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Gigarom Macintosh Archives (Quantum Leap)(CDRM1080320)(1993).iso
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Sysop⁄BBS Law.cpt
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Sysop_BBS Law
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1991-09-14
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157 lines
The following review of SYSLAW, the SYSOP'S LEGAL MANUAL was written by
Charles and Kathryn Brocato, and originally posted on May 28, 1991, on
the Golden Triangle RBBS in Beaumont, Texas. It is reprinted here with
the expressed permission and consent of the Brocato's.
SYSLAW
(The Sysop's Legal Manual)
A Review
by
CHARLES and KATHRYN BROCATO
This is the first book of its kind dealing with BBSs and legal matters;
as the courts define BBS crime and precedents are set, one can only expect
to see more of this genre about.
The stage was set when the Electronic Communications Privacy Act
(ECPA) was passed by the Congress in the latter part of 1986.
This book is valuable to both the BBS owner and the BBS user alike.
Written by two attorneys, Jonathan Wallace & Rees Morrison, Esqs., the
book lacks cohesiveness; whereas, if written by a professional writer,
it might have been more flowing. However, don't let this deter you--it
is still chuck full of valuable nuggets of information.
After reading the book, Charles did something similar to what the
President of International FidoNet Association (IFNA), Don Daniels, did--he
spent time online reviewing his messages and deleting those that could
cause problems. Mr. Daniels cut his FOREWORD to SYSLAW short to make
the recommended changes to his BBS.
One item the book points out is that uploading a magazine article,
even though you give full credit to the author and to the magazine you
took it from, is illegal. The key words here are "unauthorized republication"
of a copyrighted work. Many assume that if you give full credit, then
this releases you from culpability, but this is not the case! I have
seen this gaffe constantly on boards all over the country, even on boards
I knew were the best -- and uploaded by the BBS owner, of all people!
The BBS owner learns how to prove the "intent" of his bulletin board
system. For instance, if a user uploads a copyrighted program and the
copyright owner sues, how does the BBS owner prove his board is a legitimate
board which is not in business to encourage this sort of thing?
The attorneys are quick to point out, you can be right; but you,
the BBS sysop, *must* prove the board's intent for honesty when illegal
software is uploaded to your board. This is done through a number of
ways. And more than one is necessary; and some need to be repeated at
regular intervals through ALL & BULLETIN messages, other than just at
log on times. The caution is: even if no wrongful intent can be proven
against you, the financial burden and strain can be onerous.
At a recent advanced computer workshop, Charles learned that WordPerfect,
Microsoft, and Lotus have formed an organization that watches software
piracy for them and have proven illegality, prosecuted, and collected.
Another organization (it may be the one formed by them), Software Publishers'
Association in Washington, D.C., has, on occasion, offered rewards on
software piracy information.
SYSLAW is adamant on libel and mistakes posted on a BBS. Statements
made on a computer BBS that impugn the integrity of another is LIBEL--not
slander. Slander involves *verbal* communication; Libel involves *written*
communication. Some of the 'flame' mail or implied statements impugning
the character of another not only can get impugner sued, but the sysop(s)
of the board; the board owners, as well as anyone participating in the
conversation. Charles telephoned New York city and spoke personally with
the revising author of the second edition, to tentatively be released
in late summer. The attorney told him, lawyers have the habit of suing
everyone connected to a case. In one of Charles' medical journals, a
surgery that went sour-- everyone was sued. The surgeon, assistant surgeon,
nurses, anesthesiologist; even the poor doctor who stuck his head in the
operating arena, masked, and asked how it was going! The theory, he understands:
if you don't have any money, someone else might.
The authors point out that a sysop 'hauled' into court by media lawyers
will first have the court decide if you're a Media Defendant, in which
case, you have certain protection under the First Amendment to the U.S.
Constitution, as interpreted by the Supreme Court of the United States.
Under Non-Media Defendant, if being sued for character assassination,
due to what was said on your bo°≠/ you're at the mercy of the laws of
the state. Laws differ from state to state regarding BBSs. The authors
urge everyone, in their best interest, to ascertain if their state has
a computer crime code and become acquainted with it.
In one case I read of, the Federal Marshals/FBI not only seized the
computer and its peripherals; but notebooks, phone list, notes scribbled,
as well as tape recorders, and anything that looked electronic. When
and if it is returned, you can expect damage to your equipment.
This fascinating book covers the ECPA and how it affects you. It
further details "Searches and Seizures" under the Fourth Amendment. Wallace
and Morrison outline certain rules to follow and what to do if the inevitable
happens. They discuss CIVIL SEIZURES--system operators are often amazed
to find that the claimant can obtain the rights to your BBS equipment,
under certain civil litigation suits--notwithstanding the usual safeguards
in a criminal search warrant.
One of the closing chapters in their excellent book is on when to
see a lawyer; how to find a knowledgeable attorney in the BBS field; his
cost; what the lawyer will expect from you and what you should expect
from him.
These are just some of the nuggets of information that we found to
be real gems. There are many more--get the book, it will help you become
a better BBS sysop, user, and human being.
I'll send up shortly information on where the book can be purchased.
....Sincerely, ..Kathryn & Charles
SYSLAW
(The Sysop's Legal Manual)
WHERE TO GET IT
by
CHARLES and KATHRYN BROCATO
This is a book about BBSes "for law-related material. Sysops who
are particularly concerned with legal issues should buy a copy of this
book. Ignorance is no excuse before the law," according to author John
V. Hedtke, in Using Computer Bulletin Boards.
However, if you tried to locate a copy of this fascinating book,
you soon discovered it was no where to be found. The reason is that its
authors, Jonathan D. Wallace, Esq., an attorney by trade, published the
book himself last year and has since left the legal business, and his
interest in computers has led him into software enterprises. The co-author,
Rees Morrison, Esq., is now involved in finance.
Lance Rose, Esq., also an attorney in New York city, has taken over
Jonathan Wallace's law practice. He also has taken over responsibility
for revising SYSLOW. "The first edition is officially out of print,"
but what he is doing is providing copies to interested persons as a courtesy,
until the second edition previews optimistically in late summer this year.
The original price of the first edition was $25; Mr. Rose is selling
the book for $17.50.
He is negotiating with major publishers at this time, such that the
second edition can be purchased at local bookstores. The first edition
is legally sound; but the second edition will have a lot more information
and possibly a number of reports on case highlights regarding BBSes.
For interested persons, a check (no CODs) may be made out to:
Lance Rose, Esq.
c/o
Greenspoon, Srager, Gaynin
Daichman, & Marino
825 3rd. Avenue
New York, N.Y. 10022
Mr. Ross, Esq., may also be contacted on CompuServe (72230-2044)
or The Well, through his account ID, ELROSE. One may further reach him
at his law firm at the following telephone number: 212-888-6880.
....Kathryn & Charles