Aminet 15/Aminet 15 - Nov 1996.iso/Aminet/comm/fido/fnews4.lzh/fido401.nws

Text File | 1987-01-04 | 42KB | 919 lines

     Volume 4, Number  1                                5 January 1987
     +---------------------------------------------------------------+
     |                                                  _            |
     |                                                 /  \          |
     |                                                /|oo \         |
     |        - FidoNews -                           (_|  /_)        |
     |                                                _`@/_ \    _   |
     |        International                          |     | \   \\  |
     |     FidoNet Association                       | (*) |  \   )) |
     |         Newsletter               ______       |__U__| /  \//  |
     |                                 / FIDO \       _//|| _\   /   |
     |                                (________)     (_/(_|(____/    |
     |                                                     (jm)      |
     +---------------------------------------------------------------+
     Editor in Chief:                                   Thom Henderson
     Chief Procrastinator Emeritus:                       Tom Jennings

     FidoNews is the official newsletter of the International  FidoNet
     Association,  and is published weekly by SEAdog Leader, node 1/1.
     You  are  encouraged  to  submit  articles  for  publication   in
     FidoNews.  Article submission standards are contained in the file
     ARTSPEC.DOC,  available from  node  1/1.

     Copyright (C) 1986,  by the  International  FidoNet  Association.
     All  rights  reserved.  Duplication and/or distribution permitted
     for noncommercial purposes only.  For use in other circumstances,
     please contact IFNA.


                              HAPPY NEW YEAR


                             Table of Contents

     1. EDITORIAL
        Shareware is Nowhere
     2. ARTICLES
        Curbing Copyright Abuses by Vendors and On-Line Services
     3. NOTICES
        The Interrupt Stack




     Fidonews                     Page 2                    5 Jan 1987


     =================================================================
                                 EDITORIAL
     =================================================================

                            Shareware is Nowhere


     I'm  sure  many  of  you have read at least a few of my diatribes
     about shareware.  How many of you listened?  Quite a number,  I'm
     sure, but apparently not enough.

     Quite  simply  put,  shareware  is  dying out.  The signs are all
     around us.

     o PC Outline was originally released as shareware,  and was  even
       reviewed  by  PC  Week  as  being better than its non-shareware
       competition.  But the last I heard  was  that  it's  now  being
       marketed by Brown Bag Software.

     o Chris  Dunford  wrote  an elegant command editor for DOS called
       CED (and no, Chris's middle initial is not "E").  Almost anyone
       "in the know" about PC's uses CED.  It was originally  released
       as  shareware.  The  latest version is called PCED,  and is not
       shareware.

     o One of the more popular  data  base  programs  for  the  PC  is
       PC-File,  a  shareware product of Buttonware,  Inc.  Buttonware
       has now released a new version of PC-File that is,  among other
       things, relational.  It is also not shareware any more.

     o Bob Hartman has written all sorts of little goodies for FidoNet
       sysops,  including  Rovermsg and Renum.  These were released as
       shareware.  Bob reports that the total  contributions  received
       so  far  wouldn't  buy him and his wife dinner out.  Bob is now
       writing a faster and more  powerful  alternative  to  EchoMail.
       And guess what?  It ain't gonna be shareware.

     o The Headlands Press started the whole shareware phenomenon with
       its  famous  PC Talk communications program.  They've announced
       that they're coming out with a new version, and even THAT won't
       be shareware any longer!


     I  could go on and on.  The examples abound.  But your own boards
     provide the best proof of all.  When was the last time you saw  a
     really  good  shareware  product come out that wasn't crippled in
     some way?

     Sometimes the crippling isn't that bad.  For example, the Instant
     Recall database manager in its shareware version will  handle  an
     80k  database,  but  if  you  pay the fee you get a NON-shareware
     version that'll handle a 2 meg database.  Other examples  include
     FansiConsole,  which  comes  in a fully functional form,  but you
     have to pay to get the manual before you can figure  out  how  to
     use  it.   Then  there  are  Ron  Bemis's  multitudinous  FidoNet
     utilities that send home notes  to  papa  until  you  pay  for  a
     Fidonews                     Page 3                    5 Jan 1987


     registered version.

