#To PD, or not PD?
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John,
You're basically correct; however, permit me to address a few of your comments,
and correct several possible misimpressions that could be drawn from them:
o CompuServe is concerned about re-distribution of software and other files
originating in our Data Libraries, especially for profit or to mass audiences
of one type or another. We do not and will not get hysterical about an
individual user who happens to give a single copy of his favorite program to
a friend or associate, on the presumption that this loosely falls within the
realm of "personal use". However, our policy does prohibit the
re-distribution of software obtained here on CompuServe by media directed to
an audience at large, such as a BBS, a user group disk, or another
telecomputing service. I think the difference between these two modes of
distribution – a single copy provided to an individual, and a copy placed on
a medium for public or mass consumption – is less than subtle.
o The statement that "software in the data libraries … is the property of
CompuServe" is easily misinterpreted. CompuServe's copyright policy does
nothing to supersede the rights of the author of the software or file; we do
not in effect "take possession" of the file on upload. The author is still
free to distribute the file through other media of his choice, to specify his
own limits on further distribution, or to withdraw it from distribution upon
request to the appropriate Forum Manager. If a file, which happens to be
found in our Data Libraries, is obtained from another source or from the
author, that is beyond the scope of CompuServe's policy. The policy does,
however, specify that a file may not be downloaded from a Data Library here
on CompuServe and then placed into another medium intended for
re-distribution to a larger audience than the individual user who downloaded
it. When you mention the "fee" paid, in the form of connect charges, by a
user who downloads a given file, it is in effect a fee for personal use only;
you are not purchasing rights of re-distribution, either from CompuServe or
from the original author of the file.
o Yes, "CompuServe has the right to terminate your account if you violate
the membership agreement". I don't, however, recall this being mentioned in
your conversation with Jim, and it is not a right which is exercised
casually. In general, our procedure is to contact the user, ensure that our
copyright policy and the membership agreement are understood, attempt to
obtain compliance both in the present case and in the future, and go from
there. This was the nature of your discussion with Jim. If there is a
continuing problem involving a given user after these efforts have been made,
then yes, termination of the user's account is one of the options available
to CompuServe in order to resolve the situation.
o While we appreciate your thought in suggesting that users "alert a
CompuServe representative" should they suspect misappropriation of files
originating here, we're frankly not interested in setting up a police force
to handle this sort of affair. Make no mistake about it, when clear cases
of violation of our policies are detected, we'll take steps to correct the
situation; but we aren't inviting the creation of a "Big Brother task force",
nor encouraging that members be "deputized" to keep a lookout for these
activities. Your suggestion that, in such cases, the individual submitting
the file for redistribution be advised of its nature, and that such files be
refused when they obviously originated here, should be sufficient to protect
both the user's interest and our own.
I don't want to use up a lot of daylight discussing this issue, as I think
the meaning and intent of the policy can be understood clearly simply by
reading it as posted on the service, and there are plenty of other issues to
be discussed here that are more appropriate to the environment. However, if
there are specific questions about the policy, you're free to contact me via
EasyPlex electronic mail to 70006,2026.
Best,
-<Dave>-
Dave Paul/CIS Product Marketing