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BTN: Birmingham Telecommunications News
COPYRIGHT 1990
June 1990 Volume 3, Issue 5
Table Of Contents
-----------------
Article Title Author
Policy Statement and Disclaimer................Staff
Editorial Column...............................Mark Maisel
Its' Not Too Late!!!...........................Ricky Morgan
Copyright Law..................................Jordan J. Breslow
PC-MENU MASTER: A Review.......................Radio Active
WWIV: Part 2 of 3..............................Duck Capps
Profile: Richard Foshee.......................Chris Mohney
PC Board 14.5 (beta) New and Enhanced Commands.David Terry
Known BBS Numbers..............................Staff
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Disclaimer and Statement of Policy for BTN
We at BTN try our best to assure the accuracy of articles and
information in our publication. We assume no responsibility for
damage due to errors, omissions, etc. The liability,if any for BTN, its
editors and writers, for damages relating to any errors or omissions,
etc., shall be limited to the cost of a one year subscription to BTN,
even if BTN, its editors or writers have been advised of the likelihood
of such damages occurring.
With the conclusion of that nasty business, we can get on with our
policy for publication and reproduction of BTN articles. We publish
monthly with a deadline of the fifteenth of the month prior to
publication. If you wish to submit an article, you may do so at any
time but bear in mind the deadline if you wish for your work to appear
in a particular issue. It is not our purpose to slander or otherwise
harm a person or reputation and we accept no responsibility for the
content of the articles prepared by our writers. Our writers own their
work and it is protected by copyright. We allow reprinting of articles
from BTN with only a few restrictions. The author may object to a
reprint, in which case he will specify in the content of his article.
Otherwise, please feel free to reproduce any article from BTN as long as
the source, BTN, is specified, and as long as the author's name and the
article's original title are retained. If you use one of our articles,
please forward a copy of your publication to:
Mark Maisel
Editor, BTN
221 Chestnut St.
BHM, AL 35210-3219
We thank you for taking the time to read our offering and we hope that
you like it. We also reserve the right to have a good time while doing
all of this and not get too serious about it.
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N E W S F L A S H
For those of you who read BTN regularly, please pay
attention! Several boards in town that maintain
transfer ratios allow BTN to be downloaded freely
through ProDoor. You may download BTN from these
boards without penalty to your ratio. Among these
that I am aware of are CONNECTION, LZ BIRMINGHAM,
CHANNEL 8250, and Bus System. I am sure that
there are more of them out there.
If you are a sysop and you allow BTN to be downloaded
freely, please let me know via EzNet so that I can
post your board as a free BTN distributor. Thanks.
I am also looking for a new, more useful format for
the Known BBS List. Please send me your suggestions
via EzNet or upload them to Channel 8250, Bus, or
Crunchy Frog. The best way to demonstrate a
suggestion would be to edit the bbs list in this
issue and show how you want it to look. Should
there be more WWIV info, PC Board info, FidoNet
info, other networks and/or systems info???
Remember, I can't do it if you don't suggest it. I
gave up telepathy a few years ago.
MM
EVEN MORE NEWS!
There are two new boards in town worthy of note.
Alter-Ego, run by Lee & Maggie Harden has some,
well, weird conferences. It is definitely worth a
look. If you are a ProDoor freak, you will love
it. Camelot BBS is also a newcomer, so to speak.
Joe McDonald has pulled down Professional's BBS and
put up Camelot in its place. This is much more
than a facelift. He is now running Teleguard 2.5,
has more drive space, no subscriptions, and all are
welcome. Please give these new boards a call.
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Editorial
by Mark Maisel
The summer is upon us and the seasonal BBS lull has struck. The
local systems are, for the most part, pretty dead as far as messages go.
It is nothing to be alarmed about. It happens every year. Pretty soon,
the sysops will start griping about the kids tying up the boards playing
games and leaving weird messages. We are going to do our best to keep
publishing during the summer as we have in the past. I had thought that
this being self-employed business would have allowed me more time for
stuff like BTN. It has not, at least not yet. I am taking a week in
June to visit up north, much further north than Dean's home swamp. I am
also going to be gone to New England later in July and August. Yes, it
is nice. No, you can't accompany me. We will do our best to keep the
articles coming and you can help by writing a few yourself. Don't give
me that business about how you can't write. I have heard it too many
times. Just talk with your fingers. It works every time.
