919 lines
40 KiB
Plaintext
919 lines
40 KiB
Plaintext
![]() |
Volume 4, Number 1 5 January 1987
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| _ |
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| / \ |
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| /|oo \ |
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| - FidoNews - (_| /_) |
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| _`@/_ \ _ |
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| International | | \ \\ |
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| FidoNet Association | (*) | \ )) |
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| Newsletter ______ |__U__| / \// |
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| / FIDO \ _//|| _\ / |
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| (________) (_/(_|(____/ |
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| (jm) |
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+---------------------------------------------------------------+
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Editor in Chief: Thom Henderson
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Chief Procrastinator Emeritus: Tom Jennings
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FidoNews is the official newsletter of the International FidoNet
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Association, and is published weekly by SEAdog Leader, node 1/1.
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You are encouraged to submit articles for publication in
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FidoNews. Article submission standards are contained in the file
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ARTSPEC.DOC, available from node 1/1.
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Copyright (C) 1986, by the International FidoNet Association.
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All rights reserved. Duplication and/or distribution permitted
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for noncommercial purposes only. For use in other circumstances,
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please contact IFNA.
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HAPPY NEW YEAR
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Table of Contents
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1. EDITORIAL
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Shareware is Nowhere
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2. ARTICLES
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Curbing Copyright Abuses by Vendors and On-Line Services
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3. NOTICES
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The Interrupt Stack
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Fidonews Page 2 5 Jan 1987
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=================================================================
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EDITORIAL
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=================================================================
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Shareware is Nowhere
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I'm sure many of you have read at least a few of my diatribes
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about shareware. How many of you listened? Quite a number, I'm
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sure, but apparently not enough.
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Quite simply put, shareware is dying out. The signs are all
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around us.
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o PC Outline was originally released as shareware, and was even
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reviewed by PC Week as being better than its non-shareware
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competition. But the last I heard was that it's now being
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marketed by Brown Bag Software.
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o Chris Dunford wrote an elegant command editor for DOS called
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CED (and no, Chris's middle initial is not "E"). Almost anyone
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"in the know" about PC's uses CED. It was originally released
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as shareware. The latest version is called PCED, and is not
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shareware.
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o One of the more popular data base programs for the PC is
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PC-File, a shareware product of Buttonware, Inc. Buttonware
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has now released a new version of PC-File that is, among other
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things, relational. It is also not shareware any more.
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o Bob Hartman has written all sorts of little goodies for FidoNet
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sysops, including Rovermsg and Renum. These were released as
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shareware. Bob reports that the total contributions received
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so far wouldn't buy him and his wife dinner out. Bob is now
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writing a faster and more powerful alternative to EchoMail.
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And guess what? It ain't gonna be shareware.
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o The Headlands Press started the whole shareware phenomenon with
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its famous PC Talk communications program. They've announced
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that they're coming out with a new version, and even THAT won't
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be shareware any longer!
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I could go on and on. The examples abound. But your own boards
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provide the best proof of all. When was the last time you saw a
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really good shareware product come out that wasn't crippled in
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some way?
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Sometimes the crippling isn't that bad. For example, the Instant
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Recall database manager in its shareware version will handle an
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80k database, but if you pay the fee you get a NON-shareware
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version that'll handle a 2 meg database. Other examples include
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FansiConsole, which comes in a fully functional form, but you
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have to pay to get the manual before you can figure out how to
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use it. Then there are Ron Bemis's multitudinous FidoNet
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utilities that send home notes to papa until you pay for a
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Fidonews Page 3 5 Jan 1987
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registered version.
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But still, a cripple is a cripple. One way or another, almost
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all shareware these days is either crippled so you can't use it
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all, or does something you don't like, or isn't all that good to
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begin with. (Note that I said ALMOST all! There are always
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exceptions.)
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And who's fault is it? Is it the authors' fault? Not at all.
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Your average software author quite rightly feels that he deserves
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to be compensated for his work. After a few all nighters chasing
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one more bug or nailing down one more feature, almost anyone will
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start to wonder why they're doing all this for nothing in return.
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No, it's YOUR fault, unless you happen to be one of the
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statistical few who actually pays for all the shareware you use.
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Shareware was a noble experiment in trusting the users, and now
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it's almost over. For a couple of years now shareware authors
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have been telling you that if you didn't shell out for what you
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use, then pretty soon you'd stop seeing a cheap bounty of good
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software. By all appearances, nobody really believed that
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prediction, so now it's coming to pass.
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Enjoy shareware while it lasts. It won't last long.
