august@VLSI.JPL.NASA.GOV (Richard August) (12/03/87)
--WHAT IS A COMPILATION COPYRIGHT?
CompuServe has copyrighted the contents of the CompuServe
Information Service
as a compilation copyright, just as many
magazines and newspapers reserve such a copyright on the contents
of their publi
cations. This copyright is held in accordance with
the 1976 Copyright Act of the United States.
A compilation copyr
ight is granted when an organization
collects information in a lawful way, adds value to it, and
offers it to oth
ers. In this case, the CompuServe Information
Service is a value-added product; CompuServe Incorporated has
committed
substantial financial resources to collecting more than
400 databases and offering them in an organized, structured way
to
a defined user base through a nationwide telecommunications
network. The compilation copyright is intended to protect t
hat
substantial investment from unauthorized exploitation. This does
NOT mean that CompuServe assumes ownership of individu
al programs
and databases provided to the system by subscribers or
information providers.
--IF I UPLOAD A SOF
TWARE PROGRAM I'VE DEVELOPED TO COMPUSERVE, DO
I STILL
RETAIN OWNERSHIP OF THE PROGRAM?
Yes, you do. CompuServe's
compilation copyright does NOT
supercede individual ownership rights or copyrights to any of the
material furnished to t
he Service by subscribers or information
providers.
For example, a subscriber who creates a program and uploads
it
to a CompuServe forum data library STILL OWNS that program,
and may upload it to other information services and bulle
tin
board systems.
It should be noted, however, that CompuServe cannot grant
any redistribution rights for ma
terials copyrighted by the
author, unless specifically authorized to do so, CompuServe does
not own the material or th
e copyright. These rights must be
obtained directly from the author. WHAT IS COMPUSERVE'S STANCE
TOWARD COPYRIGHTED,
PUBLIC DOMAIN, AND SHAREWARE PROGRAMS?
Each of these types of property have special
characteristics,
and deserves separate explanation: COPYRIGHTED
MATERIAL
CompuServe does not allow copyrighted material to be place
d
on the CompuServe Information Service without the author's
permission. Only the owner(s) or persons they spe
cifically
authorize may upload copyrighted material to the Service.
Any subscriber may download copyrighted material fo
r their
own use. Any subscriber may also non-commercially redistribute a
copyrighted program with the expressed permission
of the owner or
authorized person. Permission must be specified in the document,
on the Service, or must be obtained direc
tly from the author. See
menu choices 5,6 and 7 for more information about redistribution
guidelines. PUBLIC DOMAIN
An
y subscriber may upload public domain programs to the
Service. Any subscriber may download public domain programs for
their own use or non-commercially redistribute a public domain
program. See menu choices 5,6, and 7 for more information
about
redistribution guidelines. SHAREWARE
Only the owner or an authorized person may upload shareware
programs.
Any subscriber may download shareware programs for
their own use, subject to the terms provided by the owner. Any
su
bscriber may non-commercially redistribute a shareware program
subject to the provided terms explicitly displayed in
the
software itself, or with permission of the owner or authorized
person. See menu choices 5,6 and 7 for more informa
tion about
redistribution guidelines. --AS A COMPUSERVE SUBSCRIBER, CAN I
DOWNLOAD PUBLIC DOMAIN INFORMATION AND SHAREWA
RE PROGRAMS FOR MY
OWN USE FROM COMPUSERVE FORUM DATA LIBRARIES?
Yes, you can. Public domain information and sha
reware
programs are uploaded to CompuServe data libraries by their
authors for use by other CompuServe subscribers. --
MAY I DOWNLOAD
PROGRAMS FROM COMPUSERVE FORUM DATA LIBRARIES AND SHARE
THEM WITH A FRIEND, OR UPLOAD THEM TO ANOTHER BULL
ETIN BOARD
SYSTEM?
In keeping with the spirit of the development of public
domain information and shareware, it
is not CompuServe's current
policy to prevent casual redistribution of this type of
information -- this is low
volume and low frequency use or
redistribution of information where no commercialism is involved.
This means that a cu
stomer may download a file and share it with
others for no commercial gain -- either via a bulletin board
service, dis
kette, or other means.
