bei@dogface (Bob Izenberg) (04/17/91)
CompuServe users have been seeing a demand that they go read the new CIS
rules for a week or two. Here's some of what they see when they do. The
messages below are found on different CIS "pages".
[ text captured from CompuServe follows ]
--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 publications. This copyright
is held in accordance with the 1976 Copyright Act of the United States.
A compilation copyright is granted when an organization collects
information in a lawful way, adds value to it, and offers it to others. In this
case, the CompuServe Information Service is a value-added product; CompuServe
Incorporated has committed substantial financial resources to collecting more
than 1200 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 that substantial investment from
unauthorized exploitation. This does NOT mean that CompuServe assumes ownership
of individual programs and databases provided to the system by subscribers or
information providers.
--IF I UPLOAD A SOFTWARE PROGRAM I'VE DEVELOPED TO COMPUSERVE, DO I STILL RETAIN
OWNERSHIP OF THE PROGRAM?
Yes, you do. CompuServe's compilation copyright does NOT supersede
individual ownership rights or copyrights to any of the material furnished to
the 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 bulletin board systems.
It should be noted, however, that CompuServe cannot grant any
redistribution rights for materials copyrighted by the author, unless
specifically authorized to do so, CompuServe does not own the material or the
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 placed on the
CompuServe Information Service without the author's permission. Only the
owner(s) or persons they specifically authorize may upload copyrighted material
to the Service.
Any subscriber may download copyrighted material for 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 directly from the
author. See menu choices 5,6 and 7 for more information about redistribution
guidelines.
PUBLIC DOMAIN
Any 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 subscriber 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 information about redistribution guidelines.
--AS A COMPUSERVE SUBSCRIBER, CAN I DOWNLOAD PUBLIC DOMAIN INFORMATION AND
SHAREWARE PROGRAMS FOR MY OWN USE FROM COMPUSERVE FORUM DATA LIBRARIES?
Yes, you can. Public domain information and shareware 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 BULLETIN 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 customer may download a file and share it with
others for no commercial gain -- either via a bulletin board service, diskette,
or other means.
A subscriber may not, however, download a large number of files for
redistribution via any means, nor is it acceptable for a subscriber to update
another bulletin board regularly with files obtained from CompuServe.
It's important to note that CompuServe cannot grant redistribution rights
for programs clearly copyrighted by the author, unless specifically authorized
to do so. Such permission must be obtained directly from the author of the
program.
--MAY I DOWNLOAD AND RESELL A PROGRAM FROM A COMPUSERVE FORUM DATA LIBRARY?
Commercial exploitation 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.
[ end of CompuServe policy excerpts ]
-- Bob
Bob Izenberg
cs.utexas.edu!dogface!bei [ ] "So young, so bad... So what!"
512 346 7019 Wendy O. Williams