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-----------------------------------------------------------------
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Fidonews Page 4 5 Jan 1987
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=================================================================
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ARTICLES
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=================================================================
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Curbing Copyright Abuses by Vendors and On-Line Services
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Date: October 18, 1986
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From: Mark J. Welch, Shareware author
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(The Generic Adventure Game System)
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P.O. Box 2409, San Francisco, CA 94126
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Voice (415) 845-2430 [Berkeley]
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Fido 161/459 [private, Seadog]
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BIX 'mwelch'
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Outline: I. CompuServe
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II. PC-SIG
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III. Pink Panther Data Systems
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IV. Where To Go (for more discussion of the issues)
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Recently, several unrelated disputes have raised the issue of
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Shareware authors' rights. I'd like to summarize some of the
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issues, and point people to where other discussions are also
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going on. Please note that all text not in quotes is written by
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me. -mjw
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I. CompuServe
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CompuServe Information Services (an H&R Block Company)
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P.O. Box 20212
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5000 Arlington Centre Blvd.
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Columbus, OH 43220
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(800) 848-8199
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(614) 457-0802
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For a long time, CompuServe (CIS) has claimed copyright to
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certain portions of its download libraries. Recently, a dispute
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between CompuServe and a BBS operator resulted in an article
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inInfoWorld that has sparked a debate over the legitimacy of
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CompuServe's claims.
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Apparently, the dispute arose because the BBS operator was
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downloading programs from CIS and posting them on his bulletin-
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board system, which either required or requested a fee for
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subscribers. The following seven paragraphs of text are from a
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now-widely-distributed message from Neil Shapiro, Sysop of
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MAUG(tm) on CompuServe:
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"1) CompuServe received a complaint from the author of a
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Fidonews Page 5 5 Jan 1987
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copyrighted program that his program was being published by
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Sande's Mousetrap BBS without the author's permission. The
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author also indicated that Sande had many other non-Public
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Domain programs on his BBS."
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"2) CIS asked me to call the BBS and verify the author's
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complaint. Sande's short bulletin (signed with his nom de
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plume of "Captain Mac") specifically stated that Sande was
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going onto GEnie, CompuServe and Delphi every week to
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download all of their files and that if you sent him $25 to
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join his service there was no longer any need to join any of
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the networks. His short bulletin did not state he was
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downloading public-domain files but said all files and
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specifically stated commercial redistribution.
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"3) At the same point in time Sande left a message on MAUG(tm)
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also stating that all files (not just public-domain) were
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being offered on his BBS. I deleted that message and sent
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him an EMAIL reply explaining that many of our files were
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copyrighted by authors and that it was unethical to take
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such files without the authors' permission.
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"4) CIS' lawyers sent Sande a note which did NOT ask him to
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close his BBS but simply asked that he cease the illegal
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acts above.
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"5) Sande left many messages on such networks as FidoNET
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claiming that CIS had told him to close his BBS and that it
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was public-domain files that were at issue. This is simply a
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misleading statement. CIS did not ask him to close his
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board. The files at issue were copyrighted files which CIS
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had received author complaints over.
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"6) It is important to keep in mind that Sande's BBS was a
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commercial venture. it is also important to keep in mind
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that Sande specifically stated in his short bulletin that he
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was making network compilations of data available
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commercially.
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"7) CompuServe and MAUG are not attempting to "threaten" any BBS
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system. BBS systems are the heart and soul of
|
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telecommunications. But the sysop of a BBS must operate
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within certain ethical and legal guidelines. One of these,
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as should be obvious, is that you do not use a copyrighted
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file without the permission of the author."
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A public message (on FidoNet's IFNA echomail conference) about
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the controversy, from someone who spoke to Shapiro by phone
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included this summary:
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"A 'shoot from the hip' analysis of our conversation yields
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the observation that CIS is not trying to copyright all the
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stuff on their system, just trying to protect software that
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does not give permission for public distribution. Another
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educational insight to this thing is to realize how easy it
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Fidonews Page 6 5 Jan 1987
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is to get things bent out of shape on a telecom
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network....Also, the sysop who was the object of the CIS
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threat was way out of line in his behaviour and probably
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deserved what he got. It was a definite case of violation of
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copyright laws (remember the phone book analogy...)."
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At least one FidoNet message suggested that users boycott
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CompuServe for some amount of time; other suggested that the
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Fido BBS software not be allowed on-line on CompuServe if the
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service would claim any copyright ownership to it as a result.
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The controversy did have one effect: several Shareware software
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authors began doing their homework on protecting their legal
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rights (see section IV, below). Rather agressive discussions
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also started about the topic on virtually every electronic
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service and many BBSs.
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I had my own minor dispute with CompuServe a while back: I spent
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45 minutes uploading GAGS to the service, and the file was lost.
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I was charged for the connect time, and decided not to try
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again. Later, I decided to allow CompuServe to post it, and gave
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them permission to do so. I don't know if it's still on-line; if
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it is, it's most likely a very, very old version.
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Needless to say, CompuServe does not own copyright to GAGS,
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either. Its responses to the recent dispute make it clear that
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people can download a few programs from CIS and upload them to
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other BBSs without any legal problems, provided that the
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programs' authors allow such redistribution. If anyone hears
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differently, please let me know.
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=========================
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II. PC-SIG
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Personal Computer Software Interest Group
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1030-D East Duane Ave., Sunnyvale, CA 94086
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(408) 730-9291; orders (800) 245-6717, (800) 222-2996 CA
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[earlier articles on this PC-SIG issue appeared in FidoNews #336
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and #338.]