     But still,  a cripple is a cripple.  One way or  another,  almost
     all  shareware  these days is either crippled so you can't use it
     all, or does something you don't like,  or isn't all that good to
     begin  with.  (Note  that  I  said  ALMOST all!  There are always
     exceptions.)

     And who's fault is it?  Is it the authors'  fault?  Not  at  all.
     Your average software author quite rightly feels that he deserves
     to be compensated for his work.  After a few all nighters chasing
     one more bug or nailing down one more feature, almost anyone will
     start to wonder why they're doing all this for nothing in return.

     No,  it's  YOUR  fault,  unless  you  happen  to  be  one  of the
     statistical few who actually pays for all the shareware you use.

     Shareware  was a noble experiment in trusting the users,  and now
     it's almost over.  For a couple of years  now  shareware  authors
     have  been  telling you that if you didn't shell out for what you
     use,  then pretty soon you'd stop seeing a cheap bounty  of  good
     software.   By  all  appearances,  nobody  really  believed  that
     prediction, so now it's coming to pass.

     Enjoy shareware while it lasts.  It won't last long.

     -----------------------------------------------------------------

     Fidonews                     Page 4                    5 Jan 1987


     =================================================================
                                 ARTICLES
     =================================================================

     Curbing Copyright Abuses by Vendors and On-Line Services

     Date:   October 18, 1986

     From:   Mark J. Welch, Shareware author
             (The Generic Adventure Game System)
             P.O. Box 2409, San Francisco, CA 94126
             Voice [phone] [Berkeley]
             Fido 161/459 [private, Seadog]
             BIX 'mwelch'


     Outline:  I.   CompuServe
               II.  PC-SIG
               III. Pink Panther Data Systems
               IV.  Where To Go (for more discussion of the issues)


     Recently, several unrelated disputes have raised the issue of
     Shareware authors' rights. I'd like to summarize some of the
     issues, and point people to where other discussions are also
     going on. Please note that all text not in quotes is written by
     me. -mjw



     I. CompuServe

     CompuServe Information Services (an H&R Block Company)
     P.O. Box 20212
     5000 Arlington Centre Blvd.
     Columbus, OH 43220
     [phone]
     [phone]




     For a long time, CompuServe (CIS) has claimed copyright to
     certain portions of its download libraries. Recently, a dispute
     between CompuServe and a BBS operator resulted in an article
     inInfoWorld that has sparked a debate over the legitimacy of
     CompuServe's claims.

     Apparently, the dispute arose because the BBS operator was
     downloading programs from CIS and posting them on his bulletin-
     board system, which either required or requested a fee for
     subscribers. The following seven paragraphs of text are from a
     now-widely-distributed message from Neil Shapiro, Sysop of
     MAUG(tm) on CompuServe:

     "1) CompuServe received a complaint from the author of a
     Fidonews                     Page 5                    5 Jan 1987


         copyrighted program 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."

     "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."


     A public message (on FidoNet's IFNA echomail conference) about
     the controversy, from someone who spoke to Shapiro by phone
     included this summary:

        "A 'shoot from the hip' analysis of our conversation yields
        the observation that CIS is not trying to copyright all the
        stuff on their system, just trying to protect software that
        does not give permission for public distribution. Another
        educational insight to this thing is to realize how easy it
     Fidonews                     Page 6                    5 Jan 1987


        is to get things bent out of shape on a telecom
        network....Also, the sysop who was the object of the CIS
        threat was way out of line in his behaviour and probably
        deserved what he got.  It was a definite case of violation of
        copyright laws (remember the phone book analogy...)."

     At least one FidoNet message suggested that users boycott
     CompuServe  for some amount of time; other suggested that the
     Fido BBS software not be allowed on-line on CompuServe if the
     service would claim any copyright ownership to it as a result.

