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▀▀▀▀▀▀ ▀▀▀▀▀ ▀▀▀▀▀▀▀ ▀▀▀ ▀▀ ▀▀▀▀▀▀▀ ▀▀▀▀▀▀▀▀ ▀▀ ▀▀ ▀▀ ▀▀ ▀▀▀▀ ▀▀ ▀▀ ▀▀ ▀▀ ▀▀▀ ▀▀▀▀▀ ▀▀ ▀▀ ▀▀ ▀▀▀▀▀ ▀▀ ▀▀ ▀▀ ▀▀ ▀▀ ▀▀ ▀▀▀▀ ▀▀ ▀▀ ▀▀▀▀▀▀ ▀▀▀▀▀ ▀▀▀▀▀▀▀ ▀▀ ▀▀▀ ▀▀▀▀▀▀▀ ▀▀ ╔════════════════════════════════════════════════════════════╗ ║Vol 2 This Month's Features of IceNEWS Issue 1║ ║ Feb ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1993 ║ ║ ║ ║ 1. Software Piracy, The Law & Sysop Responsibilities. ║ ║ ║ ║ By: Don Christopher Kassay ................ 1 @9952 ║ ║ ║ ║ 2. How to be a Good Cosysop - by Louie............6 @1 ║ ║ ║ ║ 3. Mod of the Month - WFC_Screen - by Odin....... 1 @7664 ║ ║ ║ ║ 4. Rusty 'n Edie's BBS Busted for Software Piracy. ║ ║ ║ ║ From Master Mechanic....................... 1 @6461 ║ ║ ║ ║ This Month's Editors: Louie 6 @1 and Zeus 2 @7664 ║ ╚════════════════════════════════════════════════════════════╝ ╓──────────────────────────────────────────────────────────────────────────╖ ║ ║ ║ 1. Software Piracy, the Law, and Sysops Responsibilities - Part 2 of 2 ║ ║ ------------------------------------------------------------------- ║ ║ By: Don Christopher Kassay ║ ╟ ║ ╙──────────────────────────────────────────────────────────────────────────╜ Since last month's article pertained to Software Piracy and the Law, this month's article will focus mainly on Sysops and their responsibilities in operating an Electronic Bulletin Board (BBS). Introduction ============ Since the introduction of the first computer in the 1950's. We have been striving to develop a symbiosis between ourselves and the enigmatic computer. From its embryonic stage to present day, the computer has presented us with numerous opportunities and ever-expanding ingenious methods for doing things. However, nowhere else has this technological marvel made greater impact in our lives than in the area of communication. In times past, computer-based communications were typically performed by experienced programmers or very dedicated computer hobbyists who had both the knowledge and tenacity to forge ahead. Today, microcomputers are in the hands of non-experts; ordinary people, who do not possess the knowledge or understanding of the total scope and potential represented by the very machine they use for business and fun. Many of these people take great pleasure in communicating with others through their computers, and they do so readily and frequently, often completely unaware of the underlying legal consequences involved... This is why it is SO important that the OWNER/OPERATORS (hereinafter referred to as SYSOP(s)) of Electronic Bulletin Boards (hereinafter referred to as BBS System) be very cautious and concerned in how they operate their respective BBS Systems.. Most Sysops have very little knowledge regarding the LAWS governing Electronic Communications; in this case BBS Systems. Most Sysops do not realize that their BBS System, in its entity, is, indeed, an information system and as a result, The Sysop(s) is also in the "Construction Business", i.e. they build their framework and foundation from which his/her BBS System operates. A Sysop must recognize that ALL components of his BBS System are necessary and MUST perform as intended. A Sysop inspects the results, and makes adjustments accordingly. The Control mechanism represents the entire Legal, Social and Economic Environment under which the system performs. In the following article, I hope to help Sysops understand what their ROLE is in operating a BBS System. However many of the aspects are beyond the scope of this document. As a result, we shall examine the 'Legal Aspects' ONLY. The first of these involves a brief summary describing the methods by which users access the 'Information Center'. First, what is a Sysop; sometimes referred to as a System Operator..? A Sysop is: 1. An information Broker; 2. A Data Center Manager, and 3. An Information Resource Manager Well, I can hear it now..."I only started my BBS System for FUN"...Well it does NOT work that way..When you started your "BBS System for FUN" you also got the FCC involved (You are using telephone lines for communicating) and there are state and federal laws that YOU MUST abide by.. As an Information Broker, the Sysop obtains information from a variety of sources, stores it, and provides others access to it. He is responsible for updating the information and for maintaining the hardware and software needed for its storage and its access. As a Data Center Manager, the Sysop provides assurances to users that the information, along with the hardware and software used to store it and maintain it, are reliable, safe and secure. One aspect that CANNOT be ignored in his role as a Data Center Manager is that which necessitates his providing for the integrity of not only the service itself, but of all who access it. The Sysop provides a service, one that is expected to promote a healthy, constructive, legal environment may derive information and enjoyment. As an information Resource Manager, the Sysop has the underlying commitment to integrate his role of Information Broker with his role as Data Center Manager. This responsibility deals with the BBS in its totalilty, i.e. an information system that combines hardware, software, information, users, and Sysop into an integrated whole.. Sysop Responsibility To The General Public ========================================== When you started your BBS System, whether for FUN or PROFIT, and you advertised your BBS System either by word-of-mouth or through one of the numerous BBS Listings or Magazines, you were INVITING Patrons to call your BBS System. In a LEGAL sense, this invitation to participate in your BBS System may well be defined as an act by which the Sysop solicits or incites others to make use of his BBS System for the purpose he intends. An invitation may also include an inducement on the part of the Sysop to others that provide them with a reasonable belief of a least three (3) legal concepts; 1. The Attractive Nuisance Doctrine 2. The Nature of the Invitee (The person Invited) 3. Trespass Briefly put, Attractive Nuisance Doctrine deals with the perception of the BBS as being a source of danger or harm to CHILDREN. The Sysop, as an inviter, is under a LEGAL DUTY to take appropriate precautions to prevent injury or harm to the children who he knows can or will access his BBS System, or the children who will be attracted to access his BBS System. A Sysop SHOULD consider this doctrine if and when he invites others to visit by expressing or implying the availablity of "PORNOGRAPHY" or "ADULT-ONLY material available on his BBS System. Nature of Invitee ================= The LAW defines an invitee condition when the following conditions are met: 1. The visitor entered by invitation 2. The entry itself is connected with, in this instance, the BBS System or connected with what the Sysop permits to be conducted on his BBS; and, 3. Both the invitee and the Sysop derive a benefit, or, more importantly, just the Sysop derives a benefit from the invitation. Legal experts are in basic agreement that if and when the Sysop encourages others to access his BBS System, particularly if it is intended to further the Sysop's own purpose -- as both hobbyist - and business-type-systems tend to do, that the Sysop has exercised reasonable care to make the place safe and secure for all who visit.. Trespass ======== Trespass provides for some interesting implications. The courts have generally interpreted trepass to be an "unlawful interference with one's person, property, or rights." In view of a BBS System, trespass may be regarded as any unlawful act that damages the system itself, the reputation of the Sysop, or the reputation (or even the property i.e. computer system) of the USER. The unlawful act may include actual or implied violence, such that the result caused injury or harm to befall a person, a person's property, or a person's relative rights. Subscription ============ A second alternative involving access to a BBS System is the SUBSCRIPTION.. Many of the concepts involved in an invitation are also encountered in a subscription access, with some important differences. A subscription is a legal and binding contract. The Restatement of the Law of Contracts, Section 1, states that, "A contract is a promise or a set of promises for the breach of which the law gives remedy, or the performance of which the law in some way recognizes a duty." The contract may be an express contract, in which both the Sysop and User demonstrate their mutual agreement through words, which may be either written or spoken. In addition, the contract may be implied-in-fact, in which both the Sysop and the User demonstrate their mutual agreement based upon their conduct. In many instances, the act of inviting users to subscribe, i.e., pay for, a subscription to a BBS presents a clear intention on the part of the Sysop to contract. This is referred to as an "Invitation to Trade". This special type of invitation may be accepted in one of several ways. A common approach is referred to as the "Deposited-Acceptance-Rule". Under this rule, an offer is considered accepted the moment the