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1987-05-25
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#349 9 Tue 7 Oct 86 23:01
From: Bob Klahn
To: All
SEE ALSO #362
Subj: The CompuServe facts, firsthand.
As I promised earlier, here is the straight poop regarding the "Great
CompuServe FidoNet Misunderstanding". (To whom it may concern: please be
SURE of your facts next time!)
Written by Neil Shapiro, Sysop of MAUG(tm) on CompuServe.
He has given permission to circulate this to all interested parties.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Many of you may have read the article in INFOWORLD about how CompuServe
lawyer's contacted BBS Sysop Steven Sande. Most of INFOWORLD's article was
based on allegations made by Steven Sande and INFOWORLD printed these
allegations as truth. The allegations made are simply not true. The facts of
what happened are as follows:
1) CompuServe received a complaint from the author of a copyrighted program
More? y
that his program was being published by Sande's Mousetrap BBS without the
author's permission. The author also indicated that Sande had many other
non-Public Domain programs on his BBS. Note: Copyrighted program, not a
public-domain program.
2) CIS asked me to call the BBS and verify the author's complaint. Sande's
short bulletin (signed with his nom de plume of "Captain Mac") specifically
stated that Sande was going onto GEnie, CompuServe and Delphi every week to
download all of their files and that if you sent him $25 to join his service
there was no longer any need to join any of the networks. His short bulletin
did not state he was downloading public-domain files but said all files and
specifically stated commercial redistribution.
3) At the same point in time Sande left a message on MAUG(tm) also stating
that all files (not just public-domain) were being offered on his BBS. I
deleted that message and sent him an EMAIL reply explaining that many of our
files were copyrighted by authors and that it was unethical to take such files
without the authors' permission.
4) CIS' lawyers sent Sande a note which did NOT ask him to close his BBS but
simply asked that he cease the illegal acts above.
5) Sande left many messages on such networks as FidoNET claiming that CIS had
told him to close his BBS and that it was public-domain files that were at
issue. This is simply a misleading statement. CIS did not ask him to close his
board. The files at issue were copyrighted files which CIS had received author
complaints over.
6) It is important to keep in mind that Sande's BBS was a commercial venture.
It is also important to keep in mind that Sande specifically stated in his
short bulletin that he was making network compilations of data available
commercially.
7) CompuServe and MAUG are not attempting to "threaten" any BBS system. BBS
systems are the heart and soul of telecommunications. But the sysop of a BBS
must operate within certain ethical and legal guidelines. One of these, as
should be obvious, is that you do not use a copyrighted file without the
permission of the author.
---
* Origin: Micro Solutions, Wilmington DE (150/1)
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Read Message:
[358] 1 - 368 R K E N P - + Q or ? for help: 358
#358 8 07 Oct 86 12:33:24
From: Efraim West
To: All
SEE ALSO #363
Subj: Compuserve 'explains' their policy
Date: 30-Sep-86 18:20 CDT From: CompuServe [70006,101]
To: Dwight M. West Subj: Feedback reply
Fr: JoAnn Iven, Customer Service Coordinator
.
Although I am not a legal representative of our company, I will
attempt to answer your question. As you are aware, the entire
contents of the Service is copyrighted as a collective work.
Subscribers who upload material they have copyrighted do not
relinquish their copyrights, rather the material is placed under
the additional CompuServe copyright.
.
CompuServe's copyright rule protects the subscriber who holds the
original copyright by preventing the reselling of material that
they have made available on CompuServe.
.
By uploading material to CompuServe, the copyright holder is
granting CompuServe permission to republish the material in that
database. If another subscriber downloads the material and
attempts to re-sell it, CompuServe then has the right to take
legal action against that person. Without the CompuServe
copyright, only the individual copyright holder with have a legal
recourse.
.
So, the CompuServe copyright actually protects subscribers who
have uploaded material that they have copyrighted onto the
Service.
.
In the case of public domain software, the writer of the program
has given up his legal rights to the program by not copyrighting
it and allowing it to enter the public domain. The programs can
then be distributed. The problem comes up when someone attempts
to SELL a program which they have downloaded from CompuServe, and
to which they have no legal right. In these cases, CompuServe
will take legal action if necessary.
.
The intent of our copyright is not to deny the downloading of
true public domain software, rather it is to encourage the
continued existence of public domain software and to protect the
system that has made the distribution of public domain software
possible.
.
If you require a legal description of our copyright policy, I
recommend you write to our legal department.
.
Thank you.
--- v1.36
* Origin: CHAI_Way_SEAdog (512) 388-3464 - Austin, Tx (136/200)
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