     The controversy did have one effect: several Shareware software
     authors began doing their homework on protecting their legal
     rights (see section IV, below). Rather agressive discussions
     also started about the topic on virtually every electronic
     service and many BBSs.

     I had my own minor dispute with CompuServe a while back: I spent
     45 minutes uploading GAGS to the service, and the file was lost.
     I was charged for the connect time, and decided not to try
     again. Later, I decided to allow CompuServe to post it, and gave
     them permission to do so. I don't know if it's still on-line; if
     it is, it's most likely a very, very old version.

     Needless to say, CompuServe does not own copyright to GAGS,
     either. Its responses to the recent dispute make it clear that
     people can download a few programs from CIS and upload them to
     other BBSs without any legal problems, provided that the
     programs' authors allow such redistribution. If anyone hears
     differently, please let me know.



     =========================



     II.  PC-SIG


     Personal Computer Software Interest Group
     1030-D East Duane Ave., Sunnyvale, CA 94086
     [phone]; orders [phone], [phone] CA

     [earlier articles on this PC-SIG issue appeared in FidoNews #336
     and #338.]

     PC-SIG may sound like the name of a computer users group,
     but it's not. PC-SIG is a privately-held, for-profit
     corporation engaged in the business of selling public-
     domain and Shareware programs on disks. They charge a fixed
     fee of $6 each for each disk, plus $4 shipping per order. There
     are over 500 disks in the PC-SIG library. PC-SIG advertises in
     many national and regional computer publications (including
     BYTE, PC, and InfoWorld). Another recent discovery for me is
     that PC-SIG is in the complete distribution business now. Not
     Fidonews                     Page 7                    5 Jan 1987


     only do they sell disks by mail order and at trade shows, but
     they have "authorized dealers" in the US and even overseas.

     My understanding is that the company is owned by Richard
     Peterson, who is also president. I have also spoken with Hazel
     Peterson, general manager, and Tom Yarr, vice-president of
     marketing. PC-SIG's lawyer is Thomas Caudill, 1025 North Fourth
     St., San Jose, 95112-4942, [phone].

     Shareware authors may recall that in its early days, PC-SIG
     didn't take much care in compiling its library of public-
     domain and Shareware titles. Author's titles would be added
     to the library without permission, and in some cases
     despite clear requirements that permission had to be
     requested.

     For a while, it seemed as if they'd cleaned up their act, by
     getting permissions and paying at least lip service to the idea
     that Shareware authors should get contributions. But I believe
     that several recent actions by PC-SIG are having very serious
     adverse effects on Shareware authors.

     The first action brought to my attention was the letter sent out
     by PC-SIG to vendors whom it believed were improperly using its
     name and disk numbering scheme. After selling its printed
     directory through bookstores and allowing other vendors and user
     groups to use its numbering scheme for several years, PC-SIG now
     says it will sue anyone who uses the same numbering scheme or,
     apparently, mentions their name in any way (other than in a
     disclaimer).

     PC-SIG has filed one legal action so far, according to its
     attorney: a million-dollar lawsuit against now-defunct National
     Public Domain Software (Santa Clara Superior Court, Case no.
     605640). A letter from NPDS's proprietor, Paul Jones, says that
     the suit drove them out of business.

     I have no problem with PC-SIG's interest in protecting its name.
     However, their method of doing so is at best misleading, and at
     worst deliberately calculated to damage the rights of shareware
     authors. [If anyone would like a copy of any of these letters,
     please contact me.]


     In a nine-page threatening letter sent by PC-SIG to several
     vendors, PC-SIG's attorney makes a number of statements that by
     themselves threaten shareware authors' copyright and trademark
     rights:

     1.   Three times in the letter, Caudill claims that all of
          the programs in the PC-SIG library are in the public
          domain. Nowhere in the letter is there any
          acknowledgement that most of the programs' authors
          retain copyright ownership. This sort of claim, if
          repeated, has the effect of diluting Shareware authors'
          rights. [In an Oct. 13 letter to this author, Caudill said
     Fidonews                     Page 8                    5 Jan 1987


          this claim "was made in error" and that future letters
          would correct the wording, but did not address my request
          that he send a correction letter to earlier recipients.]