user, for example, places his acceptance into the same or better channel of communication as used by the Sysop to place the offer. The offer is considered accepted as soon as the acceptance leaves control of the user. This may include mailing of a check, or the sending of a Feedback or E-mail message. License ======= A third, and final access alternative is the LICENSE. A LICENSE is defined as the permission by a "Competent Authority" for someone else to do something, which, without such permission, would be illegal, a trespass or a tort. This alternative is typical in many situations, though it may not be recognized as such. However, it is particularly appropriate in a Network configuration. Under the Network approach, a Sysop is granted "Permission" to access another BBS System directly, for the purpose defined by the "License-of-Access agreement". Such purposes typically include the exchange and transfer of mail and messages. The "License-of Access Agreement" usually contains a set of procedures or guidelines that define the boundaries and policies of the Network, and, in a sense, governs the manner in which the Network is operated and accessed in at least an administrative sense. Violations of this agreement by a "Licensee" may serve cause for the administrators of the Network (the Licensors) to seek various remedies. However, at least one area that is a bit unclear in a "License Agreement" for Network access is the issue of 'Liability', i.e. as pertains to the effects of 'Malfeasance' (the doing of a wrongful or illegal act) on the part of one Network NODE and the exposure of the other Network NODE(s). Some questions that have been brought to my attention and the attention of other attorneys are including Congress are: 1. Is the 'Liabiltiy' of one Node assumable by another Node? 2. Are there possible or potential class actions that the Network and Nodes are exposed to? 3. How does an identity relationship define the extent to which a Node may lose its unique identity and be classified as merely a member of an overall networked system? For example, how does the user perceive the Node's identity? Is it considered an individual BBS? Is it merely one area of contact, whereby one Node is merely an extension of the overall Network System? Or, something in between? In this regard, the Sysop's view and the User's view may not converge. In other words, is the Node truly a Node? Or is it merely an individual BBS System that happens to be temporarily "plugged into" a larger structure of configuration? And, of course, what is used to define that structure and/or configuration.. Mail and Messages ================= At this time in our discussion of computer law, we will talk about a subject that concerns most Sysops, and that is the 'responsibility of Sysops to manage their 'Information Data Bases', i.e. Electronic mail and messages. We shall examine this resource in a manner that is consistent with the Sysop being an 'Information Resource Manager', and that views the BBS System as a true information and communication medium. Not only is 'Electronic communications growing faster than the traditional media of "publication", but also this mode of delivery is bringing the press, journals, and books into the electronic world. One question raised by these changes is whether some social features are inherent in the electronic character of the emerging media. Are electromagnetic pulses simply an alternative conduit to delivery of whatever is wanted, or are there aspects of electronic technology that make it different from print -- more centralized or more decentralized, more banal or more profound, more private or more government dependent? The electronic transmission of the media occurs not in a vacuum, but in a specific historical and legal context. Freedom for communication has been one of our proudest traditions, but, just what is it that the courts will protect, and how does it differ from how the courts will act when the media through which ideas flow are computers? What images do policy makers (Legislation) have of how computers work? How far are these images valid? What will happen to these images when the facts change. In each of the three parts of communications system -- print, common carriers, and broadcasting, the law has rested on a perception of technology that is sometimes accurate, often inaccurate, and which changes as slowly as technology changes fast. Each new advance in the technology of communications disturbs a status quo. It meets resistance from those whose dominance it threatens. Initially, because it is new, the invention comes into use in a rather clumsy form. Technical laymen, such as judges and politicians, perceive the new technology in that early, clumsy form, which then becomes their image of its nature, possibilities, and use. The perception becomes an incubus on later understanding. The courts and regulatory agencies in our system enter as aribters of the conflicts among entrepreneurs, interest groups, and political organizations, all battling for control of the new technology. These arbiters, applying the familiar analogies from the past to their lay image of the new technology, creates a partly old, partly new structure of 'Rights and Obligations'. The legal system thus invented may in some instances be a 'tour de force' of political creativity, but in other instances is much less worthy. In many instances, the system thus created turns out to be inappropriate to the more habile forms of the technology that gradually emerge as technology progresses. Yet, within this context, and within the boundaries applicable to our BBS environment, two important legal issues are so ever present: 'Libel and Privacy' ================= These two topics could be written as a separate article by themselves, but they are important issues that are being discussed by law makers at this time, so I am going to briefly discuss each one. It is very difficult to keep this simple, because to understand 'Libel and Privacy', you must know what they mean in legal terms in order to understand how they you as a Sysop can be affected. The legal definition of 'Libel' is: A tort consisting of a false and malicious publication printed for the purpose of defaming one who is living (spoken defamation is called 'Slander'). In tort law, only a living person may be defamed: statutes in several states have made defamation of the dead a crime but no civil liability has been implied. Prosser & Keetton. Torts 795 (5th edition 1984). "Libel" includes "any unprivileged, false and malicious publication which by printing, writing, signs or pictures tends to expose a person to public scorn, hatred, contempt or ridicule...and also embraced therein is any such publication that relates to a person's office, trade, business, or employment, if the publication imputes to him or her some incapacity or lack of due qualifications to fill the position or some positive past misconduct which will injuriously affect him or her in it...252A. 2d 755, 722. (The truth of the published statement creates a valid defense to an action for libel). NOTE: The 'First Amendment' protects the press against certain 'Libel' unless actual malice is shown. Public officials i.e governor, president, judges, district attorney , and public figures i.e. entertainers, movie stars, etc. MUST prove that the published information is 'False' and that the defendant published it with reckless disregard for the truth. 376 U.S. 254 (public Officials). 388 U.S 130 (public figures) In contrast, the common law presumed that published information was false and forced the publisher to prove its truthfulness. The constitutional limitation does NOT apply to defamation by a 'Newspaper of private persons, where only some degree of fault on the part of the newspaper is required 418 U.S 323, 347 There is NO question that "Danger' of Libel Abuse exists, and that the BBS arena provides a forum that may be used to proliferate the potential for abuse. The New York Times rule arms the irresponsible as well as the responsible 'journalist' with a weapon of awesome power. The privilege of 'publishing' is constantly being expanded. Fair comment is becoming easier and easier to invoke. Malice is harder and harder to prove. Undoubtedly, some people misuse their power. Untruths can lead to personal injury; misstatements of facts do result in the adoption of unwise polices. Good people are sometimes maligned and bad people do sometimes prevail. Without question, writers, journalist, and Sysops who want to destroy a person may have a good chance of doing so and getting away with it. But, the trend toward freedom must be considered in proper legal context. From its beginnings, the law of defamation has evolved by the balancing of conflicting interests, the interest of the individual in the protection of his or her reputation, the interest in the writer in communicating facts and ideas to his or her readers, and the interest of the public in information. However, we are not homefree just because we may decide to erect a defense against libel. There is a growing trend in law that poses increasing dangers; the concept of 'Privacy'. Privacy ======= The legal definition of 'Privacy' is "The 'General Right to be left Alone'. 