CompuServe Thread

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#CompuS Copyright

19 messages in this thread
#35806From: Roger F. BeckerOct 9, 1986 9:49 PM
Steve: The notion that CIS claims it has anthological copyright to the files in DL is outrageous. The analogy you draw to the publishing arena are certainly not precedencial; they are part of the US Copyright law. Using this logic, do I have anthological copyright to the 100+ public domain disks that I have? No, of course not. CIS provides a librarian service (although this analogy is not quite accurate either, since public libraries are free) for a fee. They maintain a system that allows easy searching and downloading of public domain programs, data and text files. Do you mean to say that CIS sends a copy of every single file it maintains online to the Copyright Registration Office every week, along with their $10 cheque? I don't think so. Of course, the author of a program may include a notice that the program may not be uploaded to any other public data libraries. This notice has all of the legal force of the '… may not be duplicated in any form …' notices that you see on commercial programs every day. And they're just as enforcable. CIS has no right, under the law, to defend the copyright of an author whose program is in their data libraries. Unless, of course, that author has retained CIS to defend him. And, of course, CIS had no legal ground to tell Mr. Sande that such-and-such program would not be permitted on his BBS. It's nothing more than the typical harrassment by a big business of a little guy that isn't aware of his rights. Roger
#35825From: Dan MooreOct 9, 1986 10:51 PM
Who says you have to send the money to the Copyright Office in order to have a copyright????? That is _NOT_ what the law says. All registering with the Copyright Office does is provide legal proof of the starting date of the Copyright. Not filing does not in any way remove (or prevent) the copyright on the work. I see no contradiction at all in CIS claiming an anthology copyright on the DLs. That is not at all the same as what your 100 PD disks are. Do you have a disk catalog and description of each file? If you do then the two cases are similar, if you don't they aren't. Who said the author didn't retain CIS to protect his copyright? Not having talked to author neither one of us is in a position to say whether he did or didn't. If you go check on MAUG (where a lot of the file came from) you will find a lot of programs uploaded by Apple as official updates to system software. For these files Apple has a contract with MAUG to distribute these files (MAUG is the only legal electronic distribution source). If any of these files were involved (I don't know, I only saw a very limited part of Sande's BBS so I can't say for sure) then CIS (as the represenative of MAUG) had a very definite right to do something. You sure seem convinced that CIS is just a big guy picking on a little guy. Have you every considered that CIS is being picked on since they are number one? (This is just a valid a claim as the one you made.)
#35951From: Scott ShukatOct 10, 1986 9:45 PM
Hi Dan, what you wrote about 'Copyright' is accurate. What is so crazy about most of those complaining about CIS' policy is that they don't seem to understand what Copyright is about or why, how and when it comes into effect. Frankly I am surprised reading messages by folks who don't want their intellectual accomplishments protected, even if they want to give it away for free. Scott
#35951From: Scott ShukatOct 10, 1986 9:45 PM
Hi Dan, what you wrote about 'Copyright' is accurate. What is so crazy about most of those complaining about CIS' policy is that they don't seem to understand what Copyright is about or why, how and when it comes into effect. Frankly I am surprised reading messages by folks who don't want their intellectual accomplishments protected, even if they want to give it away for free. Scott
#36021From: Roger F. BeckerOct 11, 1986 12:46 PM
Dan: There is a fee that accompanies a copyright registration. I'm aware of the reasons and meaning of registering; please read some of my other messages (specifically, I think, to Steve Ahlstrom). In fact, I have catalogued, quite thoroughly, my collection of PD. I still have no right to anthology claims because, among other reasons, it's not published. I'm sure the CIS attorneys are not free lancing for PD authors. I certainly am convinced of CIS picking on the little guy. Roger
#36044From: Dan MooreOct 11, 1986 4:38 PM
Yes there is a fee in copyright registration. But NO WHERE does it say you have to register anything to copyright a program. TO copyright something you must place a copyright notice in the work and then distribute the work (sell it or whatever). That is ALL you have to do. Registering the copyright just provides proof of when the copyright began (important if you have a court battle over the work). I consider the DL's to be published, which means CIS can claim an anthology copyright. I never said CIS's attorney was freelancing. All I said was that the author requested CIS to represent him and they did. (Any financial arrangements are the author's and CIS's business not ours.) I don't see CIS picking on a little guy, I see them pointing out to a person that he was breaking the law. In my mind that is "picking" on someone.
#36091From: Steve AhlstromOct 12, 1986 1:41 AM
I assume you meant "In my mind that is [not] picking on someone".
#36141From: Dan MooreOct 12, 1986 8:13 PM
Right. I really wish we could go back and edit msgs after they are left. It'd make things a lot easier.
#36141From: Dan MooreOct 12, 1986 8:13 PM
Right. I really wish we could go back and edit msgs after they are left. It'd make things a lot easier.
#36091From: Steve AhlstromOct 12, 1986 1:41 AM
I assume you meant "In my mind that is [not] picking on someone".