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PC-SIG may sound like the name of a computer users group,
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but it's not. PC-SIG is a privately-held, for-profit
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corporation engaged in the business of selling public-
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domain and Shareware programs on disks. They charge a fixed
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fee of $6 each for each disk, plus $4 shipping per order. There
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are over 500 disks in the PC-SIG library. PC-SIG advertises in
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many national and regional computer publications (including
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BYTE, PC, and InfoWorld). Another recent discovery for me is
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that PC-SIG is in the complete distribution business now. Not
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Fidonews Page 7 5 Jan 1987
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only do they sell disks by mail order and at trade shows, but
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they have "authorized dealers" in the US and even overseas.
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My understanding is that the company is owned by Richard
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Peterson, who is also president. I have also spoken with Hazel
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Peterson, general manager, and Tom Yarr, vice-president of
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marketing. PC-SIG's lawyer is Thomas Caudill, 1025 North Fourth
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St., San Jose, 95112-4942, (408) 298-4844.
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Shareware authors may recall that in its early days, PC-SIG
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didn't take much care in compiling its library of public-
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domain and Shareware titles. Author's titles would be added
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to the library without permission, and in some cases
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despite clear requirements that permission had to be
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requested.
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For a while, it seemed as if they'd cleaned up their act, by
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getting permissions and paying at least lip service to the idea
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that Shareware authors should get contributions. But I believe
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that several recent actions by PC-SIG are having very serious
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adverse effects on Shareware authors.
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The first action brought to my attention was the letter sent out
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by PC-SIG to vendors whom it believed were improperly using its
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name and disk numbering scheme. After selling its printed
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directory through bookstores and allowing other vendors and user
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groups to use its numbering scheme for several years, PC-SIG now
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says it will sue anyone who uses the same numbering scheme or,
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apparently, mentions their name in any way (other than in a
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disclaimer).
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PC-SIG has filed one legal action so far, according to its
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attorney: a million-dollar lawsuit against now-defunct National
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Public Domain Software (Santa Clara Superior Court, Case no.
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605640). A letter from NPDS's proprietor, Paul Jones, says that
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the suit drove them out of business.
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I have no problem with PC-SIG's interest in protecting its name.
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However, their method of doing so is at best misleading, and at
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worst deliberately calculated to damage the rights of shareware
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authors. [If anyone would like a copy of any of these letters,
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please contact me.]
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In a nine-page threatening letter sent by PC-SIG to several
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vendors, PC-SIG's attorney makes a number of statements that by
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themselves threaten shareware authors' copyright and trademark
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rights:
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1. Three times in the letter, Caudill claims that all of
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the programs in the PC-SIG library are in the public
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domain. Nowhere in the letter is there any
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acknowledgement that most of the programs' authors
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retain copyright ownership. This sort of claim, if
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repeated, has the effect of diluting Shareware authors'
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rights. [In an Oct. 13 letter to this author, Caudill said
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Fidonews Page 8 5 Jan 1987
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this claim "was made in error" and that future letters
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would correct the wording, but did not address my request
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that he send a correction letter to earlier recipients.]
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2. Three times in the letter, PC-SIG claims copyright
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ownership of all the disks in the library. The overbroad
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claim in the letter, however, seems to order the recipient
|
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to stop distributing the programs, not just the programs in
|
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the same order PC-SIG puts them. [Caudill's Oct. 13 letter
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to this author says that the intent is only to claim
|
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copyright on PC-SIG's directory disks, and that vendors
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receiving the letter would not be confused. I disagree.]
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3. PC-SIG also claims, in the letter, that the recipient
|
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cannot use the same disk names and titles as PC-SIG, as the
|
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disk names are copyrights (trademarks?) of PC-SIG. [In the
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Oct. 13 letter, Caudill concedes that PC-SIG does not claim
|
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ownership rights to the titles, except when used in
|
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conjunction with PC-SIG's copyrighted numbering system.]
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4. The letter also implies that the program authors somehow
|
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work for or with PC-SIG; this is unnerving not just
|
|||
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because I allow many vendors, user groups and BBSs to
|
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distribute GAGS, but because it implies an affiliation
|
|||
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that may lead buyers to assume that PC-SIG has paid the
|
|||
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authors for the programs somehow, thus reducing the
|
|||
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likelihood of anyone ever sending me money. (I've
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received many registrations, including some from people
|
|||
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who bought GAGS from other vendors: no one has ever
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|||
|
registered after buying GAGS from PC-SIG.) [Caudill's Oct.
|
|||
|
13 letter says that the general tone of the vendor letters
|
|||
|
negate this effect, but he agreed to put a note in future
|
|||
|
letters saying that PC-SIG has no proprietary rights in the
|
|||
|
disks it sells.]