This issue is a good mix. We have humor, reviews, information
about software copyrights, articles on WWIV and PC Board BBS software,
and of course, the ole BTN Known BBS List. Please take the time to read
the articles that have been prepared for you and comment publicly on
them. We don't care if your comments are favorable or otherwise, we
just want to hear them. We can't possibly attempt to go on without
feedback from you. Well, we might attempt it but it will go much better
if we are an interactive publication. Thanks for taking the time!
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Its' not too late!!!
by Ricky Morgan
Well, here it is after midnight...again. The kids have long since
been in bed. My wife stumbled off after them not long ago. So what am I
still doing sitting here, staring bleary eyed at this stupid computer?
Sound familiar? If it does, you just may want to read on. I think
maybe I can furnish an answer for you.
I remember it as if it were only yesterday. I purchased a copy of
"Computer Shopper Magazine" just last year. I was enthralled by the
shear number of ads for computers, parts and peripherals. I leafed
through the hefty magazine, eyeing each ad with lecherous desire,
turning each page slowly. Hoping against hope that one day, soon, I
would be able to afford a better, faster machine than the one I owned.
It wasn't until later that I realized my credit rating wasn't the only
thing in danger from this simple looking magazine.
Unknown to me, laying innocently in the back of this cumbersome
magazine, lay a sleeping virus. Titled, innocently enough, "Bulletin
Boards."
I had been on CompuServe years ago during my Commodore 64 and 300
baud modem days but I found the system too slow and expensive for my
simple needs. But as time passed my work began to demanded that I was
more and more IBM literate. So I found I was able to use the work angle
in acquiring an IBM clone and a new 2400 baud modem. So it was with
naive curiosity that I decided to log on to one of these local
electronic bulletin boards. After all, unlike CompuServe, these boards
are free. Little did I suspect, as I anxiously logged onto The Pinson
Valley PCBoard, that I was changing the direction that my life and my
computer would take; perhaps forever.
I sat diligently reading all those warnings and notices for new
users. Scrutinizing each screen, I sat and watched in wonder, eyes
gleaming with excitement, as the glow from the CRT cast malevolent
shadows across the darkened room where I sat, hunched over the keyboard.
At the time, I saw a whole new world of information opening for me.
Unfortunately I was oblivious to the fact that, even at this early
stage, I was now entrapped in an addiction stronger than any drug.
It wasn't enough that Pinson Valley taunted me with all sorts of
information, messages and free, or semi-free, software. At the end of
the session, I was teased with "Numbers of other BBS's to call."
My heart pounded as I quickly jotted down each number. I was
surprised that there were more boards out there, just sitting, yearning
for me to call. If only I had known. There was still hope for me. Now
it's too late.
Within minutes each new number was in my dialing directory and I
began calling these other systems. I sat there and watched the program
(Procomm 2.4.2) dial each number over and over; waiting for an open
line. I sat on the edge of my chair listening intently as the modem
dialed number after number. If only I had listened closer I would have
noticed that my modem (I always keep the speaker on during dialing)
dialed each number with a sinister chuckle. It knew what I did not. I
was addicted.
I logged on and registered on each system. I couldn't help myself,
the questions were easy and the SySops asked for so little. It was an
easy way to pass computer time, plus, I vindicated myself by saying,
"Look at all the free software, the message bases. All the subjects that
were covered! Call the Birmingham News and cancel the subscription!" I
covertly schemed to put that money to good use. Upgrade!
Oh, I raped and pillaged a few of the first boards. Taking any file
that looked good but soon that wasn't enough. I started reading messages
and actually leaving my own. I started getting replies. I also started
seeing a lot of the same names from board to board. Did I ever once
suspect that this was because these people might be addicted to BBS's?
No. Had the thought crossed my mind, would I have taken action? No.
Months passed, I was registered on more BBS's than I could log onto
in any 24 hr. period. With the, so called, help a local SySop, who shall
remain nameless, I gained access to programs that would call and get
mail and files for me automatically. I didn't even have to be awake.
Finally, I could get some sleep. No longer would I spend endless hours
sitting in front of my screen listening to busy signals; praying
endlessly for an open line. Alas, I still found myself compelled to read
all those messages. It started cutting into less important things; work
and family.
