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Date: Thursday, 3 December 1987 07:16-MST
From: august at VLSI.JPL.NASA.GOV (Richard August)
To: info-modems
Re: Copyright: The Gospel according to CompuServe! (Their position)
--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 Incorporated has committed substantial
financial resources to collecting more than 400 databases 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
subscribers or information providers.
--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
supercede individual ownership rights or copyrights to any of the
material furnished to the Service by subscribers or information
providers.
For example, a subscriber 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.
--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 subscriber may download copyrighted material for their own
use. Any subscriber 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 subscriber may upload public domain programs to the Service.
Any subscriber 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 subscriber may download shareware programs for their own use,
subject to the terms provided by the owner. Any subscriber 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.
--AS A COMPUSERVE SUBSCRIBER, CAN I DOWNLOAD PUBLIC DOMAIN INFORMATION
AND SHAREWARE PROGRAMS FOR MY OWN USE FROM COMPUSERVE FORUM DATA
LIBRARIES?
Yes, you can. Public domain information and shareware programs
are uploaded to CompuServe data libraries by their authors for use by
other CompuServe subscribers.
--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 customer may
download a file and share it with others for no commercial gain --
either via a bulletin board service, diskette, or other means.
A subscriber may not, however, download a large number of files
for redistribution via any means, nor is it acceptable for a
subscriber 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 permssion must be
obtained directly from the author of the program.
--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 subscriber agrees before being
permitted to access the Service. Therefore, subscribers 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.
--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 terms of the Service Agreement. 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 subscribers, and to
discourage unauthorized redistribution of that material.
1. The CompuServe Information Service (the "Service") consists of the
use of the computing services, software and databases so designated by
CompuServe. These Terms and any Operating Rules published over the
Service constitute the entire Agreement for the Service and supersede
all prior and contemporaneous statements, communications and
documents.
2. Upon notice published over the Service, CompuServe may modify
these Terms, the Operating Rules, or the Service. Such modifications
may include, without limitation, price changes, implementation of user
priorities and discontinuance of parts of the Service. Upon at least
six months' prior notice published over the Service, CompuServe may
terminate the Service.
3. Customer's use of the Service is not transferable and is subject
to any limits established for Customer's credit card or any limits
established by CompuServe.
4. Customer is responsible for and must provide all telephone and
other equipment necessary to access the Service.
5. The Service is provided on an "as-is, as-available" basis.
NEITHER COMPUSERVE, ITS DISTRIBUTORS, NOR ITS SUPPLIERS MAKE ANY
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THE SERVICE. Customer is responsible for implementing sufficient
procedures and chec kpoints to satisfy his/her requirements for
accuracy of data input and output and for maintaining a means external
to the Service for reconstruction of any lost data.
6. Customer will not reproduce, sell, publish, or in any manner
commercially exploit any information obtained through the Service or
participate in or allow such reproduction, sale, publications or
exploitation by any person.
7. The provisions of paragraphs 5 and 6 are for the benefit of
CompuServe and its data suppliers; any such data supplier shall have
the right to assert and/or to enforce such provisions directly on its
own behalf.
8. In addition to connect time charges, monthly minimums, and
purchases made through the Service, Customer will be responsible for
payment of all premium program charges, transaction charges, and/or
add-on connect time charges when the Customer utilizes such services
that generate these charges, and for any surcharges incurred while
using any supplemental networks other than CompuServe.
9. This Agreement will be performed in and governed by the laws of
the State of Ohio. Any claims or causes of action related to the
Service must be instituted within one year after the claim or cause of
action has arisen or be barred. Service Agreement I agree to pay the
CompuServe Information Service rates in effect for the billing period
in which the services are purchased and billed. I agree to pay the
validation charge in effect at the time this Agreement is accepted by
CompuServe. I agree to the terms and conditions of the Billin g
Option which I have selected and as published over the Service. I
shall maintain confidentiality of my password at all times and take
responsiblity for its security. I have read and fully understand the
Terms of this Agreement and agree to be bound by them.