A subscriber may not, however, download a large number of
files for redistribution via any mea
ns, nor is it acceptable for
a subscriber to update another bulletin board regularly with
files obtained from CompuSer
ve.
It's important to note that CompuServe cannot grant
redistribution rights for programs clearly copyrighte
d by the
author, unless specifically authorized to do so. Such permssion
must be obtained directly from the author of th
e program. --MAY I
DOWNLOAD AND RESELL A PROGRAM FROM A COMPUSERVE FORUM DATA
LIBRARY?
Commercial exploitatio
n of material contained on the
CompuServe Information Service is specifically prohibited by the
CompuServe Service
agreement, to which each subscriber agrees
before being permitted to access the Service. Therefore,
subscribers
cannot lawfully download and redistribute public
information or shareware programs for personal gain.
In addition,
mass redistribution of public domain
information or shareware is also prohibited. Mass distribution
is defined
as high frequency and/or high volume transfers. --WHAT
ARE THE PENALTIES FOR VIOLATING THE COMPILATION COPYRIGHT OR
SER
VICE AGREEMENT PROVISIONS?
When a situation involving exploitation is brought to
CompuServe's attention, we inves
tigate and, if warranted, remind
the violator of the terms of the Service Agreement. If
subsequent violations
are reported, access to the CompuServe
Information Service may be terminated for the violator and, in
extreme cases,
a letter is sent from our legal counsel asking
that he or she cease and desist, or risk further legal action.
This is
done as a positive step to protect the value and use
of the material for CompuServe Information Service subscribers,
and
to discourage unauthorized redistribution of that material.
1. The CompuServe Information Service (the "Service") consists
of the use of the computing services, software and databases so
designated by CompuServe. These Terms and any Operating
Rules
published over the Service constitute the entire Agreement for
the Service and supersede all prior and c
ontemporaneous
statements, communications and documents. 2. Upon notice
published over the Service, CompuServe may
modify these Terms,
the Operating Rules, or the Service. Such modifications may
include, without limitation, pric
e changes, implementation of
user priorities and discontinuance of parts of the Service. Upon
at least six months' prio
r notice published over the Service,
CompuServe may terminate the Service. 3. Customer's use of the
Service is not t
ransferable and is subject to any limits
established for Customer's credit card or any limits established
by CompuSe
rve. 4. Customer is responsible for and must provide
all telephone and other equipment necessary to access the
Ser
vice. 5. The Service is provided on an "as-is, as-available"
basis. NEITHER COMPUSERVE, ITS DISTRIBUTORS, NOR ITS SUPPLIE
RS
MAKE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT
LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR
PURPOSE, WITH RESPECT TO THE SERVICE. Customer is responsible
for implementing sufficient procedures and chec
kpoints to satisfy
his/her requirements for accuracy of data input and output and
for maintaining a means external
to the Service for
reconstruction of any lost data. 6. Customer will not reproduce,
sell, publish, or in any m
anner commercially exploit any
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n, sale, publications or exploitation by
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benefit of Co
mpuServe and its data suppliers; any such data
supplier shall have the right to assert and/or to enforce such
provisi
ons directly on its own behalf. 8. In addition to connect
time charges, monthly minimums, and purchases made through the
Service, Customer will be responsible for payment of all premium
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time
charges when the Customer utilizes such services that generate
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will be performed in and governed by the
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Ohio. Any claims or causes of action related to the Service must
be instituted within one year after
the claim or cause of action
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CompuServe Information Ser
vice rates in effect for the billing
period in which the services are purchased and billed. I agree to
pay the validation
charge in effect at the time this Agreement is
accepted by CompuServe. I agree to the terms and conditions of
the Billin
g Option which I have selected and as published over
the Service. I shall maintain confidentiality of my password at
all
times and take responsiblity for its security. I have read
and fully understand the Terms of this Agreement and agree to
be
bound by them.
lity for its security. I have read
and fully understand the Terms of this Agreement and agree to
rve. 4. Customer is responsible for and must provide
all telephone and other equipment necessary to access the
Ser