[comp.dcom.modems] Copyright: The Gospel according to CompuServe!

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 
information  obtained  through the Service or participate  in  or 
allow  such reproductio
n, sale, publications or  exploitation  by 
any person. 7.  The provisions of paragraphs 5 and 6 are for  the 
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 
program charges, transaction charges, and/or add-on connect
  time 
charges  when the Customer utilizes such services  that  generate 
these  charges, and for any surcharges incurred whi
le  using  any 
supplemental  networks other than CompuServe. 9.  This  Agreement 
will  be  performed in and governed by the 
laws of the  State  of 
Ohio.  Any claims or causes of action related to the Service must 
be instituted within one year after
 the claim or cause of  action 
has  arisen  or be barred. Service Agreement I agree to  pay  the 
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