     2.   Three times in the letter, PC-SIG claims copyright
          ownership of all the disks in the library. The overbroad
          claim in the letter, however, seems to order the recipient
          to stop distributing the programs, not just the programs in
          the same order PC-SIG puts them. [Caudill's Oct. 13 letter
          to this author says that the intent is only to claim
          copyright on PC-SIG's directory disks, and that vendors
          receiving the letter would not be confused. I disagree.]

     3.   PC-SIG also claims, in the letter, that the recipient
          cannot use the same disk names and titles as PC-SIG, as the
          disk names are copyrights (trademarks?) of PC-SIG. [In the
          Oct. 13 letter, Caudill concedes that PC-SIG does not claim
          ownership rights to the titles, except when used in
          conjunction with PC-SIG's copyrighted numbering system.]

     4.   The letter also implies that the program authors somehow
          work for or with PC-SIG; this is unnerving not just
          because I allow many vendors, user groups and BBSs to
          distribute GAGS, but because it implies an affiliation
          that may lead buyers to assume that PC-SIG has paid the
          authors for the programs somehow, thus reducing the
          likelihood of anyone ever sending me money. (I've
          received many registrations, including some from people
          who bought GAGS from other vendors: no one has ever
          registered after buying GAGS from PC-SIG.) [Caudill's Oct.
          13 letter says that the general tone of the vendor letters
          negate this effect, but he agreed to put a note in future
          letters saying that PC-SIG has no proprietary rights in the
          disks it sells.]

     5.   In the letter, PC-SIG also claims that it can collect
          the damages provided in the US Copyright Act, which implies
          that they have registered the disks. I was assured by PC-
          SIG owner Richard Peterson that the firm has not, in fact,
          registered the disks. (Of course, that means that the list
          of damages is simply a bluff that cannot be asked for.)
          [Mr. Caudill's Oct. 13 letter rebuts this, claiming that
          PC-SIG has, in fact, registered the disks.]



     Why is PC-SIG Doing This?
     -------------------------

     Now, as I noted above, I can't object to PC-SIG's legitimate
     interest in protecting its name and its directory. However,
     when I read the letter and talked to other Shareware disk
     vendors, it wasn't clear whether PC-SIG's goal was to protect
     its rights or to drive its competitors out of business.

     PC-SIG is using the money it has made selling MY SOFTWARE to
     Fidonews                     Page 9                    5 Jan 1987


     drive other vendors out of business, thus limiting the overall
     potential of this distribution channel. These other vendors, in
     many cases, are individuals who can't afford to hire a lawyer.

     The most offensive fact is that PC-SIG's letter simply tramples
     on my legal rights. One vendor, who had obtained my permission
     to distribute GAGS, pulled it (and other programs) from his
     library after receiving PC-SIG's overbroad letter. It's back in
     the library, but both that vendor and I lost sales as a result
     of PC-SIG's excessive aggression. If other vendors pull my disk
     or go out of business because of PC-SIG's letter, I lose money
     so that PC-SIG can have a bigger share of a smaller
     marketplace.

     Of course, if this one letter were the only problem with PC-
     SIG, I'd not be so worked up.

     But GAGS originally made its way into the PC-SIG library before
     I gave permission. Luckily for them, I had decided to let them
     distribute it before I found out that it was in the library. I
     gave them permission, and notified them of each update. They
     never sent me anything. PC-SIG completely ignored my update
     notices, instead insisting four months later, when I called
     them, that I had to mail them the update free in order to get
     the new versions into the library. (What a great idea: their
     cost of goods is ZERO. They buy disks for 39 cents and sell
     them for $6 each, with no costs in between.)

     Other authors' programs have found their way into the PC-SIG
     library without permission, and in at least one case was sold
     despite a clear disclaimer in the program stating that for-
     profit vendors like PC-SIG could not distribute it. (This
     latter incident speaks well for PC-SIG's claim that it screens
     every program carefully.)