389 U.S 347; "The Right to Live Life from Unwarranted Publicity". 127 So. 2d 715, 716.A. "To be inherent in the concept of ordered liberty, including protection from governmental interference (in the areas of) intimate personal relationships or activities, freedoms of the individual to make fundamental choices involving himself, his family, and his relationship with others". 540 S.W. 2d 668, 679. "The right is NOT absolute and so does not apply to private conduct harmful to individual participants or to society". 533 F. Supp. 1121. It must be noted here that the Federal Constitution DOES NOT explicitly provide for this right, "zones of privacy may be created by specific Constitutional guarantees and impose limits upon governmental power". 424 U.S. 693, 712. These 'Zones' have been implied from the general thrust of the "Bill of Rights", 381 U.S 479, and specifically the 'First, Third, Fourth, Fifth, and Ninth Amendments, which cover a broad spectrum of areas from 'Abortion (subject to certain state regulations) 410 U.S 113, to counsel married persons concerning birth control, 381 U.S. 479, to possess or view 'Obscene' materials in the home, 413 U.S. 49, and to keep certain types of information private, 440 U.S. 301, 318. Invasion of ones privacy constitutes a tort for which remedies are available. The four different types of torts are: (1) appropriation, or the use of a person's name, picture, or likeness as a symbol for his or her identity without compensation; (2) an intrusion upon a person's physical solitude or seclusion; (3) the public disclosure of private facts; and (4) placing a person in a false light in the public eye by associating this person with beliefs or activities with which this person has NO connection. Prosser & Keeton Torts 117 (5 ed. 1984). Privacy of personal information is something that Sysops should be very concerned with because it could be a significant factor in determining how you change the operation of your BBS System. When it does, its effects will be felt throughout the BBS community. Because of the special nature of personal information, it may be looked upon as having a new status. The most important attribute of this new class of data is that it may no longer be fully under the Sysop(s) control. Underlying most of the privacy legislation is the realization that the individual has a proprietary interest in this information. You cannot unilaterally decide what to do with it. Society, and the law, are there, leaning over your shoulder, each and every time you access or use someone's personal information. Modern technology seems to be exhibiting all of the foibles that its detractors had hoped for. The result: a somewhat skeptical public. Users may have legitimate concern about the amount and quality of personal information you maintain in your system, and what you are doing with it. What seems to be more and more apparent is the reticence on the part of users to take part in an arrangement where they feel that the information collection process is infringing on their privacy. What happens if and when a user is dissatisfied with the way you are treating their information? You need to get personally involved, and unless you address the problem head on, you may end up fighting it out in "Court". A good point to remember is: "Every American Citizen has the 'Right' to express his ideas, his opinions and his sentiments. The content of those expressions is within the personal discretion and judgment of the individual, though it is NOT free from control. If the expressions are "Dangerous, Illegal, or offensive when they are made, then the person is subject to the consequences and the penalties imposed. Although the will of the individual to express himself is 'Free from Restraint', it is the abuse of that 'Free' will which is the object of the punishment. Information is 'Power'. The leverage provided by information can be demonstrated in many ways. Therefore, a simplistic rule is that the more information you have about someone, the more power you have over them. Of course, running contrary to this is the issue of privacy, often viewed as diminishing one's power. Adding this all up.! What it means is that more and more the individual is being perceived as a passive source of information for the automated system. With each new development or application put in place for the good of individuals will also come an assault on their person freedoms. All of this represents new challenges to our current concepts and controls of privacy. Here is a simple story to emphasize the point. Back in September of 1985, one of the major computer trade journals, 'Computer World', reported the following: In an effort to identify people who fail to file tax returns, the Internal Revenue Service is matching its files against available lists of names and addresses of U. S. Citizens who have purchased computers for home use. The IRS continues to seek out sources for such information. This information is matched against the IRS master file of taxpayers to see if those who have not filed can be identified. Individuals who purchase computers for home use, tend to represent a segment of the population that may be classified as middle - to upper-class. In addition, the IRS wishes to 'monitor' the deductions taken by these people. This plan raises a great deal of concern among privacy advocates who fear that this method of information-gathering, while perfectly legal, may dangerously increase IRS capabilities and put citizens in jeopardy of government investigations solely because of unverified life-style data suppled by third parties. As a Sysop, you maintain user files. Who is to say that the IRS will not approach you and somehow obtain your user-file data? What would you do? What may other, less scupulous Sysops do? Outside Forces That Affect How We Operate Our Computers ======================================================== At this point, I feel I MUST discuss an 'Outside Force' that has a great impact on how Sysops and computer owners operate their BBS System and Computers. This outside force is something that most of us NEVER consider, especially if we are operating our BBS System for FUN. The subject is TAXES and how they may impact the nature of your BBS, particularly if you are also a 'Shareware Author'. Beginning in the 1985 Tax year, the government began to tighten the screws on how we deduct the 'Use' of our computers. First, there were new tax laws that limited the eligibility of home computer owners to take deductions for their home systems, i.e. if a person operates a separate business from home, even if it is just a sideline to his regular job, he can still deduct all or part of the cost of the computer and supplies required to maintain and use it. But, deductions cannot be taken by employees who buy computers to do work they take home from the office, unless the computer is required by the employer. Computers and their associated expenses are precluded from ANY tax benefits for those people who operate their BBS as a HOBBY. The laws also cracks down on mixed business and personal use of home computers. If you fall into this category, you must keep a log of computing time spent on different activities. Logs may be kept either manually or by the computer. (I use a computer program for this purpose). However, you will have to certify in writing, that you are keeping a computer 'Log'. If you are audited, the IRS will request to examine your 'log'. If everything is NOT in proper order, your deductions could be disallowed and penalties may be imposed. One additional item regarding taxes that deserves attention -- that of sales taxes, particularly if you are a shareware author. When you sell your software, you may have to collect sales taxes from the buyers. There have been a lot of 'Legislation' on this subject the past couple of years concerning both sales and use taxes. State laws still vary a bit on whether to impose sales and use taxes on computer software and with many lawsuits been filed over the past couple of years and many still pending, it appears that 'Legislation' is leaning toward a more uniform treatment of the issue. I am keeping a close watch on the outcome since I am very involved in ALL aspects of computer law, and I strongly suggest if you are a 'Shareware Author' you consult a competent attorney, or the appropriate state agency to learn about the 'Rules and Regulations that exist and any 'Rules and Regulations pending in your own state. The Professional Sysop ====================== As stated previously, the ranks of the BBS System and the services it offers are expanding rapidly. Since a Sysop is a provider of computer services and products through his BBS System, he is perceived by many to be a computer professional, or at least some sort of computer specialist. As such, the Sysop needs to be familiar with the circumstances under which he could be exposed to 'Legal Liability' and how he may limit that exposure. For subscription Sysops and Shareware Authors, giving people their money back when they are dissatisfied with your product or your service may be a relatively minor concern. For all Sysops and authors, however, a much more potentially serious problem is the possibility of being forced to compensate a 'User' for losses or injuries. There are four (4) important legal conditions under which you might be considered liable for a 'Users' loss or injury. 