[news.stargate] Restrictions on Stargate - what is sold is telecommunications

brad@looking.UUCP (03/18/87)

This may be an area in which the law is behind the technology.  We should
examine what *should* be rather than what exists among the out of date
laws.

What the stargate -- and other satellite folks -- really want to sell
is *telecommunications*.  They really have not desire to sell or own
the transmitted materials.

Now telecommunication is a valid service, and it costs money to set it
up, and the equipment that does it is privately owned, so in my moral books,
telecommunications are a thing that deserve to be protected.

The service provided by stargate is, in theory, the moving of information
from point A (say, Atlanta) to point B (say, a customer in Los Angeles).

It seems perfectly fair that Stargate and the LA customer could enter into
a contract that says,
   "I will move the information you request from Atlanta to you, so long as
   you pay me and don't resell (or give away) this moving."

Perhaps some are suggesting that this sort of contract be illegal because
it would forbid the reselling (or giving away) of PD information that was
moved for a fee.  The point here is that what is being sold is the moving
of the information, and you can't give away that moved information without
also giving away the moving of it which is inherently within it.

Now such a restriction isn't a restriction on the information itself.
Anybody else is free to move the information (if it is PD) from Atlanta
to wherever they want.  By why should it be illegal to restrict further
motions of information that could not have existed without the original
telecommunications service.

If you wish to make such a contract illegal, you will seriously hurt
the economies of such telecommunications.   Any customer for telecommunications
of PD information will have to be charged enough to pay for telecommunications
to EVERYBODY in their nearby region.  This would wreck the industry.

If you are using a service, and the generators of that service request
compensation, you should pay them or not make use of their service.
Is this not a valid moral principle?
-- 
Brad Templeton, Looking Glass Software Ltd. - Waterloo, Ontario 519/884-7473

mason@tmsoft.UUCP (03/18/87)

In article <759@looking.UUCP> brad@looking.UUCP (Brad Templeton) writes:
>This may be an area in which the law is behind the technology.  We should
>examine what *should* be rather than what exists among the out of date
>laws.
>
>What the stargate -- and other satellite folks -- really want to sell
>is *telecommunications*.  They really have not desire to sell or own
>the transmitted materials.
> ...
>It seems perfectly fair that Stargate and the LA customer could enter into
>a contract that says,
>   "I will move the information you request from Atlanta to you, so long as
>   you pay me and don't resell (or give away) this moving."

  I agree with Brad that the service Stargate is selling is telecommunications,
but I disagree that this gives them the moral right to restrict access to (or
distribution of) PD information.
  There are already precedents for selling compilations of PD software.  Groups
like PC SIG, and companies like Workman, have been selling compilation disks
for years.  It serves a purpose, and presumably at least pays for itself.
With these there is NO implication that you cannot pass on the works singly
or as a group to others.
  I can see no reason why stargate should want to restrict this, particularly
as this is a 'volunteer effort' to 'help the USENET community' get 'timely
information'.  Either there are enough companies who are currently paying phone
bills who would rather subscribe to Stargate to get news faster, or there
aren't.   If there are, fine, the whole flow of news will speed up, and be
cheaper overall for the net.  If there aren't, also fine, the satelite
technology just hasn't matured enough for the cost-benefit ratio to exceed that
of long distance phones.
  Why can't the Stargate people look at this as a simple business decision,
rather than get religious about it, and trying to be coercive?  If Stargate
is to be open and Stargate content can be distributed, GREAT, there is a
significant chance my company would subscribe (and get reimbursed for part
of the cost by neighbouring sites).  If it will be closed, I'm sorry to hear
it, and I will probably start including these silly copyright notices, as I
am very concerned about the precedent that would be set for distribution of
intellectual property.
	../Dave
-- 
	../Dave Mason,	TM Software Associates	(Compilers & System Consulting)
	..!{utzoo seismo!mnetor utcsri utgpu lsuc}!tmsoft!mason

shap@sfsup.UUCP (03/27/87)

In article <759@looking.UUCP>, brad@looking.UUCP writes:
> 
> The service provided by stargate is, in theory, the moving of information
> from point A (say, Atlanta) to point B (say, a customer in Los Angeles).
> 
> It seems perfectly fair that Stargate and the LA customer could enter into
> a contract that says,
>    "I will move the information you request from Atlanta to you, so long as
>    you pay me and don't resell (or give away) this moving."
> 
> Perhaps some are suggesting that this sort of contract be illegal because
> it would forbid the reselling (or giving away) of PD information that was
> moved for a fee.  The point here is that what is being sold is the moving
> of the information, and you can't give away that moved information without
> also giving away the moving of it which is inherently within it.

The above statement is the crux of Brad's argument.  A little
more consideration about the implications of this should convince you
that this would be horrible when generalized.

If I pay for a point-A to point-B service, I can do whatever I want
with what goes over that service. This is legally upheld for a number of
good reasons, and I refer you to the court decisions regarding the
culpability of the telephone companies with respect to information
propagated over the phone lines. In a nutshell: the phone companies cannot
be held liable because they provide a point to point service and have no
involvement in the use of the service. Note that werethis a broadcast
service the ruling would not hold, nor does it hold if the transmitter
performs a substantive editing function.

If we believe your tenet, it follows that the transmitting agency is
*liable* for the consequences of the transmitted information. Given the
noise content of the net, STARGATE wouldn't last long.

In summary, STARGATE can copyright and/or restrict what it legally owns,
including digests, commentaries, etc. But it must abide by the law in
putting its documents together. If I restrict my article from inclusion
in a digest in the copyright, STARGATE cannot apply the laws which would
render ownership unto them.

Jon Shapiro

Copyright (c) 1987 Jonathan S. Shapiro. Copying without fee is permitted
provided that the copies are not made for direct commercial gain and
credit to the source is given. Inclusion in digests prohibited.