|
|||
|
|
|||
|
5. In the letter, PC-SIG also claims that it can collect
|
|||
|
the damages provided in the US Copyright Act, which implies
|
|||
|
that they have registered the disks. I was assured by PC-
|
|||
|
SIG owner Richard Peterson that the firm has not, in fact,
|
|||
|
registered the disks. (Of course, that means that the list
|
|||
|
of damages is simply a bluff that cannot be asked for.)
|
|||
|
[Mr. Caudill's Oct. 13 letter rebuts this, claiming that
|
|||
|
PC-SIG has, in fact, registered the disks.]
|
|||
|
|
|||
|
|
|||
|
|
|||
|
Why is PC-SIG Doing This?
|
|||
|
-------------------------
|
|||
|
|
|||
|
Now, as I noted above, I can't object to PC-SIG's legitimate
|
|||
|
interest in protecting its name and its directory. However,
|
|||
|
when I read the letter and talked to other Shareware disk
|
|||
|
vendors, it wasn't clear whether PC-SIG's goal was to protect
|
|||
|
its rights or to drive its competitors out of business.
|
|||
|
|
|||
|
PC-SIG is using the money it has made selling MY SOFTWARE to
|
|||
|
Fidonews Page 9 5 Jan 1987
|
|||
|
|
|||
|
|
|||
|
drive other vendors out of business, thus limiting the overall
|
|||
|
potential of this distribution channel. These other vendors, in
|
|||
|
many cases, are individuals who can't afford to hire a lawyer.
|
|||
|
|
|||
|
The most offensive fact is that PC-SIG's letter simply tramples
|
|||
|
on my legal rights. One vendor, who had obtained my permission
|
|||
|
to distribute GAGS, pulled it (and other programs) from his
|
|||
|
library after receiving PC-SIG's overbroad letter. It's back in
|
|||
|
the library, but both that vendor and I lost sales as a result
|
|||
|
of PC-SIG's excessive aggression. If other vendors pull my disk
|
|||
|
or go out of business because of PC-SIG's letter, I lose money
|
|||
|
so that PC-SIG can have a bigger share of a smaller
|
|||
|
marketplace.
|
|||
|
|
|||
|
Of course, if this one letter were the only problem with PC-
|
|||
|
SIG, I'd not be so worked up.
|
|||
|
|
|||
|
But GAGS originally made its way into the PC-SIG library before
|
|||
|
I gave permission. Luckily for them, I had decided to let them
|
|||
|
distribute it before I found out that it was in the library. I
|
|||
|
gave them permission, and notified them of each update. They
|
|||
|
never sent me anything. PC-SIG completely ignored my update
|
|||
|
notices, instead insisting four months later, when I called
|
|||
|
them, that I had to mail them the update free in order to get
|
|||
|
the new versions into the library. (What a great idea: their
|
|||
|
cost of goods is ZERO. They buy disks for 39 cents and sell
|
|||
|
them for $6 each, with no costs in between.)
|
|||
|
|
|||
|
Other authors' programs have found their way into the PC-SIG
|
|||
|
library without permission, and in at least one case was sold
|
|||
|
despite a clear disclaimer in the program stating that for-
|
|||
|
profit vendors like PC-SIG could not distribute it. (This
|
|||
|
latter incident speaks well for PC-SIG's claim that it screens
|
|||
|
every program carefully.)
|
|||
|
|
|||
|
|
|||
|
PC-SIG's CD-ROM Disk:
|
|||
|
---------------------
|
|||
|
|
|||
|
A few weeks ago, I discovered that PC-SIG had included GAGS on
|
|||
|
its new CD-ROM disk it is selling, in direct violation of the
|
|||
|
permission letter I gave them. Again, it never occurred to them
|
|||
|
to even write me a letter asking for a change to my permission
|
|||
|
letter. [Caudill's Oct. 13 letter claims that PC-SIG's sale of
|
|||
|
the CD-ROM disk does not violate my license, which permits
|
|||
|
sales of any disk for which they charge $8 or less. His letter
|
|||
|
does not mention that the CD-ROM disk sells for $195, which my
|
|||
|
calculator program emphatically says is much more than $8.]
|
|||
|
|
|||
|
|
|||
|
|
|||
|
Lip Service to Shareware authors:
|
|||
|
---------------------------------
|
|||
|
|
|||
|
Last month, at the PC-Faire in San Francisco, I picked up PC-
|
|||
|
SIG's catalog update/newsletter at their huge booth. In the
|
|||
|
Fidonews Page 10 5 Jan 1987
|
|||
|
|
|||
|
|
|||
|
catalog comes yet another slap in the face. I expect companies
|
|||
|
like PC-SIG to make a good-faith effort to encourage buyers to
|
|||
|
pay for their disks. Instead, the firm's newsletter seems to
|
|||
|
suggest that Shareware authors make megabucks, and don't need
|
|||
|
Shareware contributions. A direct quote:
|
|||
|
|
|||
|
"Q: Do the authors who ask for a donation or contribution
|
|||
|
really make money?