1. Breach of warranty 2. Breach of contract 3. Ordinary negligence 4. Professional negligence (Malpractice) What is breach of warranty? A warranty is a promise that a fact or statement about a product will turn out to be true. Warranties are governed by the Uniform Commercial Code, adopted in all states except Louisiana. The UCC governed warranties apply only to the sale of goods, not to any provisions of services. How does breach of warranty affect you as a Sysop? If your are a shareware author, its implications are rather clear. However, many of the BBSers carry a "For Sale" Sub or Forum, where all sorts of products are offered to members of the public. Should you, by an express or implied statement, condone, sponsor or certify the validity of legitimacy of items posted in your 'For Sale Sub or Forum, you may share the liability along with the actual seller for 'Breach of Warranty'. Custom software may or may not fit under the UCC warranty, depending on how closely the transaction resembles a sale of packaged software and on the decisions of the courts of the particular state. There are different types of warranties, and they can lead to some serious liability issues. Warranties are either expressed or implied. Express warranties are promises made by the seller about the quality or characteristics of the product. For example, if you give a prospective customer a demonstration in which the program prepares a complete set of reports, or functions in a specific way, there is an express warranty that the copy of the software purchased by the customer will do the same. For an implied warranty to be created, it is unnecessary for the seller to make a promise. Under the UCC, every sale of goods creates an 'Implied Warranty' of merchantability. This warranty requires that the product performs as it would ordinarily be expected to perform. Another version of the implied warranty is the warranty of fitness for a particular purpose. This is created when a seller recommends a product as suitable for the buyers needs. When a warranty is breached, the buyer can take legal action against the seller. Should consequential damages be involved, they can be 'Quite High'. (Note: I will discuss disclaimers later, but it must be noted that in MOST states, a 'Disclaimer', particularly regarding software, may be preclude, i.e. may be disallowed regardless of their presentment). The second legal condition, under which a Sysop might be considered liable for any loss to a 'User', is the 'Breach of Contract'. When you are not selling a product, UCC Warranties do NOT apply. This legal theory is more applicable to subscription systems, but even 'Hobbyist Systems' may form the basis of a contract given that the four elements of a contract are present A. Offer of Acceptance B. Consideration C. Legal competency of the parties D. Legality of purpose If you are a Sysop, you should take care that your contracts 'do not' contain vague promises that could be used against you in a dispute. You should also provide a detailed description of what is expected from you and your users. If you have any doubts, these doubts need to be communicated. The third legal theory is ordinary negligence. Everyone needs to exercise reasonable care in his or her work. Careless mistakes can be the basis of a 'Lawsuit'. As long as you are reasonably careful in your role as a Sysop, chances are that mistakes or oversights will be forgiven. Last, but not least, is the legal theory of professional negligence, i.e. malpractice. If an injured party sues for professional negligence, the courts 'Will Not' be so forgiving if you are found to be professionally negligent. Generally speaking, advice given and activities performed by certain professionals regarding their field of specialty are subject to a high standard of care. Up to now, for the most part, computer specialist as professionals were not held to a professional standard of care because at least two necessary elements in defining a professional for malpractice purposes were missing: 1. The computer professionaal did not have a standardized, well-defined body of knowledge that all members must know. 2. Examination and licensing procedures were not available. Now however, these missing elements are beginning to appear as part of the computer professional's stock-in-trade. For example, there are organizations for shareware authors that claim to establish a standard of practice for members; some computer professionals have become "certified". Colleges and universities are establishing a more standardized curriculum for computer studies. All of this may not necessarily lead to actual licensing of all computer professionals, but it needs to be viewed as a step for creating a professional for 'Legal' purposes. Regardless, computer professionals do have a knowledge and skills that other people do not have. Customers, clients, and users often know little about computers, software, services and such. They tend to rely on the advice of the computer specialist. Under such circumstances, the courts may begin to impose 'Malpractice Liability' upon the computer professional. At the very least, all Sysops should be prepared to held to a higher standard of care in their efforts than the ordinary person. This view is suggested because it appears that the courts will 'Expand' the conditions of liability in the 'Electronic Arena' in the very near future. I am personally monitoring the actions of 'Legislation' at this time regarding this possible and now probable expansion. Quality Control =============== The best way to avoid 'Legal Liability' is to make sure that nothing goes wrong in the first place. If you claim to maintain the "Privacy of Private Messages and User Data", you had better do just that. If you claim to monitor all conferences for inappropriate or illegal communications (POSTS), you may need to be able to demonstrate that is exactly what you do. If you claim, either expressly or implied or by implication, that you test all programs uploaded to your BBS System, you need to 'Make Sure' that you do so. If you claim to verify the authenticity of all your users, then it is something that you should do. You will not have to worry about 'Lawsuits' if there are no problems with what you do or with what you promise or imply that you do. Promises ======== One important rule to follow is 'Do Not' make promises that you cannot or will not keep. If you make a statement about results or conditions, it could be interpreted as a contractual obligation, or if it involves a product, you may be held bound by express or implied statements that you may not have really intended to make. Disclosure ========== Disclose necessary information. There is little else that 'Angers' the courts more than a situation where an informed person (Sysop) has taken unfair advantage of an uninformed person (User). You may be held accountable for not only malpractice but also for 'Fraud'. Disclaimers =========== Disclaimers on BBS Systems have been debated for many years by Sysops as to their significant purposes. I am going to hopefully settle that dispute right now. The purpose of a "Disclaimer" on a BBS System is to post publicly "how you will operate your BBS System, what you expect from your members and what they can expect from you or your assignees (Co-Sysops)". To be effective, disclaimers have to be 'Clear and Conspicuous'. If you put your disclaimers at the end of the manual, or off in some corner of your BBS System where it is 'NOT' easily available for your users to read, the courts could consider them 'Invalid'. Disclaimers 'Cannot' be put just anywhere it is convenient, and especially not as an 'Afterthought', or as a by-the-way. When making a disclaimer, besides disclaiming warranties, make sure you also disclaim responsibility for incidental or consequential damages. Now it must be understood by all Sysops that by posting a "Disclaimer" it 'Does Not' necessarily relieve you of the responsibility of your actions or damage(s) caused to persons, property or personal rights of your users. Disclaimers do NOT relieve your or their assignee(s) of ALL responsibility . Remember that even if ALL warranties are disclaimed, YOU may still be 'Sued' for "Negligence or Malpractice". In closing, I would like to say that it is us, the Sysop, that is going to determine how WIDE the GATE is going to be opened in the future for Electronic Bulletin Board Communication. There are a LOT of legal arguments going on as I write this article that will determine whether the GATE is going to be opened WIDER or if the GATE is going to CLOSE. Our ACTIONS are going to determine in the next few years our own FATES. Stop and ask yourself often, will my actions do -- 'Open the Gates, or close them.. In ending, I would like to