I found that I became nervous and restless, even down right
irritable if I didn't get on at least three boards a day. It was
becoming impossible to even carry on an intelligent conversation with
someone who wasn't into "BBSing." I was a junkie. I still hadn't
realized what was happening. After repeated threats, from my wife, to
have the phone lines disconnected, I tried to cut back on the number of
boards I called. To compensate the loss, I started getting more involved
in the message bases; leaving longer and more detailed messages on the
few systems I let myself call. I even started trying to write articles
for the local newsletter (BTN). It still wasn't enough.
I started lugging my old Compaq into the hotel room with me when I
worked out of town. I accessed boards where ever and when ever I could.
This still wasn't enough.
I began talking to friends and associates about the BBS'. Trying to
get them addicted; I was turning into a pusher. First I would tease them
with files, then turn them on to the message bases. Always helping and
cajoling them to get ever deeper involved. Then, when I no longer could
resist the temptation to be more involved, I actually began
contemplating starting a board of my own; to feed my habit. It was then,
sometime after midnight one night, while I sat pouring over the DOCS for
setting up a BBS, that I realized what was happening. I sat there amid
pile upon pile of incomprehensible instructions and the seed of
realization dawned on me. What a fool I had been.
It's too late for me but I still can warn others. I believe a
computer intelligence, somewhere, has awaken and decided to take over
the world. For good or bad I can't say. It's plan is deceptively simple.
Get as many people involved in electronic communication as possible.
Offer them free software, conversation with intelligent and worldly
people, games, even worldwide mail echoes; no more long distance phone
calls. Entice them, tease them. Once converted they will convince others
to join. Soon you have a self-replicating virus pulling all of humanity
into and under it's control. By controlling the message bases and files,
it controls your thoughts, actions and...your computer.
How many times have you sat down at the computer to, "just waist a
few minutes," only to walk away hours later. Shaking your head and
wondering, "Where did all the time go?" Those little phosphor dots have
a strangely hypnotic effect. What all did you do while you were
hypnotized by the computer? Notice any long distance calls on your phone
bill last month that you're SURE you didn't make? Notice any new files
on your hard disk that you don't remember downloading? Can you really
trust Norton Utilities to tell you the truth?
Do you really know what your computer does at night after you've
gone to bed? How do you know that those files you've gotten off some
board aren't covertly running your computer. Using your computer to call
others after you've left for work. Spreading itself relentlessly.
It's not too late. You can still escape. Don't log on to another
BBS. Toss your modem in the trash. Wipe your hard disk of any and all
software gleaned from BBS'. Then low level format the sucker! It's your
only hope. Good luck!
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The following is reprinted with permission from CPU/STR 16/32bit
Magazine, No. 4.19, May 11, 1990. It has been split into two parts of
which this is part one. This part ends with Chapter 1. MM
Copyright Law
=============
Jordan J. Breslow
1225 Alpine Road, Suite 200
Walnut Creek, CA 94596
+1 415 932 4828
I am an attorney practicing copyright law and computer law. I read
a series of queries in net.legal about copyright law and was dismayed to
find that people who had no idea what they were talking about were
spreading misinformation over the network. Considering that the
penalties for copyright infringement can include $50,000.00 damages per
infringed work, attorneys fees, court costs, criminal fines and
imprisonment, and considering that ignorance is no excuse and innocent
intent is not even a recognized defense, I cringe to see the network
used as a soapbox for the ill-informed. For that reason, this article
will discuss copyright law and license law as they pertain to computer
software.
My goal is to enable readers to determine when they should be
concerned about infringing and when they can relax about it. I also want
to let programmers know how to obtain copyright for their work. I'll
explain the purpose of software licenses, and discuss the effect that
the license has on copyright. For those of you who are programmers,
I'll help you decide whether you own the programs you write on the job
or your boss owns them. I will also mention trademark law and patent
law briefly, in order to clarify some confusion about which is which.
Incidentally, if you read this entire essay, you will be able to
determine whether or not the essay is copyrighted and whether or not you
can make a printout of it.
This is a long article, and you may not want to read all of it.
