eradication, without prior discussion, of the
entire "health" topic area on PRODIGY after one of the users complained
that he didn't want his children reading discussion (other than his)
about AIDS there.  (He had previously posted statistics on the subject
which some of the other participants maintained were invalid.) One can
imagine that subscribers to a commercial service might similarly object
to the Usenet's diverse topic areas, and, on a similar moral crusade,
set out to force elimination of Usenet topic areas. 

Of course, this is not that likely here, though possible.  But it does
seem that the Usenet's support of a free exchange of ideas, originating
in the academic and research community (which has regrettably already
withdrawn somewhat from the Usenet), is something that is not often
found on the commercial boards.  It seems unwise to allow people to
profit from the Usenet's particular mix of participants unless the
majority feel that they are willing for it to do so.  But this is just
my personal opinion; yours may differ. 

-- 
Eric Roskos (roskos@IDA.ORG or Roskos@DOCKMASTER.NCSC.MIL)

	"Some countries maintain `fast time' throughout the year, in which
	 case it becomes `standard time'." -- DMA World Map 1150 (USGS)