     PC-SIG's CD-ROM Disk:
     ---------------------

     A few weeks ago, I discovered that PC-SIG had included GAGS on
     its new CD-ROM disk it is selling, in direct violation of the
     permission letter I gave them. Again, it never occurred to them
     to even write me a letter asking for a change to my permission
     letter. [Caudill's Oct. 13 letter claims that PC-SIG's sale of
     the CD-ROM disk does not violate my license, which permits
     sales of any disk for which they charge $8 or less. His letter
     does not mention that the CD-ROM disk sells for $195, which my
     calculator program emphatically says is much more than $8.]



     Lip Service to Shareware authors:
     ---------------------------------

     Last month, at the PC-Faire in San Francisco, I picked up PC-
     SIG's catalog update/newsletter at their huge booth. In the
     Fidonews                     Page 10                   5 Jan 1987


     catalog comes yet another slap in the face. I expect companies
     like PC-SIG to make a good-faith effort to encourage buyers to
     pay for their disks. Instead, the firm's newsletter seems to
     suggest that Shareware authors make megabucks, and don't need
     Shareware contributions. A direct quote:

        "Q: Do the authors who ask for a donation or contribution
            really make money?
         A: The high end of scale for people using the Open Software
            concept to distribute their software is $1.5 million to
            $2.5 million a year. My estimate is that the average
            developer earns about $40,000 to $50,000 a year per
            program. Others make less than $500 a year."

     I must disagree, Mr. Peterson: the average Shareware author
     probably sits a lot closer to your $500 figure. The only folks
     I know who have such large grosses are folks like Bob Wallace
     and Jim Button, who also run expensive marketing campaigns. If
     the average author makes $40,000 per program, I'll eat a floppy
     disk. The effect of such a quote is to make buyers think
     there's no need to pay Shareware authors, since they already do
     so well.

     It looks to me as if most of the money being made in Shareware
     is going into PC-SIG's bank account. By itself, that's not too
     upsetting: I decided to distribute GAGS as Shareware, knowing
     that vendors like PC-SIG may make more money than I.

     But I never expected any company to start firing a gun at the
     authors who are necessary to its very existence.


     PC-SIG Conclusion:
     ------------------

     In my first (September 19) letter to PC-SIG regarding these
     matters, I asked PC-SIG to send a retraction of its vendor to
     everyone who received it, and demanded that GAGS (my shareware
     program, the Generic Adventure Game System) be removed from the
     illegal CD-ROM version of the PC-SIG library. I also demanded
     payment for the copies illegally distributed.

     Mr. Caudill's October 13 reply conceded some points, and agreed
     to change future letters, but did not address my request for a
     correction letter. He also said that their CD-ROM distribution
     of GAGS is legal, but agreed to "pull" it from the next version
     of the disk.

     My October 15 reply to Mr. Caudill and Mr. Peterson did several
     things: it revokes PC-SIG's license to distribute GAGS,
     effective November 1, 1986; it requests again that a correction
     letter be sent; it demands that PC-SIG pay for illegally
     distributed copies of GAGS; and requests a written apology for
     the firm's improper conduct.


     Fidonews                     Page 11                   5 Jan 1987


     =============================



     III.  Pink Panther Data Systems

     Pink Panther Data Systems
     Richard E. Andrew
     P.O. Box 271098
     Escondido, CA 92027-0732


     Pink Panther is a tiny, nearly insignificant vendor, compared
     to PC-SIG. However, I recently discovered that they are even
     more discourteous.

     About two months ago, I noticed their booth at a computer swap
     meet here in Northern California. I looked in the catalog and
     noticed that GAGS was in their library; I knew they had not
     asked for permission, so I asked to speak to the person in
     charge.

     I informed Mr. Andrews that GAGS cannot be distributed by any
     for-profit vendor unless the vendor writes and requests my
     written permission. He agreed to pull the disk from the
     library, and to write and ask for my permission.