|
|||
|
A: The high end of scale for people using the Open Software
|
|||
|
concept to distribute their software is $1.5 million to
|
|||
|
$2.5 million a year. My estimate is that the average
|
|||
|
developer earns about $40,000 to $50,000 a year per
|
|||
|
program. Others make less than $500 a year."
|
|||
|
|
|||
|
I must disagree, Mr. Peterson: the average Shareware author
|
|||
|
probably sits a lot closer to your $500 figure. The only folks
|
|||
|
I know who have such large grosses are folks like Bob Wallace
|
|||
|
and Jim Button, who also run expensive marketing campaigns. If
|
|||
|
the average author makes $40,000 per program, I'll eat a floppy
|
|||
|
disk. The effect of such a quote is to make buyers think
|
|||
|
there's no need to pay Shareware authors, since they already do
|
|||
|
so well.
|
|||
|
|
|||
|
It looks to me as if most of the money being made in Shareware
|
|||
|
is going into PC-SIG's bank account. By itself, that's not too
|
|||
|
upsetting: I decided to distribute GAGS as Shareware, knowing
|
|||
|
that vendors like PC-SIG may make more money than I.
|
|||
|
|
|||
|
But I never expected any company to start firing a gun at the
|
|||
|
authors who are necessary to its very existence.
|
|||
|
|
|||
|
|
|||
|
PC-SIG Conclusion:
|
|||
|
------------------
|
|||
|
|
|||
|
In my first (September 19) letter to PC-SIG regarding these
|
|||
|
matters, I asked PC-SIG to send a retraction of its vendor to
|
|||
|
everyone who received it, and demanded that GAGS (my shareware
|
|||
|
program, the Generic Adventure Game System) be removed from the
|
|||
|
illegal CD-ROM version of the PC-SIG library. I also demanded
|
|||
|
payment for the copies illegally distributed.
|
|||
|
|
|||
|
Mr. Caudill's October 13 reply conceded some points, and agreed
|
|||
|
to change future letters, but did not address my request for a
|
|||
|
correction letter. He also said that their CD-ROM distribution
|
|||
|
of GAGS is legal, but agreed to "pull" it from the next version
|
|||
|
of the disk.
|
|||
|
|
|||
|
My October 15 reply to Mr. Caudill and Mr. Peterson did several
|
|||
|
things: it revokes PC-SIG's license to distribute GAGS,
|
|||
|
effective November 1, 1986; it requests again that a correction
|
|||
|
letter be sent; it demands that PC-SIG pay for illegally
|
|||
|
distributed copies of GAGS; and requests a written apology for
|
|||
|
the firm's improper conduct.
|
|||
|
|
|||
|
|
|||
|
Fidonews Page 11 5 Jan 1987
|
|||
|
|
|||
|
|
|||
|
=============================
|
|||
|
|
|||
|
|
|||
|
|
|||
|
III. Pink Panther Data Systems
|
|||
|
|
|||
|
Pink Panther Data Systems
|
|||
|
Richard E. Andrew
|
|||
|
P.O. Box 271098
|
|||
|
Escondido, CA 92027-0732
|
|||
|
|
|||
|
|
|||
|
Pink Panther is a tiny, nearly insignificant vendor, compared
|
|||
|
to PC-SIG. However, I recently discovered that they are even
|
|||
|
more discourteous.
|
|||
|
|
|||
|
About two months ago, I noticed their booth at a computer swap
|
|||
|
meet here in Northern California. I looked in the catalog and
|
|||
|
noticed that GAGS was in their library; I knew they had not
|
|||
|
asked for permission, so I asked to speak to the person in
|
|||
|
charge.
|
|||
|
|
|||
|
I informed Mr. Andrews that GAGS cannot be distributed by any
|
|||
|
for-profit vendor unless the vendor writes and requests my
|
|||
|
written permission. He agreed to pull the disk from the
|
|||
|
library, and to write and ask for my permission.
|
|||
|
|
|||
|
Two weeks later, I again saw the company exhibiting at a show,
|
|||
|
and again discovered that they were selling GAGS. Mr. Andrews
|
|||
|
said that he'd been busy and thus unable to write a letter
|
|||
|
asking for permission, and that he'd put the disk back in the
|
|||
|
library by accident.
|
|||
|
|
|||
|
I told him that I was quite displeased with his actions, and
|
|||
|
would send him a letter to that effect, but pointed out that if
|
|||
|
he wished to distribute GAGS, I would grant permission on
|
|||
|
receipt of a written request. I sent him my usual firm-but-
|
|||
|
polite letter asking that he either stop distributing my
|
|||
|
program or remove it from his library, and demanding a written
|
|||
|
reply within 20 days.
|
|||
|
|
|||
|
He wrote back, saying that he had not actually sold any copies
|
|||
|
of GAGS, that he has removed it from the library, and that he
|
|||
|
thought I was being too protective of my program. He didn't ask
|
|||
|
for permission to distribute it.
|
|||
|
|
|||
|
|
|||
|
Why am I upset?
