CompuServe Thread

#Copywrite

6 messages in this thread
#134506From: sanford kennedyNov 8, 1994 9:15 PM
Dear Everybody, If I/we/you place any text herein or on the Internet, does that text have copywrite protection, even though we do not place in the text the legal words "Copywrite 1994, Author's Name." Some people say yes. I think not. I do not see an author being able to sue any party that lifts a line or lines from Compuserve or the Internet. Is there a lawyer in the house? This is in reference to electronic newlsetter submissions. I contend that a paper copy of the article must be prepered and sealed with the date and the proper copywrite notice to protect it in court. This is not a big deal unless somebody lifts your work and makes a profit. What think you? Regards, Sanford
#134567From: Kevin C. GibsonNov 9, 1994 5:19 AM
San, my man, the Bugmeister Saw a message regarding "broadcast" adressed to Kevin but it wasn't my CIS number. I did extend a warm hello via the SEN command the other day. Soooo, if you was tawkin at me… I'd be glad to 'splain. Just let me know if I'm the Kevin you were shootin for…. Kevin [ 75313,620 ] ___________________________________________________________________________ RE: the Copyright thing…. in Basic Services… GO RUL-20 will produce the: COMPUSERVE ONLINE INFORMATION SERVICE AGREEMENT TERMS Bugman, check out Rule 8 8. Except as expressly permitted in the Operating Rules, neither member nor its designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which they receive through the Service. GO RUL-12 will deliver this bit of info: MAY I DOWNLOAD AND RESELL A PROGRAM FROM A COMPUSERVE FORUM DATA LIBRARY? Commercial exploitation of material contained on the CompuServe Information Service is specifically prohibited by the CompuServe Service agreement, to which each member agrees before being permitted to access the Service. Therefore, members cannot lawfully download and redistribute public information or shareware programs for personal gain. In addition, mass redistribution of public domain information or shareware is also prohibited. Mass distribution is defined as high frequency and/or high volume transfers. Here's some other stuff: GO RUL-30 … The following information will address some commonly-asked questions about copyright and ownership of material, particularly as it relates to public domain information and shareware programs. GO RUL-4 Gives you this menu Copyright/Ownership RUL-4 1 Compilation Copyright 2 Ownership of Information 3 Copyrighted, Public Domain and Shareware Programs 4 Download For Personal Use 5 Redistribution of Information 6 Commercial Use/Redistribution 7 Penalty for Violations GO RUL-5 WHAT IS A COMPILATION COPYRIGHT? CompuServe has copyrighted the contents of the CompuServe Information Service as a compilation copyright, just as many magazines and newspapers reserve such a copyright on the contents of their publications. This copyright is held in accordance with the 1976 Copyright Act of the United States. A compilation copyright is granted when an organization collects information in a lawful way, adds value to it, and offers it to others. In this case, the CompuServe Information Service is a value-added product; CompuServe Inc. has committed substantial financial resources to collecting more than 1700 areas on the service and offering them in an organized, structured way to a defined user base through a nationwide telecommunications network. The compilation copyright is intended to protect that substantial investment from unauthorized exploitation. This does NOT mean that CompuServe assumes ownership of individual programs and databases provided to the system by members or information providers. GO RUL-7 IF I UPLOAD A SOFTWARE PROGRAM I'VE DEVELOPED TO COMPUSERVE, DO I STILL RETAIN OWNERSHIP OF THE PROGRAM? Yes, you do. CompuServe's compilation copyright does NOT supersede individual ownership rights or copyrights to any of the material furnished to the Service by members or information providers. For example, a member who creates a program and uploads it to a CompuServe forum data library STILL OWNS that program, and may upload it to other information services and bulletin board systems. It should be noted, however, that CompuServe cannot grant any redistribution rights for materials copyrighted by the author, unless specifically authorized to do so, CompuServe does not own the material or the copyright. These rights must be obtained directly from the author. GO RUL-10 lands you here: MAY I DOWNLOAD PROGRAMS FROM COMPUSERVE FORUM DATA LIBRARIES AND SHARE THEM WITH A FRIEND, OR UPLOAD THEM TO ANOTHER BULLETIN BOARD SYSTEM? In keeping with the spirit of the development of public domain information and shareware, it is not CompuServe's current policy to prevent casual redistribution of this type of information — this is low volume and low frequency use or redistribution of information where no commercialism is involved. This means that a member may download a file and share it with others for no commercial gain — either via a bulletin board service, diskette, or other means. A member may not, however, download a large