#36044From: Dan MooreOct 11, 1986 4:38 PM
Yes there is a fee in copyright registration. But NO WHERE does it say you have to register anything to copyright a program. TO copyright something you must place a copyright notice in the work and then distribute the work (sell it or whatever). That is ALL you have to do. Registering the copyright just provides proof of when the copyright began (important if you have a court battle over the work). I consider the DL's to be published, which means CIS can claim an anthology copyright. I never said CIS's attorney was freelancing. All I said was that the author requested CIS to represent him and they did. (Any financial arrangements are the author's and CIS's business not ours.) I don't see CIS picking on a little guy, I see them pointing out to a person that he was breaking the law. In my mind that is "picking" on someone.
#36021From: Roger F. BeckerOct 11, 1986 12:46 PM
Dan: There is a fee that accompanies a copyright registration. I'm aware of the reasons and meaning of registering; please read some of my other messages (specifically, I think, to Steve Ahlstrom). In fact, I have catalogued, quite thoroughly, my collection of PD. I still have no right to anthology claims because, among other reasons, it's not published. I'm sure the CIS attorneys are not free lancing for PD authors. I certainly am convinced of CIS picking on the little guy. Roger
#35825From: Dan MooreOct 9, 1986 10:51 PM
Who says you have to send the money to the Copyright Office in order to have a copyright????? That is _NOT_ what the law says. All registering with the Copyright Office does is provide legal proof of the starting date of the Copyright. Not filing does not in any way remove (or prevent) the copyright on the work. I see no contradiction at all in CIS claiming an anthology copyright on the DLs. That is not at all the same as what your 100 PD disks are. Do you have a disk catalog and description of each file? If you do then the two cases are similar, if you don't they aren't. Who said the author didn't retain CIS to protect his copyright? Not having talked to author neither one of us is in a position to say whether he did or didn't. If you go check on MAUG (where a lot of the file came from) you will find a lot of programs uploaded by Apple as official updates to system software. For these files Apple has a contract with MAUG to distribute these files (MAUG is the only legal electronic distribution source). If any of these files were involved (I don't know, I only saw a very limited part of Sande's BBS so I can't say for sure) then CIS (as the represenative of MAUG) had a very definite right to do something. You sure seem convinced that CIS is just a big guy picking on a little guy. Have you every considered that CIS is being picked on since they are number one? (This is just a valid a claim as the one you made.)
#35866From: Don Curtis/SYSOPOct 10, 1986 1:27 AM
Roger, You state your facts as if you were well acquainted with the copyright laws. Your facts also are in disagreement with what has been published in books relative to copyright law and what CIS claims (thru their corporate lawyers) to be the law. Can you perhaps give us your background in this area so the readers can properly evaluate your statements? Don
#36029From: Roger F. BeckerOct 11, 1986 1:11 PM
Don: I read 'so the readers can properly evaluate your statements' to mean you. I'd be happy to give my background. I'm a composer, musician and inventor with over 20 patents and over 100 (well over 100, actually) registered and published works. I'm also very close with my patent/trademark/copyright attorney (who also happens to be my brother), with whom I consulted on the issues raised here before putting my two cents in. Incidentally, it seems I've managed to persuade my brother to write a paper on this issue (using messages that I've archived) – he specializes in copyright law as it pertains to the software and toy industries (er, different specialties there, of course). With his permission, I'll UPLoad the paper upon completion. Roger
#36030From: Don Curtis/SYSOPOct 11, 1986 1:23 PM
Roger, Certainly I was interested, and I also hope the others reading the thread were interested in your background so they could evaluate the validity of your statements. I'm sure you have seen messages posted here that seem to be from authoritive sources, but when pressed on the issue, it turns out that the author has no background or experience in the area. With the background you stated, I would certainly have to give some weight to your statements and would appreciate an upload of your brother's information if he so allows.
#36030From: Don Curtis/SYSOPOct 11, 1986 1:23 PM
Roger, Certainly I was interested, and I also hope the others reading the thread were interested in your background so they could evaluate the validity of your statements. I'm sure you have seen messages posted here that seem to be from authoritive sources, but when pressed on the issue, it turns out that the author has no background or experience in the area. With the background you stated, I would certainly have to give some weight to your statements and would appreciate an upload of your brother's information if he so allows.
#36029From: Roger F. BeckerOct 11, 1986 1:11 PM
Don: I read 'so the readers can properly evaluate your statements' to mean you. I'd be happy to give my background. I'm a composer, musician and inventor with over 20 patents and over 100 (well over 100, actually) registered and published works. I'm also very close with my patent/trademark/copyright attorney (who also happens to be my brother), with whom I consulted on the issues raised here before putting my two cents in. Incidentally, it seems I've managed to persuade my brother to write a paper on this issue (using messages that I've archived) – he specializes in copyright law as it pertains to the software and toy industries (er, different specialties there, of course). With his permission, I'll UPLoad the paper upon completion. Roger
#35866From: Don Curtis/SYSOPOct 10, 1986 1:27 AM
Roger, You state your facts as if you were well acquainted with the copyright laws. Your facts also are in disagreement with what has been published in books relative to copyright law and what CIS claims (thru their corporate lawyers) to be the law. Can you perhaps give us your background in this area so the readers can properly evaluate your statements? Don