|
|||
|
---------------
|
|||
|
|
|||
|
Mr. Andrews' reply letter suggested that my actions in
|
|||
|
"fervently defending" my rights will reduce overall
|
|||
|
distribution of GAGS and hence my own income. I agree with the
|
|||
|
former but not the latter. By requiring that for-profit
|
|||
|
enterprises obtain my written permission before distributing
|
|||
|
GAGS, I can provide updates and information more efficiently,
|
|||
|
Fidonews Page 12 5 Jan 1987
|
|||
|
|
|||
|
|
|||
|
rather than trusting to "word of mouth." I am also better able
|
|||
|
to check that such vendors are complying with the rules.
|
|||
|
|
|||
|
Mr. Andrews' letter also suggested that I was "totally barring"
|
|||
|
distribution of GAGS by commercial libraries. He's wrong: any
|
|||
|
such enterprises that obtain written permission and agree to
|
|||
|
the terms in Appendix C of the GAGS manual may distribute GAGS.
|
|||
|
Many firms have done so, and I have never yet refused
|
|||
|
permission, though I might in some cases.
|
|||
|
|
|||
|
The following is taken directly from my reply to Mr. Andrews:
|
|||
|
|
|||
|
"One main point seems to have escaped many commercial vendors
|
|||
|
of 'user-supported' software. Such vendors are responsible, as
|
|||
|
is any publisher, for obtaining legal rights to distribute
|
|||
|
these programs. Getting such permission is a cost of doing
|
|||
|
business, and in fact is one of relatively few costs that exist
|
|||
|
in [that] particular business.
|
|||
|
|
|||
|
"A few years ago, I worked for an academic book publisher. For
|
|||
|
each quote or excerpt by an author, we obtained written
|
|||
|
permission from the copyright owner. It took us hundreds of
|
|||
|
hours to do this for a typical book. Such permission was almost
|
|||
|
always free and gladly given. Had we not obtained permission,
|
|||
|
there would be no great financial loss to the original
|
|||
|
publisher or author. Indeed, the quote increases sales of the
|
|||
|
original work. But refusal to seek permission would be a breach
|
|||
|
of common courtesy. It is also illegal.
|
|||
|
|
|||
|
"Refusal to seek the permission of shareware authors also shows
|
|||
|
a lack of common courtesy, and a lack of respect for the law."
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
=================================
|
|||
|
|
|||
|
|
|||
|
|
|||
|
IV. Where To Go (for more discussion of shareware rights)
|
|||
|
|
|||
|
The discussion of these issues has sparked several developments.
|
|||
|
|
|||
|
|
|||
|
RIGHTS Echomail
|
|||
|
---------------
|
|||
|
First, a new FidoNet "Echomail" conference has been started to
|
|||
|
discuss the issues. The EchoMail area is called "RIGHTS" and is
|
|||
|
being coordinated by Steve Butler (138/3), Rob Barker (138/34
|
|||
|
aka 17/0) and Tracy Graves (138/39), all of Tacoma, WA. It has
|
|||
|
already been picked up in the Austin, Texas area, and will
|
|||
|
probably be available soon on many more Fido BBSs around the
|
|||
|
country. (Echomail conferences periodically "echo" messages to
|
|||
|
each other, so each discussion has many more participants than
|
|||
|
a single BBS could support.)
|
|||
|
Fidonews Page 13 5 Jan 1987
|
|||
|
|
|||
|
|
|||
|
The CompuServe issue was also widely discussed in the IFNA, and
|
|||
|
apparently the SYSOPS, Echomail conferences.
|
|||
|
|
|||
|
According to a widely-distributed message, the RIGHTS echomail
|
|||
|
conference will discuss: "Who has what programs on the $ervices
|
|||
|
for which they were the authors? What steps WILL we take to
|
|||
|
protect our ability to distribute PD programs, Shareware, etc?
|
|||
|
What contacts do we have (collectively) in the Publishing
|
|||
|
Industry? What contacts do we have on state and federal
|
|||
|
legislatures? Who is willing to do some legwork to define
|
|||
|
exactly what our exposure is (legally) along the lines of
|
|||
|
routines from: CompuServe, PC Magazine, CL Publications, etc.
|
|||
|
|
|||
|
"We don't want a bitch session. We want those who are willing
|
|||
|
to act based on a collective, well thought out plan of action.
|
|||
|
Plan the action for step #6. Freedom of authors to distribute
|
|||
|
their handiwork as they desire. Freedom of BBS systems to have
|
|||
|
available PD, Shareware, User supported, etc. programs for
|
|||
|
download in accordance with the authors wishes -- not somebody
|
|||
|
elses money scheme what protection do sysops need from users
|
|||
|
uploading known copyrighted (ie, not for distribution by BBS)
|
|||
|
software...."