     Two weeks later, I again saw the company exhibiting at a show,
     and again discovered that they were selling GAGS. Mr. Andrews
     said that he'd been busy and thus unable to write a letter
     asking for permission, and that he'd put the disk back in the
     library by accident.

     I told him that I was quite displeased with his actions, and
     would send him a letter to that effect, but pointed out that if
     he wished to distribute GAGS, I would grant permission on
     receipt of a written request. I sent him my usual firm-but-
     polite letter asking that he either stop distributing my
     program or remove it from his library, and demanding a written
     reply within 20 days.

     He wrote back, saying that he had not actually sold any copies
     of GAGS, that he has removed it from the library, and that he
     thought I was being too protective of my program. He didn't ask
     for permission to distribute it.


     Why am I upset?
     ---------------

     Mr. Andrews' reply letter suggested that my actions in
     "fervently defending" my rights will reduce overall
     distribution of GAGS and hence my own income. I agree with the
     former but not the latter. By requiring that for-profit
     enterprises obtain my written permission before distributing
     GAGS, I can provide updates and information more efficiently,
     Fidonews                     Page 12                   5 Jan 1987


     rather than trusting to "word of mouth." I am also better able
     to check that such vendors are complying with the rules.

     Mr. Andrews' letter also suggested that I was "totally barring"
     distribution of GAGS by commercial libraries. He's wrong: any
     such enterprises that obtain written permission and agree to
     the terms in Appendix C of the GAGS manual may distribute GAGS.
     Many firms have done so, and I have never yet refused
     permission, though I might in some cases.

     The following is taken directly from my reply to Mr. Andrews:

     "One main point seems to have escaped many commercial vendors
     of 'user-supported' software. Such vendors are responsible, as
     is any publisher, for obtaining legal rights to distribute
     these programs. Getting such permission is a cost of doing
     business, and in fact is one of relatively few costs that exist
     in [that] particular business.

     "A few years ago, I worked for an academic book publisher. For
     each quote or excerpt by an author, we obtained written
     permission from the copyright owner. It took us hundreds of
     hours to do this for a typical book. Such permission was almost
     always free and gladly given. Had we not obtained permission,
     there would be no great financial loss to the original
     publisher or author. Indeed, the quote increases sales of the
     original work. But refusal to seek permission would be a breach
     of common courtesy. It is also illegal.

     "Refusal to seek the permission of shareware authors also shows
     a lack of common courtesy, and a lack of respect for the law."





     =================================



     IV. Where To Go  (for more discussion of shareware rights)

     The discussion of these issues has sparked several developments.


     RIGHTS Echomail
     ---------------
     First, a new FidoNet "Echomail" conference has been started to
     discuss the issues. The EchoMail area is called "RIGHTS" and is
     being coordinated by Steve Butler (138/3), Rob Barker (138/34
     aka 17/0) and Tracy Graves (138/39), all of Tacoma, WA. It has
     already been picked up in the Austin, Texas area, and will
     probably be available soon on many more Fido BBSs around the
     country. (Echomail conferences periodically "echo" messages to
     each other, so each discussion has many more participants than
     a single BBS could support.)
     Fidonews                     Page 13                   5 Jan 1987


     The CompuServe issue was also widely discussed in the IFNA, and
     apparently the SYSOPS, Echomail conferences.

     According to a widely-distributed message, the RIGHTS echomail
     conference will discuss: "Who has what programs on the $ervices
     for which they were the authors? What steps WILL we take to
     protect our ability to distribute PD programs, Shareware, etc?
     What contacts do we have (collectively) in the Publishing
     Industry? What contacts do we have on state and federal
     legislatures? Who is willing to do some legwork to define
     exactly what our exposure is (legally) along the lines of
     routines from: CompuServe, PC Magazine, CL Publications, etc.

