[rec.arts.sf-lovers] Copyright problems update

chuq@plaid.Sun.COM (Chuq Von Rospach) (09/08/88)

[For folks who didn't see the earlier discussions about this in SF-Lovers,
 a quick summary. Before I went on vacation, a copyrighted article written
 by Jack Chalker and re-posted it without permission to SF-Lovers in
 violation of the copyrights of both that article and OtherRealms.]

Here's the final update on the Jack Chalker copyright fiasco. I had the
opportunity to discuss it with Jack at Nolacon, and everything seems to have
been worked out. Saul Jaffe (moderator of the ARPA side of SF-L) was good
enough to not redistribute the violating material to the ARPA digests, so
the violation was limited to the USENET group. 

Jack's position is that since the reposting included his copyright notice it
doesn't impact his copyright on the material (it does violate the copyright,
but it does not put it in the public domain) so he's happy with the steps
that were taken and willing to drop things as they stand. He also points out
that the bibliography is available for publication, free, on request. Just
ask him (if you want to contact him, you can do it through me). The reasons
he has it copyrighted are:

	o He wants to know where it's being published.

	o He wants to guarantee that what is being published is what he
	  really said, not what someone else decided to write into his
	  mouth -- this becomes important because there is commentary in
	  that article as well as normal bibliographic information.

Since there was a meta-discussion about why someone would copyright a
bibliography in the first place (irrelavent to the situation but an
interesting discussion) I thought I'd pass along his reasoning.

So as far as Jack and I are concerned, the situation is over and the
problems resolved as well as they can be. It doesn't obviate the fact that
the copyright violation occurred, but everyone's satisfied it didn't do any
lasting harm to any of the parties involved. However, the net NEEDS to get
its act together and be more careful about stuff like this. Include the
standard rhetoric about paying attention to laws and things here -- I won't
bore you.

On related matters: I've had the OtherRealms fanzine archive-server disabled
until I could resolve this issue and decide whether or not the
archive-server itself violated copyright (was it really distributing
back-issues? Or was it actually republishing?) The question isn't
definitively answered and probably won't be any time soon, but because it's
distributing the original issues as is rather than individual articles, my
feeling (and the feeling of most of the people I've talked to about it) is
that it is best defined as a back-issue delivery service. 

Because of this, I've re-enabled the archive server, and you can now get
OtherRealms back issues again. Sorry for any inconveniences this might have
caused people. 

Finally, a couple of quick words about copyrights and OtherRealms. I
ran into a number of people at Nolacon who were getting bits and pieces
of OtherRealms -- with both the copyright and the my address stripped
off of them.

Besides the fact that this modification of OtherRealms violates the
copyright of the publication (which is a no-no!), stripping off the address
meant that those folks who got the modified version had no way of finding me
and getting the entire magazine. I'm going to be working with some of these
people to try to backtrack to the source of their copies (networks can be a
royal pain sometimes) but a general comment to people who redistribute
OtherRealms elsewhere:

	If you redistribute it, you must leave the copyright notices AND the
	my network and mail addresses on each part of the electronic issue.
	You're welcome to take parts of the issue if you don't want to
	redistribute the whole thing, but do NOT modify any part of subset
	the pieces in any way. You can not, for instance, simply take an
	article, strip the coprights, address or header information. Those
	are all violations of my copyright, and if I find you doing it,
	we'll be having words.

You may not think this is all very important, but it is. Why?

	o if I can't guarantee the copyright of my authors, my authors will
	  ask me to not publish their works electronically. If I don't
	  publish it electronically you don't get to see it.

	o if I can't guarantee my own copyrights, the future of OtherRealms
	  on the net is put in doubt. If I can't protect my work on the
	  net, I'll have to protect it by pulling it. This is something I'd
	  much rather avoid.

	o if you strip off the identifying information, the people who get
  	  it after you may inadvertantly violate copyright. That puts them
	  AND you at a legal liability.

	o if you strip the address information, people who want to get ahold
	  of me for submissions or subscriptions can't. You may have saved
	  yourself a thousand bytes or so, but you cause problems to the
	  people who get it from you later. 

Please. OtherRealms is a service I give the net happily. But if it gets
screwed up by others, I'll have to protect it and myself. I want to avoid
this, because nobody wins. I'm going to be rewording and copyrights and
re-arrannging the next issue of the electronic OtherRealms to make this more
explicit, but if people use a little common sense we can avoid problems.

To everyone I met in New Orleans, thanks! It was a jazz to sit and talk to
the folks who read OtherRealms -- the feedback and friendship makes the work
more than worthwhile!

chuq
editor/publisher, OtherRealms





Chuq Von Rospach			chuq@sun.COM		Delphi: CHUQ
Editor/Publisher, OtherRealms