|
|||
|
|
|||
|
Probus International, Puyallup, WA (206) 848-9232 (138/3)
|
|||
|
Arctic Net, Steilacoom, WA (206) 581-7003 (138/34)
|
|||
|
Computer Coach, Tacoma, WA (206) 565-1476 (138/39)
|
|||
|
|
|||
|
|
|||
|
|
|||
|
Other On-Line Discussions
|
|||
|
-------------------------
|
|||
|
In addition to FidoNet, there have been some discussions on BIX
|
|||
|
(the Byte [magazine] Information Exchange), and of course on
|
|||
|
CompuServe. Both are fee-based information services, charging
|
|||
|
for connect time. For informaton on CompuServe, call the toll-
|
|||
|
free number mentioned in (I) above. To get onto BIX, see any
|
|||
|
recent issue of BYTE magazine or call (800) 277-BYTE or (603)
|
|||
|
924-7681.
|
|||
|
|
|||
|
|
|||
|
FidoNews
|
|||
|
--------
|
|||
|
I doubt I'll be only one to discuss this issue in FidoNews,
|
|||
|
which is the electronically-distributed newsletter for Fido BBS
|
|||
|
sysops. It's available from many Fido BBSs, and is edited by
|
|||
|
Thom Henderson (yes, the co-author of ARC and Seadog), who can
|
|||
|
be reached at Fido node 1/1 (somewhere in New Jersey). Another
|
|||
|
Fido newsletter is the Net 161 Nooseletter, coordinated by
|
|||
|
Butch Walker at Fido nodes 161/1 through 161/4. I'm sure there
|
|||
|
are other newsletters as well; if any contain discussions of
|
|||
|
these issues, I'd like to hear about them.
|
|||
|
|
|||
|
|
|||
|
IFNA
|
|||
|
----
|
|||
|
The International Fido New Association is a non-profit
|
|||
|
Fidonews Page 14 5 Jan 1987
|
|||
|
|
|||
|
|
|||
|
organization of Fido Sysops. It will apparently soon become the
|
|||
|
distribution arm through which commercial copies of Fido can be
|
|||
|
purchased, and will also be doing work on behalf of Fido
|
|||
|
sysops, possibly including legal help. Ken Kaplan, Ben Baker,
|
|||
|
Thom Henderson, and Tom Jennings are probably the best people
|
|||
|
to get information from on IFNA. Of course, there's also an
|
|||
|
IFNA echomail conference on many Fido BBSs nationwide.
|
|||
|
|
|||
|
|
|||
|
Legal Help
|
|||
|
----------
|
|||
|
Shareware authors are well advised to investigate their legal
|
|||
|
rights before they begin distributing their programs, if they
|
|||
|
wish to retain copyright ownership.
|
|||
|
|
|||
|
I've not read it, but several people have suggested the book
|
|||
|
"Legal Care for Your Software," which "goes into all sorts of
|
|||
|
detail for copyrights, selling of marketing rights, royalties,
|
|||
|
etc.," according to a public Fido message. I believe it's
|
|||
|
published by Nolo Press, 950 Parker St., Berkeley, CA 94710,
|
|||
|
(415) 549-1976.
|
|||
|
|
|||
|
There are other books on that and related subjects from many
|
|||
|
publishers. Check any bookstore with a large computer book or
|
|||
|
legal book section.
|
|||
|
|
|||
|
At one time, there was a "model" Shareware license agreement
|
|||
|
posted on CompuServe. I used it as a starting point for the
|
|||
|
license agreement used in GAGS (appendix C in the GAGS manual),
|
|||
|
but it was much different from what I ended up with.
|
|||
|
|
|||
|
It may or may not help to talk to a lawyer, since the whole
|
|||
|
issue of legal protection for Shareware is still so uncertain.
|
|||
|
If you're writing a program that you think is worth a lot, you
|
|||
|
should probably talk to a lawyer. Keep in mind that lawyers are
|
|||
|
expensive.
|
|||
|
|
|||
|
|
|||
|
Publications
|
|||
|
------------
|
|||
|
Unfortunately, now that InfoWorld has completed the transition
|
|||
|
from general-interest computer newspaper to a newsweekly for
|
|||
|
"volume buyers of PCs," there aren't really any regular news
|
|||
|
sources for these types of issues. Of course, InfoWorld and
|
|||
|
many other magazines will continue to publish occasional
|
|||
|
articles on these issues.
|
|||
|
|
|||
|
Another good source for this type of information are local user
|
|||
|
group newsletters. Groups like the Boston Computer Society, and
|
|||
|
the San Francisco PC Users Group provide excellent newsletters.
|
|||
|
|
|||
|
If anyone knows of other publications that cover these issues
|
|||
|
regularly, please let me know.
|
|||
|
|
|||
|
|
|||
|
Me
|
|||
|
Fidonews Page 15 5 Jan 1987
|
|||
|
|
|||
|
|
|||
|
--
|
|||
|
I'll continue writing occasional articles about the progress of
|
|||
|
some of these issues, and will drop them into FidoNews and
|
|||
|
anywhere else I'm welcome. I'm always glad to talk about the
|
|||
|
issue, too.
