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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)
- SEEN-BY: 1/100 17/39 100/255 103/602 107/7 107/27 107/103 107/134
- SEEN-BY: 107/312 107/316 107/414 107/602 107/801 109/483 114/14 115/729
- SEEN-BY: 119/1 120/20 120/38 124/102 125/2 125/21 129/28 132/101 137/30
- SEEN-BY: 150/1 150/190 150/200 150/601 161/1 161/2 161/4 161/8 161/34
- SEEN-BY: 161/77 161/509 161/594 161/613
-
-
- 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)
- SEEN-BY: 17/39 19/329 100/255 102/112 102/115 102/902 103/403 103/501
- SEEN-BY: 103/602 107/103 107/414 114/14 114/15 115/729 117/102 119/1
- SEEN-BY: 124/0 124/102 124/108 124/109 124/210 125/2 125/21 129/28
- SEEN-BY: 136/0 136/50 136/200 136/201 136/202 136/601 136/1986 136/1987
- SEEN-BY: 143/5 150/200 150/601 156/2 161/2 161/34 161/77 161/594
-
-