say that writing an article such as this one and the article on software Piracy and the Law (December issue of IceNET News Magazine) has been a great experience for me. I have really enjoyed sharing the Laws governing how we operate our computers both for 'Fun and Profit', but these two articles are ONLY the 'Icing on the Cake'. Congress is deciding everyday if new laws are needed to control the electronic media. As time goes by, I will write other articles regarding computer law i.e. Pornography on a BBS System and also try to keep you informed of "New Laws' that are voted in by our 'Legislators' in Washington, DC. Again, I would like to thank Jim Nunn for asking me to write this article and the United States Justice Department for allowing me to access to their law library... ╓───────────────────────────────────────────────────────────────────────────╖ ║ ║ ║ How to be a Good Cosysop ║ ║ 2. ------------------------ ║ ║ by Louie (IceNET 6@1) ║ ║ ║ ╙───────────────────────────────────────────────────────────────────────────╜ This article for the IceNET News is an attempt at an article on how to be a good cosysop. These are tips and ideas and advice that I have picked up over the years as a cosysop in BBSing. Qualifications : -------------- Before I go any further, your probably wondering what the heck my qualifications for writing are article like this are. Well, right now I am a cosysop on both of Jim's (1@1 IceNET) boards. I've been a cosysop on TGWN (@1) for a while now. Recently Jim asked for help on his second board, Paragon (@7654), as well. I was more than happy to lend him a hand there too. I am also a cosysop on several boards in the WNY Area. Mainly I confine my roamings to The Keep of Ultimate Evil (@7) and Artificial-NON- Intelligence (@7667) and the The Sanitarium (@5). Sysop : ----- Before you can go further here it will help to understand what a sysop is first. A sysop is the person that owns the board, pays the bills, and has the number one account. The first two stipulations there are obvious, but the last some may question. Why is the sysop the guy with the number 1 account? Because that is the person that gets the feedbacks, complaints, and complements normally. That is the person people think of as the sysop. It is that account that normally deals with other sysops in the network. Heck, there are even rules about sub requests normally having to come from a #1 account. Yes, there may be some exceptions to this general rule, but exceptions are not the general rule. That is why they are called exceptions. Sysops and Cosysops : ------------------- There are three difference classes of bbsers. Sysops, Cosysops and Users. Every now and then you hear of the weird half beast called the "Remote Sysop". I don't believe in their existence. There are sysops (#1 account) and cosysops. A Cosysop with a 255 is just a very trusted cosysop. I don't see any reason for the fourth class of "Remotes". Besides, to do any real major work on a board it is a great help to be local to the bbs computer. Yes, you can do a lot from remote, but I can't stand doing anything more than adding a sub or two that way. To do major work, being local is almost a requirement. Case in point, recently Jim wanted some major remodeling of Paragons message base section done. I could have done the remodeling from remote but it would have taken a long time to do. I was reluctant to do it because of the time it would have taken. So, Jim then invited me over to his place so that I could do the work there. What would have been a good 15 hour job from remote only took about 6 hours from the local keyboard. Another thing that bugs me are those cosysops that sign posts "Cosysop of This-That Board". They really tick me off at times. The way I figure it, if a user calls a board regularly they know who the cosysops there are. They don't need to be reminded all time time. Somebody signing all their posts as "Cosysop" normally is done for one reason: intimidate those he is talking to. If people are talking about abortion, or some other debate topic, and some cosysop signs a post "Cosysop of this board", then you have intimidation. It might not be intended, but it will will exist. Weather the cosysop in question knows they are doing it does not matter. It is the affect that matters. There are only two cases I can think of where I would sign a post as "cosysop". 1) When dealing with a new user, 2) when dealing with other sysops in the network. And both of these only occur in e-mail situations. Now, I don't expect the sysops in the network to take my "cosysop" as meaning anything either when I deal with them. Just sometimes, if they know me a little, instead of going through Jim I can cut out the middle man and get something done quicker by sending the mail myself I'll do it. Normally who I am dealing with there knows a little about me already, such as Midnight Tree Bandit (the Weirdo of WWIVlink fame). There are several things that cosysops can do for the sysop of a board. I am going to list some of the things I have done in the past. These are not the only things that a cosysop can do, but they are the obvious ones that are seen around in common existence. They are : 1. Sub-board Management. 2. Transfer Section Management. 3. On-Line Chains Management. 4. User Record Management. 5. The Resident Modder. 6. A little of everything. Sub-board Management : -------------------- This is the guy who keeps the subs of a board moving. He posts a lot. Deletes "below-par" posts. Network Validates the net subs the board hosts. Keeps track of who posts and who doesn't. Help people out in regards to the sub-boards. Posting a lot is very important for a cosysop of this type to do. Leading by example is much easyer than just telling people what to do. If some cosysop just posts "Why aren't you all posting here?" or "Post or Die" messages, then people are going to think the cosysop is just plain weird. I will admit, I've done both of those, but I try for messages like that to be more humorous than anything else. I post a lot on the subs. If I post something on the political sub I know that I can get others to respond because they will disagree with me. Then, as long as I am staying on topic others will also stay on topic because they are mainly responding to me. The one problem I have found with this formula is "BBSing Burnout". I can get so involved in debates at times that I don't want to call a board I'm a co- on because I don't really want to post a message on some debate topic at times. (I know, some of you reading this are thinking that Post-Aholic Louie doesn't want to post sometimes. Wow! But then, I even amaze myself at times). When I then call, finally, I have so much work to do on the board that I don't want to deal with much really. Just to much to do that then I don't want to do it because there is so much to be done. Deleting "Below Par" posts is very important as well. If users are posting bad messages it can be worse than having users than don't post at all. Keeping the message bases stocked with high quality posts is something that is very important for a boards. But what should be deleted? That can be a difficult question to answer at times. The obvious things that have to be deleted are those messages that are just vulgarity. Sometimes new users just log on a board and post a message of everything vulgar they ever heard. Things like that should always be deleted. What is vulgar? I normally just regulate vulgarity to things without a point. A list of sware words about the sysop. Now, there are adult subs on some boards, and what might be vulgar to one person might not be to another. Keeping those adult posts to the adult subs is something that should be enforced though. Also, keeping posts on topic is important as well. What might be "Below par" on the political sub might be perfect for the General sub. Thats where the cosysop just hits "M" and moves the post to the proper sub. Normally I follow that up with an e-mail to the user that made the simple mistake and explain what I did and why. Now, network validation is something that also means dealing with "below par" posts. Network validation means reading, and possibly posting on, the subs hosted by the board your a cosysop on. On TGWN and Paragon net-validation is turned on in Boardedit for all the subs Jim hosts. I read the subs determine for each post weather it meets our standards for the sub in question. I also have some special rules for network subs that I enforce. The rules I use are something I recommend for all systems in the network for boards that host a sub. They are : 1. Delete anything with profanity in it. There are people out there that don't mind sware words, and there are people who do mind. If your hosting a sub you want to appeal to the widest possible audience, normally, and that probably means enforceing a no profanity rule. 2. Delete anything that is short and doesn't really say anything. "I'm Pro-Choice/Life" as a whole post doesn't really say much. I delete those regularly. What is wanted are longer, well thought out, posts that say something. Another example is the "I agree" posts that are seen sometimes. 