     "We don't want a bitch session.  We want those who are willing
     to act based on a collective, well thought out plan of action.
     Plan the action for step #6. Freedom of authors to distribute
     their handiwork as they desire. Freedom of BBS systems to have
     available PD, Shareware, User supported, etc. programs for
     download in accordance with the authors wishes -- not somebody
     elses money scheme what protection do sysops need from users
     uploading known copyrighted (ie, not for distribution by BBS)
     software...."

        Probus International, Puyallup, WA   [phone] (138/3)
        Arctic Net,           Steilacoom, WA [phone] (138/34)
        Computer Coach,       Tacoma, WA     [phone] (138/39)



     Other On-Line Discussions
     -------------------------
     In addition to FidoNet, there have been some discussions on BIX
     (the Byte [magazine] Information Exchange), and of course on
     CompuServe. Both are fee-based information services, charging
     for connect time. For informaton on CompuServe, call the toll-
     free number mentioned in (I) above. To get onto BIX, see any
     recent issue of BYTE magazine or call (800) 277-BYTE or (603)
     924-7681.


     FidoNews
     --------
     I doubt I'll be only one to discuss this issue in FidoNews,
     which is the electronically-distributed newsletter for Fido BBS
     sysops. It's available from many Fido BBSs, and is edited by
     Thom Henderson (yes, the co-author of ARC and Seadog), who can
     be reached at Fido node 1/1 (somewhere in New Jersey). Another
     Fido newsletter is the Net 161 Nooseletter, coordinated by
     Butch Walker at Fido nodes 161/1 through 161/4. I'm sure there
     are other newsletters as well; if any contain discussions of
     these issues, I'd like to hear about them.


     IFNA
     ----
     The International Fido New Association is a non-profit
     Fidonews                     Page 14                   5 Jan 1987


     organization of Fido Sysops. It will apparently soon become the
     distribution arm through which commercial copies of Fido can be
     purchased, and will also be doing work on behalf of Fido
     sysops, possibly including legal help. Ken Kaplan, Ben Baker,
     Thom Henderson, and Tom Jennings are probably the best people
     to get information from on IFNA. Of course, there's also an
     IFNA echomail conference on many Fido BBSs nationwide.


     Legal Help
     ----------
     Shareware authors are well advised to investigate their legal
     rights before they begin distributing their programs, if they
     wish to retain copyright ownership.

     I've not read it, but several people have suggested the book
     "Legal Care for Your Software," which "goes into all sorts of
     detail for copyrights, selling of marketing rights, royalties,
     etc.," according to a public Fido message. I believe it's
     published by Nolo Press, 950 Parker St., Berkeley, CA 94710,
     [phone].

     There are other books on that and related subjects from many
     publishers. Check any bookstore with a large computer book or
     legal book section.

     At one time, there was a "model" Shareware license agreement
     posted on CompuServe. I used it as a starting point for the
     license agreement used in GAGS (appendix C in the GAGS manual),
     but it was much different from what I ended up with.

     It may or may not help to talk to a lawyer, since the whole
     issue of legal protection for Shareware is still so uncertain.
     If you're writing a program that you think is worth a lot, you
     should probably talk to a lawyer. Keep in mind that lawyers are
     expensive.


     Publications
     ------------
     Unfortunately, now that InfoWorld has completed the transition
     from general-interest computer newspaper to a newsweekly for
     "volume buyers of PCs," there aren't really any regular news
     sources for these types of issues. Of course, InfoWorld and
     many other magazines will continue to publish occasional
     articles on these issues.

     Another good source for this type of information are local user
     group newsletters. Groups like the Boston Computer Society, and
     the San Francisco PC Users Group provide excellent newsletters.

     If anyone knows of other publications that cover these issues
     regularly, please let me know.


     Me
     Fidonews                     Page 15                   5 Jan 1987


     --
     I'll continue writing occasional articles about the progress of
     some of these issues, and will drop them into FidoNews and
     anywhere else I'm welcome. I'm always glad to talk about the
     issue, too.

