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1993-03-21
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#800b
@001 Enter the name of the BBS system:
#end control section
#800b
/* Operations manual for a public access BBS system. */
Operations manual for BBS Co-Sysops of the @001 BBS System
Overall policy: The @001 BBS is a public access computer bulletin
board system. The @001 BBS operates in conformity with applicable
governmental regulations. This document outlines the policies and
procedures regarding the duties of co-sysops. The procedures
herein must be strictly followed. Any exceptions must be with the
prior consent of the Systems Operator. (SYSOP)
REGULATIONS REGARDING FILE UPLOADS
POLICY # 1: The @001 BBS System does not accept uploads of
software unless the software is properly distributable by BBS
system.
Explanation of Policy # 1:
Thus, uploads of public domain, shareware, works created by the
United States of America (federal government) and "freeware" are
acceptable, as are any programs which allow distribution via BBS
without charge.
Explanation: Under the federal copyright laws the owner of the
copyright to a computer program, or text, has the exclusive right
to authorize the distribution, whether for a fee or not of their
work. Since 1988, copyright occurs upon creation of the work. It
is not necessary for a copyright notice to be added to the work
for the item to be protected. [This explanation does not purport
to cover all issues related to copyright. In certain instances
this policy explanation is more restrictive than the law.]
You determine if a program is distributable by reviewing
documentation, or if there is none, the sign on screen, any
status lines and the sign off screen.
Many authors of shareware programs will include a "vendor.txt" or
"bbs.txt" file which should explain the software's status.
Many knowledgeable persons in the BBS field misuse the terms
copyright, public domain, shareware and freeware.
Shareware, public domain software and freeware are not terms
which are set in stone. The only way to determine what category a
particular item falls under is to review the documentation or the
program itself, and, in some cases, to contact the author.
You may presume that the documentation included with a program
correctly reflects the author's original intent, unless you have
a well founded reason to believe that the software was altered
before it was delivered to the system.
Public domain software is software that the author or owner of
the rights to the program waives all protection of any kind.
Unless the software waives and renounces copyright it is not
public domain. If an author indicates that the program can be
used without fee, it is not public domain, unless the author also
waives copyright.
Thus, the following documentation within software establishes
that the program is public domain:
Example 1: "No copyright is claimed"
Example 2: "This program is dedicated to the public domain"
Example 3: "This program is prepared by the United States
Government"; provided no disclaimers related to other portions of
the program are included
However, if the programs in example 1 and example 2 have a
copyright notice, they are still copyright. The most restrictive
notation applies.
A major shareware vendor, Public Brand Software, has coined the
term "bannerware" to describe software that requires no payment
to use, but, copyright has not been waived. Such a program, for
example, can be used, but it cannot be renamed and sold for a fee
by others. (A person could take a true "public domain" program,
rename it and sell it.) The author still keeps the other parts of
copyright law protection. "Bannerware" authors retain the right
to prevent the re-use of their programs, or alteration to their
programs. This "$ 0" shareware is therefore a hybrid. Unless BBS
distribution is prohibited (and to date there isn't one that we
know about) then bannerware is acceptable for posting.
The following documentation within software establishes that the
program is bannerware:
Example 1: "This program is copyright. No registration fee is
charged to use it"
Example 2: "Feel free to use this program without payment"
Presumptively, all shareware is copyright software. Thus it is
incorrect to say "this BBS does not accept for upload copyright
software." Shareware is (usually) copyright software in which the
author allows a version of the program to be freely distributed.
Shareware is thus copyright software like standard software that
you buy shrink wrapped at a computer store, except that the
author as allowed certain versions of the program to be
distributed without payment.
Thus, the following docuemntation within software establishes
that the program is shareware:
Example 1: "This program is shareware, but, after reasonable use,
you must register."
Example 2: "This program may be freely distributed by BBS
systems"
Example 3: "This program is shareware and is authored by a member
of the ASP" (unless the vendor.txt, sysop.txt or bbs.txt indicate
otherwise)
Example 4: "Feel free to share this program with friends or user
groups. However, after a trial period, you must register."
Example 5: "No registration fee is required if you use this
program for personal use. Governments and businesses must obtain
a license."
POLICY # 2: Upon the request of either the owner of the copyright
(or appropriate agent of the owner) or the user of this BBS who
uploads a file, files will be deleted from the system.
Explanation: The Copyright Code generally provides that the owner
of copyright has the exclusive right to authorize distribution of
the work. The Copyright Code does not give an owner of copyright
the right to recall previously released software. However, this
system will as a matter of professional courtesy delete files
upon request of the author or the person who uploaded the file.
If the co-sysop is unsure if the person requesting deletion is
the author, written verification under oath may be requested. The
co-sysop has discretion to temporarily remove a file pending
receipt of verification.
POLICY # 3: Co-sysops will review all complaints received
regarding files in a timely fashion.
Explanation: If a user complains that a file is corrupt or
otherwise defective or harmful the area co-sysop should review
the complaint and reply to the user. A file may be removed by the
co-sysop if the software appears to violate the law, or there is
other good and sufficient reason to prevent downloads. However,
program "bugs" are not a sufficient reason to remove a file. One
person's bug is another's feature, and,
REGULATIONS RELATED TO MESSAGING
Policy # 1: Except for specifically designated "flame" echos
personal attacks in messages are not acceptable and will be
removed without further public mention. A private notice that the
"flame" was removed will be sent to the originator of the flame.
Repeated and persistent violators of this rule must be reported
to the sysop.
Explanation: The general practice of the BBS industry is that ad
hominem and insulting language will be restricted to specifically
identified flame areas, so that only those who want to read and
send such messages will be subjected to them. Further, publicly
posting a notice
Policy # 2: Debates or