number of files for redistribution via any means, nor is it acceptable for a member to update another bulletin board regularly with files obtained from CompuServe. It's important to note that CompuServe cannot grant redistribution rights for programs clearly copyrighted by the author, unless specifically authorized to do so. Such permission must be obtained directly from the author of the program. GO RUL-14 WHAT ARE THE PENALTIES FOR VIOLATING THE COMPILATION COPYRIGHT OR SERVICE AGREEMENT PROVISIONS? When a situation involving exploitation is brought to CompuServe's attention, we investigate and, if warranted, remind the violator of the Service Agreement Terms. If subsequent violations are reported, access to the CompuServe Information Service may be terminated for the violator and, in extreme cases, a letter is sent from our legal counsel asking that he or she cease and desist, or risk further legal action. This is done as a positive step to protect the value and use of the material for CompuServe Information Service members, and to discourage unauthorized redistribution of that material. Sanford, GO RUL-31 produces the following: WHAT IS COMPUSERVE'S STANCE TOWARD COPYRIGHTED, PUBLIC DOMAIN, AND SHAREWARE PROGRAMS? Each of these types of property have special characteristics, and deserves separate explanation: COPYRIGHTED MATERIAL CompuServe does not allow copyrighted material to be placed on the CompuServe Information Service without the author's permission. Only the owner(s) or persons they specifically authorize may upload copyrighted material to the Service. Any member may download copyrighted material for their own use. Any member may also non-commercially redistribute a copyrighted program with the expressed permission of the owner or authorized person. Permission must be specified in the document, on the Service, or must be obtained directly from the author. See menu choices 5,6 and 7 for more information about redistribution guidelines. PUBLIC DOMAIN Any member may upload public domain programs to the Service. Any member may download public domain programs for their own use or non-commercially redistribute a public domain program. See menu choices 5,6, and 7 for more information about redistribution guidelines. SHAREWARE Only the owner or an authorized person may upload shareware programs. Any member may download shareware programs for their own use, subject to the terms provided by the owner. Any member may non-commercially redistribute a shareware program subject to the provided terms explicitly displayed in the software itself, or with permission of the owner or authorized person. See menu choices 5,6 and 7 for more information about redistribution guidelines. SOOOOOOO, I hope this covers the matter. Later for me….. Kev
#134719From: sanford kennedyNov 9, 1994 5:12 PM
WOW! Yes. Thanks, Kevin…this is much appreciated. The message seems to say "lay low and don't try to make a profit…then we won't bother you." Well, that seems pretty nice. But, when money becomes the issue, look out. That business, I guess. So, about the message.. it likely was from you…I could have got the numbers wrong. dThanks again for finding this pile of rules. I havn't been that interested until David started calling for articles and talked aboaut re- publishing them. (which I think would be a good idea, if everybody gives permission) Sounds like he can do it if he goes through channels properly. Regards, Sanford
#134653From: Brian Rudolph [Adesk]Nov 9, 1994 11:33 AM
<<If I/we/you place any text herein or on the Internet,>> As Kevin has so aptly shown, there are quite a few rules and regulations regarding copyrighted information here on CompuServe. However, do not think they also apply or are enforceable on the Internet. In order to access Compuserve, you must Join a service and sign an agreement. This is not the case for the Internet. One of the biggest barriers to this issue on the Internet is: Who's rules do you follow? The internet is multi-national, and not all rules or laws are the same. And even if they were, there is no legal body to enforce them. So…play it safe with the Internet. If you are posting something or making something publicly available, you can EXPECT it to be copied and reused without your permission, in fact, any reference to yourself might be totally stripped. That is just the nature of the Internet. (Don't think I'm saying this is a bad thing, I love my Internet. I'm just pointing out differences.) -Brian
#134724From: sanford kennedyNov 9, 1994 5:21 PM
Brian, Another fact of life. Well, the great dream about electronic publishing being a boon to mankind has its downside. But, it doesn't mean I wouldn't consider it now. But, it certainly makes me sit back and wonder about the information highway. It should be called the "free" information highway. Sanford
#134654From: Brian Rudolph [Adesk]Nov 9, 1994 11:36 AM
<< I do not see an author being able to sue any party that lifts a line or lines from Compuserve or the Internet.>> Oh yeah, from Compuserve, yes you can. It has been done. From the Internet, no way. (although it is being done, I don't see success in their future.) -b