3. Quotes and Tag lines. This is something that I saw posted by the master, Wayne Bell himself, once. He pointed out that if somebody quotes a long post and only adds a few lines of commentary such as "Your wrong." doesn't add much. Why post it. Say why the person is wrong is what would be proper. Now, if a message has quotes in it from a previous message, add up the quoted lines and if the added text exceeds the amount quoted, then let it go through. It text from the poster is not equal to or greater than the quoted text, delete it. The network costs money, and sysops don't need to be paying for a message to be sent out twice. Tag line length I also add it to the number of lines quoted. I don't see tag lines as worth while to the post. If 14 lines are quoted and there is a 3 line tag line, that is at least 17 lines of text that should have been added to it. If there are not at least 17 lines of added commentary, I normally delete the post. 4. Things that should have been said in e-mail : Somebody who posts something like "Hey, Wizard. Whats your phone number so I can call and talk to you about this" should be deleted as well. Posts like that don't need to be read by the 100 or systems that subscribe the IceNET national General Sub. That is much easyer to ask in e-mail. 5. Lastly, flaming and warring should be deleted. This probably goes without saying though. Except for the last point, there may be exceptions to each of these general rules about deleting network posts. But exceptions are just that, exceptions. They are not the general rule. Just in case your wondering why these rules are important... They are important because of the costs of the network. IceNET is run by sysops that pay phone bills for long distance calling. The LD bills cost more money the longer they take and the more bytes in a net packet means more transmission time. Thus, the sysops are then paying to have messages they (or there users) don't really want to read sent to them. On TGWN (@1) we host many subs. The IceNET National General Sub probably has about 1200 messages go out on it a month. That is 1200 posts that met the standards we use around here. There are probably 2000 total messages on it, but I delete a large number of them. Imagine the network costs if I didn't delete all the "I agree"/"Your Wrong" type of posts. At the moment, I validate the following Subs hosted by TGWN on a regular basis. The IceNET National General sub the busyest, by far... But the Sports, Politics and Philosophy subs are big traffic net subs as well. IceNET Nat. Gen. has about 90 subscribers, while those other three have about 40 subscribers each. The music discussion sub, IBM Tech an gaming subs are also high traffic for the number of subscribers that they have. (Did you really think I wasn't going to plug the subs that I run???? :) hehehe) Sub-Type Host Note Sub Name -------- ---- ----- ------------------------------------------------ 6 1 RTN Computer Wizards of the North (IBM Tech Talk) 7 1 RTN Illuminati (Poetry Sub) 8000 1 RTN Scarlett Letters 18006 1 RTN Jimi Hendrix's Talk Show (Music discussions) 28000 1 RTN Network Sports 38000 1 RTN Software Discussion/Gaming 48000 1 RTN Ice NET National General 58000 1 RTN Philosophy Sub 61000 1 RTN Political Thought and Remark Keeping track of posters : There is something I like to do on boards I'm a cosysop on. I will go through uedit every now and then and compile a list of the top posters on the board. Usually the top 10 ( ala Lettermen). I then post it. People like to receive recognition for their efforts. If some user has posted 300 times on a board, they might like to be singled out for the job well down. It also gives something for the new users to shoot for. Helping Users : This is something that applys to all types of cosysops, but maybe a little more with message bases than in other areas. Message bases are what users read. They read, post and talk to people. If they have a problem doing this, then help from the cosysop will be appreciated a little more so than with other areas. Transfer Section Management : --------------------------- I'm going to be up front with you here. I have never really done the job of a Transfer Section cosysop, except in emergency situations at times when the board wouldn't have any available disk space for posting. I would then wander in to the Transfers and delete some old file that was 500k large or something so that people could post again. The two best cosysops I know who do the transfer section management particularly well are Perseus (9@7) and Trigger (Trigger@7654). What this job entails, basically, is checking new uploads and keeping files in the proper directorys (ie, Keeping games in the games section and out of the business spreadsheets section). Checking new uploads entails making sure things are newer software. Making sure the lastest PD Stuff uploaded is the lastest version. Making sure that there are no virii present by running the McAffee Stuff on the uploads. Making sure they are in the proper Zip format, or whatever the local standard of compression is, Zip, Arc, Arj, Pak, ect... Locally we all use Zip, though we do have a few who love Arj around here. It seems the accepted Standard we use on Paragon and TGWN are Zip compression. We also have rules about keeping things virus free (da) and if a virus is detected we try to inform everybody we can of the program in question, who uploaded it, and weather it was intentional or not. We also like to have it so that all the available software is less then 1 year old, and that it is the lastest version of the PD program in question. Jim is throughly anti-pirate software, and we do not tolerate pirate files being uploaded to us. Also keeping files in the proper transfer directory is important as well. Keeping giffs in the giff directory. Keeping business software in the business directory. This is important in order to give the users the best in public domain downloads. I think you could say that manageing the transfer section isn't difficult but can be very time consumeing due to the cosysop in question having to upload and download a lot. We also like to think that Paragon is better at serving downloading sysops due to its being a WWIV Source distribution site. Jim tells me that right now there are about 50-55 sysops with verifyed accounts on Paragon for that purpose. Paragons number is 716-837-1636. (The second plug for our boards. :) hehehehe) On-Line Chain Management : ------------------------ This means, the dude in charge of the games section mainly. Just On-Line Chain Management sounds better. The cosysop in charge of the chains makes sure that users are not just being game leeches. Makes sure that games are secondary and not the only reason people are calling. This means that the cosysop should go through the //LOG and //YLOG and make sure people are posting if they are playing games. He might also run the On-line Games sub, if there be such a sub on the system. Where people could talk Tradewars, Globule Wars, Space Dynasty, ect... Best best and most popular game is Tradewars. A cosysop in charge of running the games may be running a Tradewars Tournament. Personally, I think tournament are nuts. I think the ideal tradewars game is in competeing against other users, and not having to fight a cosysop with Tedit as well. I think the game is already close to perfect and doesn't need help to make it better. I think making sure people are posting as well as playing games is more important than running Tournaments. Games should be secondary to posting. User Record Management : ---------------------- This means a variety of things. Making sure that users are posting. Making sure that new users are real people and not somebody looking to have a second account with which to play Tradewars or leech more files. Deleteing users that have not called in a long while. The main thing of this job is voice validating users. Calling them and telling them your calling from the BBS and saying your just making sure they are real people. It might help to ask them a question about their account as well. Asking their age might catch some 14 year old kid off guard who claimed he was 23 so that he could have access to adult subs. You don't want minors on subs like that. Legal problems as well as moral problems with minors and adult material. It can also entail giving out SL Raises. If a user is calling the board and doing a good job posting, uploading, and not being a big game leech, then after a certain length of time of doing well for the board they deserve a reward of having more time on the board with which to be better. Usually I would go through once a month, and if a user had continued to post a lot I would give them a 10 point SL raise. The limit would be an 80 SL though. Those with the high SL might even be considered for being made a cosysop in the future if another might be needed. Deleteing old users that have not called in a while is a good idea as well. You don't want user records taking up space on the hard drive. And more users in the files the slower than WWIV runs. Besides, you normally get several users