                  Mark J. Welch, Shareware author
                  (The Generic Adventure Game System)
                  P.O. Box 2409, San Francisco, CA 94126
                  Voice [phone] [Berkeley]
                  Fido 161/459 [private, Seadog]
                  BIX 'mwelch'


     [About the author: Mark J. Welch is now a freelance writer and
     full-time law student. He was formerly a reporter for InfoWorld
     and earlier was associate news editor for BYTE.]

     -----------------------------------------------------------------

     Fidonews                     Page 16                   5 Jan 1987


     =================================================================
                                  NOTICES
     =================================================================

                          The Interrupt Stack


     17 Jan 1987
        Deadline for voting on the proposed bylaws.  Your ballot MUST
        be received by this date!

     17 May 1987
        Metro-Fire Fido's Second Birthday BlowOut and Floppy Disk
        Throwing Tournament!  All Fido Sysops and Families Invited!
        Contact Christopher Baker at 135/14 for more information.

     24 Aug 1989
        Voyager 2 passes Neptune.


     If you have something which you would like to see on this
     calendar, please send a message to FidoNet node 1/1.

     -----------------------------------------------------------------

                           RADIO COMPUTING DIGEST

     Devoted   to   Low-Cost,    License-Free,    Wireless    Computer
     Communications. Public Digital Radio Service (PDRS) coverage, and
     much more. PDRS baud rate, in excess of One Million bps.

     Radio  Computing Digest (RCD) will show you how to set up Digital
     Radio Stations,  BBS's and LAN's.  Both local and  long  distance
     links possible. Connect your computer to others, without Ma Bell!
     For a copy of RCD's Premier Issue, send Three Dollars to:

              P. L. Christensen, Box 916, Oroville, WA. 98844

     -----------------------------------------------------------------

                         WEIRDBASE IS BACK ON-LINE!

     Yes, Fido 100/523,  WeirdBase,  the coordinator of the Magick and
     SF Echomail conferences,  is back up and on-line.  I apologize to
     the entire world for the crash;  it was mostly my fault  (but  be
     VERY careful using RENUM on a hard disk that is nearly full).  If
     you sent me,  or anyone at 100/523,  FidoNet mail during the week
     prior to December 13th, it was probably lost un-read.  Please re-
     send it.  Thank you!
                                     - Brad Hicks, Founding Sysop
                                       WeirdBase, Fido 100/523

     -----------------------------------------------------------------

     Fidonews                     Page 17                   5 Jan 1987


     *Official IFNA By-laws Ballot
          Official IFNA Articles of Association and By-laws Ballot

     We,  the interim directors of IFNA,  submit for ratification  the
     Articles  of  Association  and  By-laws  as published in FidoNews
     number 349.  In accordance with the recommendation of the By-laws
     Committee, each person listed as the Sysop of one or more FidoNet
     nodes, as of NODELIST.311 dated November 7, 1986,  is entitled to
     ONE vote.

     The  proposed  IFNA  Articles  of  Association  and  By-laws,  as
     published in Fido349.NWS dated December 22, 1986, should be:


     (Check one line)            Adopted  ________

                                 Rejected ________

     I am the SYSOP of record a  FidoNet  node  which  was  listed  in
     NODELIST.311  dated  November 7,  1986 and have the right to cast
     one vote.  There will be ONLY be one vote per person.  There will
     be ONLY one vote per net/node number.  I understand  these  rules
     and cast my ballot in accordance with them.




                     _______________________     ___________
                         Signature                   Date


                     _____/______
                      Net  Node


     Return  this  ballot  via  U.  S.  Mail  to arrive not later than
     January 17, 1987 at:

         IFNA Ratification
         C/O Christopher L. Bonfanti, CPA
         Aselage, Kiefer & Co.
         701 Emerson Road, Suite 201
         Creve Coeur Corporate Center
         St Louis, Mo. 63141-6709

     Aselage,  Kiefer & Co.  are Certified Public Accountants and will
     provide an independent count of the vote and publish the  results
     in  FidoNews.  Votes  received by Saturday,  January 17th will be
     included in the results.

     -----------------------------------------------------------------