Here is an outline to help you decide what to read and what to ignore:
1. The Meaning of Copyright from the Viewpoint of the Software User
1.1 A bit of history
1.2 The meaning of copyright
1.3 The meaning of public domain
1.4 A hypothetical software purchase
1.5 Can you use copyrighted software?
1.6 Can you make a backup copy?
1.7 Licenses may change the rules
(C) Copyright 1986 Breslow, Redistributed by permission
2. Copyright Sounds Neat -- How Do I Get One? Or, How Do I Know
If this Program is Copyrighted?
2.1 How do you get a copyright?
2.2 How do you lose a copyright?
2.3 How do you waste a stamp?
2.4 Do you have to register?
2.5 How copyright comes into existence
2.6 The copyright notice
2.7 Advantages of registration
2.8 A test to see if you understand this article
3. Who Owns The Program You Wrote?
3.1 Introduction
3.2 Programs written as an employee
3.3 Programs written as a contractor
4. A Brief Word about Licenses
4.1 Why a license?
4.2 Is it valid?
5. Trademarks and Patents
5.1 Trademark law explained
5.2 Patent law
6. Conclusion
1. The Meaning of Copyright from the Viewpoint of the Software
User
1.1. A bit of history
If you're not interested in history, you can skip this paragraph.
Modern copyright law first came into existence in 1570, by an act of
Parliament called the Statute of Anne. Like most laws, it hasn't
changed much since. It was written with books and pictures in mind.
Parliament, lacking the foresight to predict the success of the Intel
and IBM corporations, failed to consider the issue of copyrighting
computer programs.
At first, courts questioned whether programs could be copy- righted
at all. The problem was that judges couldn't read the programs and they
figured the Copyright Law was only meant to apply to things humans
(which arguably includes judges) could read without the aid of a
machine. I saw some mythical discussion about that in some of the
net.legal drivel. Let's lay that to rest: programs are copyrightable as
long as there is even a minimal amount of creativity. The issue was
laid to rest with the Software Act of 1980. That Act modified the
Copyright Act (which is a Federal law by the way), in such a way as to
make it clear that programs are copyrightable. The few exceptions to
this rule will rarely concern anyone. The next question to arise was
whether a program was copyrightable if it was stored in ROM rather than
on paper. The decision in the Apple v. Franklin case laid that to rest:
it is.
1.2. The meaning of copyright
Now, what is copyright? As it is commonly understood, it is the
right to make copies of something -- or to put it the other way around,
it is the right to prohibit other people from making copies. This is
known as an exclusive right -- the exclusive right to reproduce, in the
biological language of the Copyright Act -- and what most people don't
know is that copyright involves not one, not two, but five exclusive
rights. These are (1) the exclusive right to make copies, (2) the
exclusive right to distribute copies to the public, (3) the exclusive
right to prepare derivative works (I'll explain, just keep reading), (4)
the exclusive right to perform the work in public (this mainly applies
to plays, dances and the like, but it could apply to software), and (5)
the exclusive right to display the work in public (such as showing a
film).
1.3. The meaning of public domain
Before we go any further, what is public domain? I saw some
discussion on the net about public domain software being copyrighted.
Nonsense. The phrase public domain, when used correctly, means the
absence of copyright protection. It means you can copy public domain
software to your heart's content. It means that the author has none of
the exclusive rights listed above. If someone uses the phrase public
domain to refer to freeware (software which is copyrighted but is
distributed without advance payment but with a request for a donation),
he or she is using the term incorrectly. Public domain means no
copyright -- no exclusive rights.
1.4. A hypothetical software purchase
Let's look at those exclusive rights from the viewpoint of someone
who has legitimately purchased a single copy of a copyrighted computer
program. For the moment, we'll have to ignore the fact that the program
is supposedly licensed, because the license changes things. I'll
explain that later. For now, assume you went to Fred's Diner and
Software Mart and bought a dozen eggs, cat food and a word processing
program. And for now, assume the program is copyrighted.
1.5. Can you use copyrighted software?
What can you do with this copyrighted software? Let's start with
the obvious: can you use it on your powerful Timex PC? Is this a joke?
No. Prior to 1980, my answer might have been No, you can't use it!
People actually pay me for advice like that! Well think: you take
the floppy disk out of the zip lock baggy, insert it in drive A and load
the program into RAM. What have you just done? You've made a copy in
RAM -- in legalese, you've reproduced the work, in violation of the
copyright owner's exclusive right to reproduce. (I better clarify
something here: the copyright owner is the person or company whose name
appears in the copyright notice on the box, or the disk or the first
screen or wherever. It may be the person who wrote the program, or it
may be his boss, or it may be a publishing company that bought the
rights to the program. But in any case, it's not you. When you buy a
copy of the program, you do not become the copyright owner. You just
own one copy.)