that call once and then never call back. No real sense in keeping those persons around. They are not contributing to the board. The Resident Modder : ------------------- Heavily modded boards usually have a sysop who mods his own board a lot. Some boards, though, have sysops who can't program really. So since they want a modded board, they would ask a bbser who they know to be a good C programmer to mod their board for them. These are the type of people who know how to program in C, and are the local Techie experts normally. What makes for a good mod? Well, a good mod is something that has a function on the board. That simplifys sometime, or adds something that should be in WWIV normally. They also help to make a board have a slightly different look and feel from other wwiv boards. Now, don't get me wrong... I see very little wrong with stock WWIV. There are some minor things I might add here and there though. These are the reasons for mods. The worst mod out there has got to be the Random title Mod. Serves no purpose in my opinion. Humorous the first few times you see it, but after seeing 100,000 random title the affect wears off. A good mod would be the mods that allow you to know what sub your reading while reading posts. A good mod might be the Sysop Avialiable for chat status that you see sometimes. A Mod should have a purpose. It shouldn't just be in for the sake of having another mod. A Little of Everything : ---------------------- This what what, I think, most cosysops really do. This combines everything from above, plus a little more. He talks with his sysop a lot about board related things. The read and post on the subs, look at the logs and wander through Uedit and make sure that the users are all who they claim to be. Maybe play games. Basically, super users that help the sysop of the board out. There are several things a good WWIV cosysop should do every call and pay attention to. They should 8almost always look at the sysops logs : //LOG, //YLOG,; the activity //ZLOG; the network info //NLOG and //PENDING; and look at the boards daily //STATUS. These are important commands that can show you whats going on. You can then investigate things that look out of place with regards to all the Cosysop jobs that I described. Some other things that can be looked at and done are to make Voting questions with //IVOTES. Find out what people are thinking and look at what democracy with the users might bring you. Just make sure that you don't give them weird answers to give if you what serious feedback with the voting section. Manageing the general files section can be another minor thing to do. Locally, in 716, we have a BBS publication called the WNY BBS Quarterly and we like to have it in gfile sections on BBSes so that users around the area can read it. So, I put it in the gfiles all the time when a new update of it comes out. I also keep the BBS List on the boards straight. No use having dead boards listed in the BBS List. So, every now and then, I edit the BBS list and keep it updated. I take 8out old dead BBSes and add in the newer boards that have gone up. This helps to keep people from asking every now and then why they can't get through to some board that went down a year ago...but that is still in bbs lists on boards around the area. At least with the lists on TGWN and Paragon. This has been a long article and I'm getting tired now. A lot of this is philosophical thinkings on what a cosysop should do. How to do it is another all together. Different people have different ideas on how to get things done. No one way is better than other ways. If what your doing works, don't change it. I think a lot of new sysops and cosysops could use this advise constructively. None of it is gospel and please don't take this all to mean that I am preaching the word of the Holy Modem in the Sky or anything. If you wish to reach me I can be reached at the following node addresses : 6 @1 - IceNET 6 @7655 - WWIVnet 6 @17662 - WWIVlink 9 @7679 - DragonNET 3. Mod of the Month ┌──────────────────────────────────────────────────────────────────────┐ │Name: WFCSCRN.MOD │ │Author: Odin #1@7664 (IceNET) - C stuff (My first 4.22 mod!) │ │ Jim #1@1 (IceNET) - Ansi │ │Version: 4.22 │ │Files Affected: BBS.C │ │ XINIT.C │ │ VARS.H │ │ │ │Difficulty: Easy ▓▓░░░░░ Hard │ │Description: Are you tired of the blinking cursor at the top of your │ │ WFC (waiting for call) screen. Well here is a nice │ │ record of your BBS while your board is inactive. │ └──────────────────────────────────────────────────────────────────────┘ This is mod will allow a sysop to see the status of her board while the board is waiting for a caller. The information includes: time, date, disk space available, mail waiting, user activity, and other information. You may think,"Why would I want something that could "burn" onto my screen?" Well, don't fret. It has a built in screen saver. The "box" moves around the screen and changes color as it moves, so that it never is "locked" in one place for to long. Also, if you wish to not see the "box", then pressing the "=" will turn the screen off and you will return to the blinking cursor at the top of the screen. Pressing the "=" will also return the "box" to the screen. STEP 1: BACK UP YOUR SOURCES ------ STEP 2: Load in BBS.C and locate "void getcaller" ------ Before this line, block copy the following void into BBS.C: void wfc_window(int NoScreen) { int am, i, wx, wy, width, len, tmp, clr1, clr2, Imove; char otstr[30]; double d; long hr, min,l; float ftmp; if(!NoScreen) { run_external1_x("ICE"); d=timer(); ftmp=d/3600.0; hr=(int) ftmp; ftmp=60.0*(ftmp-(float) hr); min=(int) ftmp; am=1; Imove=rand() % 3; if(hr>11){ am=0; hr=hr-12; } if(hr==0) hr=12; wx=12; wy=6; if(Imove<2) { /*MOVE*/ wx=rand() % 24; /*MOVE*/ wy=rand() % 11; /*MOVE*/ } /*MOVE*/ width=55; len=10; randomize(); clr1=rand() % 10; clr2=rand() % 10; if(clr1==6) clr1=5; /*Changes red to green */ /*SELECT COLOR*/ ansic(clr1); makewindow(wx,wy+2,width,len); ansic(clr2); makewindow(wx,wy,width,3); tmp=(width-strlen(syscfg.systemname))/2; movecsr(wx+tmp,wy+1); sprintf(otstr,"%s",syscfg.systemname); outs(otstr); movecsr(wx+width-8,wy+1); sprintf(otstr,"%2ld:%-2.2ld",hr,min); outs(otstr); movecsr(wx+width-3,wy+1); if(am) { sprintf(otstr,"am"); } else sprintf(otstr,"pm"); outs(otstr); movecsr(wx+1,wy+1); sprintf(otstr,"%s",status.date1); outs(otstr); ansic(clr1); movecsr(wx+1,wy+4); sprintf(otstr,"Calls today : %4u",status.callstoday); outs(otstr); movecsr(wx+1,wy+5); sprintf(otstr,"Actvity : %5.2f%%" ,((float) status.activetoday)/14.4); outs(otstr); movecsr(wx+1,wy+6); sprintf(otstr,"Mail Waiting: %4u",fwaiting); outs(otstr); movecsr(wx+1,wy+7); sprintf(otstr,"Uploads : %4u",status.uptoday); outs(otstr); movecsr(wx+1,wy+8); sprintf(otstr,"Posts Today : %4u",status.msgposttoday); outs(otstr); movecsr(wx+1,wy+9); sprintf(otstr,"Total Users : %4u",status.users); outs(otstr); movecsr(wx+1,wy+10); sprintf(otstr,"Total Calls : %5ld",status.callernum1); outs(otstr); movecsr(wx+30,wy+5); sprintf(otstr,"Minutes : %4u",status.activetoday); outs(otstr); movecsr(wx+30,wy+6); sprintf(otstr,"Max Users : %4u",syscfg.maxusers); outs(otstr); movecsr(wx+30,wy+7); sprintf(otstr,"Com Port : %2u",syscfg.primaryport); outs(otstr); movecsr(wx+30,wy+8); sprintf(otstr,"NETxx Ver : %4u",status.net_version); outs(otstr); movecsr(wx+30,wy+9); sprintf(otstr,"WWIV Ver : %4u",status.wwiv_version); outs(otstr); movecsr(wx+30,wy+10); sprintf(otstr,"WWIV Reg. # : %5ld",syscfg.wwiv_reg_number); outs(otstr); movecsr(wx+30,wy+4); i=3; l=(long) freek(3); while ((l>0) && ((i+'@')<=cdir[0])) { npr("%c: ",i+'@'); sprintf(otstr,"FreeSpace: %8ldk",l); outs(otstr); i++; if ((i+'@')<=cdir[0]) l=(long) freek(i); } ansic(0); movecsr(0,22); } } STEP 3: All the following changes/additions occur in void getcaller ------ ┌──────────────────────┐ │ Legend │ │! - this line changed │ │+ - add this line │ │= - this there before │ └──────────────────────┘ -In the declaration section, make the following changes: ! int i,i1,i2,i3,any,wfc_on; ! double d,d1,tstamp,tmp; -Search for "srand((unsigned int)d);". Then change accordingly. = srand((unsigned int)d); + wfc_window(NoScreen); + tstamp=timer(); wfc_on=1; = do { -Search for "attempt_callout();". Then change accordingly. = if ((!any) && ((rand() % 8000)==0) && (net_sysnum) && = (ok_modem_stuff)) { = attempt_callout(); + wfc_on=0; = any=1; -In the switch section, add these lines + case '=': + if (NoScreen) NoScreen=0; + else NoScreen=1; + break; -Search for "if ((comhit())". Change accordingly. = } = okskey=0; + wfc_on=0; = } = if ((comhit()) && (ok_modem_stuff) && (!lokb)) { any=1; -Search for "giveup". Change accordingly. = giveup_timeslice(); = } + tmp=timer()-tstamp; + if((!wfc_on) || (60<=tmp) || (0>tmp)) { + tstamp=timer(); + wfc_on=1; + wfc_window(NoScreen); } = } while ((!incom) && (!lokb) && (!endday)); -In XINIT.C, search for "chat_file=0;" = chat_file=0; + NoScreen=0; /* 1 if you wish to default to off */ = sysop_alert=0; -In SHRINK.C search for "READ(sysop_alert);" this is in int restore_data = READ(sysop_alert); = READ(do_event); + READ(NoScreen); /* WFC_SCRN.MOD */ = if (stat) { = READ(andwith); = READ(usernum); -In SHRINK.C search for = WRITE(sysop_alert); = WRITE(do_event); + WRITE(NoScreen); /* WFC_SCRN.MOD */ = WRITE(andwith); = WRITE(usernum); -And last but not least, in VARS.H search for "no_hangup" and put ", NoScreen" after it It should something lik this: noklevel, no_hangup, NoScreen, numbatch, numbatchdl, numchain, STEP 4: Re-compile using TCC or BCC. ------- STEP 5: Place ICE.COM into your main BBS directory. A copy is at the ------- end of this mod. (To extract ICE.COM, simplify type UUDECODE <filename> where <filename> is this entire file. STEP 6: Copy BBS.EXE, RETURN.EXE, and INIT.EXE into your main BBS directory. ------ That's it. DISCLAIMER: Well, if your hard drive crashes, your BBS decides to nuke all ---------- the accounts, your sister runs away with the milkman, or you just screwed up, DON'T BLAME ME. This method worked great for me. The following is ICE.COM uuencoded. Use UUDECODE to return it to its original state and place it into your main BBS directory. section 1 of uuencode 5.13 of file ice.com by R.E.M. begin 644 ice.com M_+T@`8MN`(NF`@"+G@0`M$K-(:$L`(F&&@"+G@``_^,P`8H41@K2=`:T`LTA MZ_/#P`D6#`(!