|
|||
|
|
|||
|
Mark J. Welch, Shareware author
|
|||
|
(The Generic Adventure Game System)
|
|||
|
P.O. Box 2409, San Francisco, CA 94126
|
|||
|
Voice (415) 845-2430 [Berkeley]
|
|||
|
Fido 161/459 [private, Seadog]
|
|||
|
BIX 'mwelch'
|
|||
|
|
|||
|
|
|||
|
[About the author: Mark J. Welch is now a freelance writer and
|
|||
|
full-time law student. He was formerly a reporter for InfoWorld
|
|||
|
and earlier was associate news editor for BYTE.]
|
|||
|
|
|||
|
-----------------------------------------------------------------
|
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Fidonews Page 16 5 Jan 1987
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=================================================================
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NOTICES
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=================================================================
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The Interrupt Stack
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17 Jan 1987
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Deadline for voting on the proposed bylaws. Your ballot MUST
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be received by this date!
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17 May 1987
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Metro-Fire Fido's Second Birthday BlowOut and Floppy Disk
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Throwing Tournament! All Fido Sysops and Families Invited!
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Contact Christopher Baker at 135/14 for more information.
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24 Aug 1989
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Voyager 2 passes Neptune.
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If you have something which you would like to see on this
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calendar, please send a message to FidoNet node 1/1.
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-----------------------------------------------------------------
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RADIO COMPUTING DIGEST
|
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Devoted to Low-Cost, License-Free, Wireless Computer
|
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|
Communications. Public Digital Radio Service (PDRS) coverage, and
|
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|
much more. PDRS baud rate, in excess of One Million bps.
|
|||
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|
|||
|
Radio Computing Digest (RCD) will show you how to set up Digital
|
|||
|
Radio Stations, BBS's and LAN's. Both local and long distance
|
|||
|
links possible. Connect your computer to others, without Ma Bell!
|
|||
|
For a copy of RCD's Premier Issue, send Three Dollars to:
|
|||
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|
|||
|
P. L. Christensen, Box 916, Oroville, WA. 98844
|
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|
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|
-----------------------------------------------------------------
|
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WEIRDBASE IS BACK ON-LINE!
|
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Yes, Fido 100/523, WeirdBase, the coordinator of the Magick and
|
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|
SF Echomail conferences, is back up and on-line. I apologize to
|
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|
the entire world for the crash; it was mostly my fault (but be
|
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|
VERY careful using RENUM on a hard disk that is nearly full). If
|
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|
you sent me, or anyone at 100/523, FidoNet mail during the week
|
|||
|
prior to December 13th, it was probably lost un-read. Please re-
|
|||
|
send it. Thank you!
|
|||
|
- Brad Hicks, Founding Sysop
|
|||
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WeirdBase, Fido 100/523
|
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|
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Fidonews Page 17 5 Jan 1987
|
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|
|||
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|
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*Official IFNA By-laws Ballot
|
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Official IFNA Articles of Association and By-laws Ballot
|
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|
|||
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We, the interim directors of IFNA, submit for ratification the
|
|||
|
Articles of Association and By-laws as published in FidoNews
|
|||
|
number 349. In accordance with the recommendation of the By-laws
|
|||
|
Committee, each person listed as the Sysop of one or more FidoNet
|
|||
|
nodes, as of NODELIST.311 dated November 7, 1986, is entitled to
|
|||
|
ONE vote.
|
|||
|
|
|||
|
The proposed IFNA Articles of Association and By-laws, as
|
|||
|
published in Fido349.NWS dated December 22, 1986, should be:
|
|||
|
|
|||
|
|
|||
|
(Check one line) Adopted ________
|
|||
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|
|||
|
Rejected ________
|
|||
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|
|||
|
I am the SYSOP of record a FidoNet node which was listed in
|
|||
|
NODELIST.311 dated November 7, 1986 and have the right to cast
|
|||
|
one vote. There will be ONLY be one vote per person. There will
|
|||
|
be ONLY one vote per net/node number. I understand these rules
|
|||
|
and cast my ballot in accordance with them.
|
|||
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|
|||
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|
|||
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|
|||
|
|
|||
|
_______________________ ___________
|
|||
|
Signature Date
|
|||
|
|
|||
|
|
|||
|
_____/______
|
|||
|
Net Node
|
|||
|
|
|||
|
|
|||
|
Return this ballot via U. S. Mail to arrive not later than
|
|||
|
January 17, 1987 at:
|
|||
|
|
|||
|
IFNA Ratification
|
|||
|
C/O Christopher L. Bonfanti, CPA
|
|||
|
Aselage, Kiefer & Co.
|
|||
|
701 Emerson Road, Suite 201
|
|||
|
Creve Coeur Corporate Center
|
|||
|
St Louis, Mo. 63141-6709
|
|||
|
|
|||
|
Aselage, Kiefer & Co. are Certified Public Accountants and will
|
|||
|
provide an independent count of the vote and publish the results
|
|||
|
in FidoNews. Votes received by Saturday, January 17th will be
|
|||
|
included in the results.
|
|||
|
|
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|
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|
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