Anyway, loading the program into RAM means making a copy. The
Software Act of 1980 addressed this absurdity by allowing you to make a
copy if the copy "is created as an essential step in the utilization of
the computer program in conjunction with a machine and ... is used in
no other manner ...." By the way, somebody tell me what a machine means.
If you connect 5 PC's on a network is that a machine or several
machines? A related question is whether or not running software on a
network constitutes a performance. The copyright owner has the
exclusive right to do that, remember?
1.6. Can you make a backup copy?
OK, so you bought this copyrighted program and you loaded it into
RAM or onto a hard disk without the FBI knocking on your door. Now can
you make a backup copy? YES. The Software Act also provided that you
can make a backup copy, provided that it "is for archival purposes only
...." What you cannot do, however, is give the archive copy to your
friend so that you and your pal both got the program for the price of
one. That violates the copyright owner's exclusive right to distribute
copies to the public. Get it? You can, on the other hand, give both
your original and backup to your friend -- or sell it to him, or lend it
to him, as long as you don't retain a copy of the program you are
selling. Although the copyright owner has the exclusive right to
distribute (sell) copies of the program, that right only applies to the
first sale of any particular copy. By analogy, if you buy a copyrighted
book, you are free to sell your book to a friend. The copyright owner
does not have the right to control resales.
1.7. Licenses may change the rules
At this point, let me remind you that we have assumed that the
program you got at the store was sold to you, not licensed to you.
Licenses may change the rules.
1.8. Can you modify the program?
Now, you're a clever programmer, and you know the program could run
faster with some modifications. You could also add graphics and an
interactive mode and lots of other stuff. What does copyright law say
about your plans? Well ... several different things, actually. First,
recall that the copyright owner has the exclusive right to make
derivative works. A derivative work is a work based on one or more
preexisting works. It's easy to recognize derivative works when you
think about music or books. If a book is copyrighted, derivative works
could include a screenplay, an abridged edition, or a translation into
another language. Derivative works of songs might be new arrangements
(like the jazz version of Love Potion Number 9), a movie soundtrack, or
a written transcription, or a long version, (such as the fifteen minute
version of "Wipe Out" with an extended drum solo for dance parties). In
my opinion, you are making a derivative work when you take the
store-bought word processor and modify it to perform differently. The
same would be true if you translated a COBOL program into BASIC. Those
are copyright infringements -- you've horned in on the copyright owner's
exclusive right to make derivative works. There is, however, some
breathing room. The Software Act generously allows you to adapt the
code if the adaptation "is created as an essential step in the
utilization of the computer program in conjunction with a machine ...."
For example, you might have to modify the code to make it compatible
with your machine.
1.9. Can you break the copy protection scheme?
Moving right along, let's assume your store bought program is copy
protected, and you'd really like to make a backup copy. You know this
nine-year-old whiz who can crack any copy- protection scheme faster than
you can rearrange a Rubix cube. Is there a copyright violation if he
succeeds? There's room to argue here. When you try to figure out if
something is an infringement, ask yourself, what exclusive right am I
violating? In this case, not the right to make copies, and not the right
to distribute copies. Public performance and display have no relevance.
So the key question is whether you are making a derivative work. My
answer to that question is, "I doubt it." On the other hand, I also
doubt that breaking the protection scheme was "an essential step" in
using the program in conjunction with a machine. It might be a "fair
use," but that will have to wait for another article. Anyone interested
in stretching the limits of the "fair use" defense should read the Sony
Betamax case.
1.10. Summary
Let me summarize. Copyright means the copyright owner has the
exclusive right to do certain things. Copyright infringement means you
did one of those exclusive things (unless you did it within the limits
of the Software Act, i.e., as an essential step ....).
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PC-MENU MASTER: Hard Drive Menu System
by Radio Active
Found on local systems under the name: PCMENU11.ZIP ...71,002
System requirements:
None mentioned
Features:
Execute 80 DOS commands, (any DOS command!)
and/or .EXE, .COM, .BAT programs from one menu window
Easy to set up and use
Power and convenience of a large program without large memory
requirements