&`P9#1H.&P^?Z%)0Z)'H4!ZX1-=0N``"```;6S0P;1M;,DH; M6S([,4@;6S,[,4@;6S0[,4@;6S4[,4@;6S8[,4@;6S<[,4@;6SE#&ULP.S%M ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL;$;6S@[,4@;6SE#L;&QL;&QL;&QL;&QL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;$; M6S,V;;&Q&ULY.S%(&ULY0QM;,S=ML;&QL;$;6S`[,S5ML;&QL;&QL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL;$;6W,*#0`;6W6QL;&QL;&QL;&QL;&QL;&QL;&Q ML;&QL;&QL1M;,3LS-VVQL1M;,S9ML;$;6S$P.S%(&ULY0QM;,S=ML;&QL;$; M6S`[,S5ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL1M;,3LS-VVQL1M;,S9ML;$;6S$Q.S%(&ULY0QM; M,S=ML;&QL;$;6S`[,S5ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL1M;,3LS-VVQL1M;,S9ML;$;6S$R M.S%(&UMS"@T`&UMU&ULY0QM;,S=ML;&QL;$;6S`[,S5ML;&QL;&QL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL1M; M,3LS-VVQL1M;,S9ML;$;6S$S.S%(&ULY0QM;,S=ML;&QL;$;6S`[,S5ML;&Q ML1M;,3LS-VW?W]_?W]\;6S`[,S5ML;&Q&ULQ.S,W;=_?W]_?&ULP.S,U;;&Q M&ULQ.S,W;=_?W]_?W]\;6S`[,S5ML1M;,3LS-VW?W]\;6S`[,S5ML;&Q&ULQ M.S,W;=_?&ULP.S,U;;$;6S$[,S=MW]_?W]_?WQM;,#LS-6VQ&UMS"@T`&UMU M&ULQ.S,W;=_?W]_?W]_?&ULP.S,U;;&Q&ULQ.S,W;;&Q&ULS-FVQL1M;,30[ M,4@;6SE#&ULS-VVQL;&QL1M;,#LS-6VQL;&QL1M;,3LS-VW?WQM;,#LS-6VQ ML;&Q&ULQ.S,W;=_?&ULP.S,U;;&QL1M;,3LS-VW?WQM;,#LS-6VQ&ULQ.S,W M;=_?&ULP.S,U;;&QL;&QL1M;,3LS-VW?W]_?&ULP.S,U;;&Q&ULQ.S,W;=_? M&ULP.S,U;;$;6S$[,S=MW]\;6S`[,S5ML;&QL;&QL;&Q&ULQ.S,W;=_?&ULP M.S,U;;&QL;&QL1M;,3LS-VVQL1M;,S9M&UMS"@T`&UMUL;$;6S$U.S%(&ULY M0QM;,S=ML;&QL;$;6S`[,S5ML;&QL1M;,3LS-VW?WQM;,#LS-6VQL;$;6S$[ M,S=MW]_?&ULP.S,U;;&QL;&QL1M;,3LS-VW?W]_?WQM;,#LS-6VQL;$;6S$[ M,S=MW]\;6S`[,S5ML1M;,3LS-VW?WQM;,#LS-6VQ&ULQ.S,W;=_?&ULP.S,U M;;$;6S$[,S=MW]_?W]\;6S`[,S5ML;&QL;&Q&ULQ.S,W;=_?&ULP.S,U;;&Q ML;&QL;$;6S$[,S=ML;$;6S,V;;&Q&ULQ-CLQ2!M;.4,;6S,W;;&QL;&Q&ULP M.S,U;;&QL1M;<PH-`!M;=1M;,3LS-VW?WQM;,#LS-6VQL;&Q&ULQ.S,W;=_? M&ULP.S,U;;&QL1M;,3LS-VW?WQM;,#LS-6VQ&ULQ.S,W;=_?&ULP.S,U;;&Q ML;&QL1M;,3LS-VW?WQM;,#LS-6VQL1M;,3LS-VW?W]_?&ULP.S,U;;$;6S$[ M,S=MW]\;6S`[,S5ML;&QL;&QL;&Q&ULQ.S,W;=_?&ULP.S,U;;&QL;&QL;&Q M&ULQ.S,W;;&Q&ULS-FVQL1M;,3<[,4@;6SE#&ULS-VVQL;&QL=_?W]_?WQM; M,#LS-6VQL;$;6S$[,S=MW]_?W]\;6S`[,S5ML;$;6S$[,S=MW]_?WQM;<PH- M`!M;==_?WQM;,#LS-6VQ&ULQ.S,W;=_?&ULP.S,U;;&QL1M;,3LS-VW?W]\; M6S`[,S5ML1M;,3LS-VW?W]_?W]_?&ULP.S,U;;&QL;$;6S$[,S=MW]\;6S`[ M,S5ML;&QL;&QL;&Q&ULQ.S,W;;&Q&ULS-FVQL1M;,3@[,4@;6SE#&ULS-VVQ ML;&QL1M;,#LS-6VQL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL;&QL;&Q&ULQ.S,W;;&Q&ULS-FVQL1M;,3D[,4@; M6SE#&ULS-VVQL;&QL1M;,#LS-6VQL;&QL;&QL1M;<PH-`!M;=;&QL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q&ULQ.S,W M;;&Q&ULS-FVQL1M;,C`[,4@;6SE#&ULS-VVQL;&QL1M;,#LS-6VQL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q ML;&Q&ULQ.S,W;;&Q&ULS-FVQL1M;,C$[,4@;6SE#&ULS-VVQL;&QL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q ML;&QL;&QL1M;,S9ML;$*#0`;6S(R.S%(&ULQ,4.QL;&QL;&QL;&QL;&QL;&Q ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q ML1M;,C,[,4@;6S(T.S%(&ULR-3LQ2!M;,&T;6S(U-40*#0"-MB``N"(!_]"- MMB(!N"(!_]"-MB("N"(!_]"-MB0#N"(!_]"-MB8$N"(!_]"-MB,%N"(!_]"- ?MB4&N"(!_]"-MB<'N"(!_]"-MB0(N"(!_]"X`$S-(4S- ` end sum -r/size 21868/3232 section (from "begin" to "end") sum -r/size 28227/2326 entire input file DEDICATION: ---------- A special thanks to Jim #1@1 (IceNET) for the ANSI background and for the continual ideas and support. What started as a little mod for me turned into a very nice functional mod that none of your users will appreciate, but I think you will. If you have any questions, feel free to write me and I will get back to you. It has been fun..... Odin #1 IceNET@7664 ╓──────────────────────────────────────────────────────────────────────────╖ ║ ║ ║ 4. Rusty n Edie's Busted for Software Piracy! ║ ║ From Master Mechanic (1 @6461) ║ ║ ║ ╙──────────────────────────────────────────────────────────────────────────╜ FBI raids major Ohio computer bulletin board; action follows joint investigation with SPA The Federation Bureau of Investigation on Saturday, Jan. 30, 1993, raided "Rusty & Edie's," a computer bulletin board located in Boardman, Ohio, which has allegedly been illegally distributing copyrighted software programs. Seized in the raid on the Rusty & Edie's bulletin board were computers, hard disk drives and telecommunications equipment, as well as financial and subscriber records. For the past several months, the Software Publishers Association ("SPA") has been working with the FBI in investigating the Rusty & Edie's bulletin board, and as part of that investigation has downloaded numerous copyrighted business and entertainment programs from the board. The SPA investigation was initiated following the receipt of complaints from a number of SPA members that their software was being illegally distributed on the Rusty & Edie's BBS. The Rusty & Edie's bulletin board was one of the largest private bulletin boards in the country. It had 124 nodes available to callers and over 14,000 subscribers throughout the United States and several foreign countries. To date, the board has logged in excess of 3.4 million phone calls, with new calls coming in at the rate of over 4,000 per day. It was established in 1987 and had expanded to include over 19 gigabytes of storage housing over 100,000 files available to subscribers for downloading. It had paid subscribers throughout the United States and several foreign countries, including Canada, Luxembourg, France, Germany, Finland, the Netherlands, Spain, Sweden and the United Kingdom. A computer bulletin board allows personal computer users to access a host computer by a modem-equipped telephone to exchange information, including messages, files, and computer programs. The systems operator (Sysop) is generally responsible for the operation of the bulletin board and determines who is allowed to access the bulletin board and under what conditions. For a fee of $89.00 per year, subscribers to the Rusty & Edie's bulletin board were given access to the board's contents including many popular copyrighted business and entertainment packages. Subscribers could "download" or receive these files for use on their own computers without having to pay the copyrighted owner anything for them. "The SPA applauds the FBI's action today," said Ilene Rosenthal, general counsel for the SPA. "This shows that the FBI recognizes the harm that theft of intellectual property causes to one of the U.S.'s most vibrant industries. It clearly demonstrates a trend that the government understands the seriousness of software piracy." The SPA is actively working with the FBI in the investigation of computer bulletin boards, and similar raids on other boards are expected shortly. Whether it's copied from a program purchased at a neighborhood computer store or downloaded from a bulletin board thousands of miles away, pirated software adds to the cost of computing. According to the SPA, in 1991, the software industry lost $1.2 billion in the U.S. alone. Losses internationally are several billion dollars more. "Many people may not realize that software pirates cause prices to be higher, in part, to make up for publisher losses from piracy," says Ken Wasch, executive director of the SPA. In addition, they ruin the reputation of the hundreds of legitimate bulletin boards that serve an important function for computer users." The Software Publishers Association is the principal trade association of the personal computer software industry. It's over 1,000 members represent the leading publishers in the business, consumer and education software markets. The SPA has offices in Washington DC, and Paris, France. CONTACT: Software Publishers Association, Washington Ilene Rosenthal, 202/452-1600 Ext. 318 Terri Childs, 202/452-1600 Ext. 320 ├───────────────────────────────────────────────────────────────────────────┤ │ IceNEWS is an independent newsletter published from time to time as a │ │ service to IceNET, it's Sysops and it's users. The opinions & reviews │ │ expressed herein are the expressed views of the respective writers. │ │ All Rights Reserved. │ ├───────────────────────────────────────────────────────────────────────────┤