197 lines
9.5 KiB
Plaintext
197 lines
9.5 KiB
Plaintext
Date: Thursday, 3 December 1987 07:16-MST
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From: august at VLSI.JPL.NASA.GOV (Richard August)
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To: info-modems
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Re: Copyright: The Gospel according to CompuServe! (Their position)
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--WHAT IS A COMPILATION COPYRIGHT?
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CompuServe has copyrighted the contents of the CompuServe
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Information Service as a compilation copyright, just as many magazines
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and newspapers reserve such a copyright on the contents of their
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publications. This copyright is held in accordance with the 1976
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Copyright Act of the United States.
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A compilation copyright is granted when an organization collects
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information in a lawful way, adds value to it, and offers it to
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others. In this case, the CompuServe Information Service is a
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value-added product; CompuServe Incorporated has committed substantial
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financial resources to collecting more than 400 databases and offering
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them in an organized, structured way to a defined user base through a
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nationwide telecommunications network. The compilation copyright is
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intended to protect that substantial investment from unauthorized
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exploitation. This does NOT mean that CompuServe assumes ownership of
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individual programs and databases provided to the system by
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subscribers or information providers.
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--IF I UPLOAD A SOFTWARE PROGRAM I'VE DEVELOPED TO COMPUSERVE, DO
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I STILL RETAIN OWNERSHIP OF THE PROGRAM?
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Yes, you do. CompuServe's compilation copyright does NOT
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supercede individual ownership rights or copyrights to any of the
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material furnished to the Service by subscribers or information
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providers.
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For example, a subscriber who creates a program and uploads it to
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a CompuServe forum data library STILL OWNS that program, and may
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upload it to other information services and bulletin board systems.
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It should be noted, however, that CompuServe cannot grant any
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redistribution rights for materials copyrighted by the author, unless
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specifically authorized to do so, CompuServe does not own the material
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or the copyright. These rights must be obtained directly from the
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author.
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--WHAT IS COMPUSERVE'S STANCE TOWARD COPYRIGHTED, PUBLIC DOMAIN, AND
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SHAREWARE PROGRAMS?
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Each of these types of property have special characteristics, and
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deserves separate explanation:
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COPYRIGHTED MATERIAL
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CompuServe does not allow copyrighted material to be placed on
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the CompuServe Information Service without the author's permission.
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Only the owner(s) or persons they specifically authorize may upload
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copyrighted material to the Service.
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Any subscriber may download copyrighted material for their own
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use. Any subscriber may also non-commercially redistribute a
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copyrighted program with the expressed permission of the owner or
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authorized person. Permission must be specified in the document, on
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the Service, or must be obtained directly from the author. See menu
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choices 5,6 and 7 for more information about redistribution
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guidelines.
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PUBLIC DOMAIN
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Any subscriber may upload public domain programs to the Service.
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Any subscriber may download public domain programs for their own use
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or non-commercially redistribute a public domain program. See menu
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choices 5, 6, and 7 for more information about redistribution
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guidelines.
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SHAREWARE
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Only the owner or an authorized person may upload shareware
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programs.
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Any subscriber may download shareware programs for their own use,
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subject to the terms provided by the owner. Any subscriber may
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non-commercially redistribute a shareware program subject to the
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provided terms explicitly displayed in the software itself, or with
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permission of the owner or authorized person. See menu choices 5, 6
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and 7 for more information about redistribution guidelines.
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--AS A COMPUSERVE SUBSCRIBER, CAN I DOWNLOAD PUBLIC DOMAIN INFORMATION
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AND SHAREWARE PROGRAMS FOR MY OWN USE FROM COMPUSERVE FORUM DATA
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LIBRARIES?
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Yes, you can. Public domain information and shareware programs
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are uploaded to CompuServe data libraries by their authors for use by
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other CompuServe subscribers.
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--MAY I DOWNLOAD PROGRAMS FROM COMPUSERVE FORUM DATA LIBRARIES AND
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SHARE THEM WITH A FRIEND, OR UPLOAD THEM TO ANOTHER BULLETIN BOARD
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SYSTEM?
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In keeping with the spirit of the development of public domain
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information and shareware, it is not CompuServe's current policy to
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prevent casual redistribution of this type of information -- this is
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low volume and low frequency use or redistribution of information
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where no commercialism is involved. This means that a customer may
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download a file and share it with others for no commercial gain --
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either via a bulletin board service, diskette, or other means.
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A subscriber may not, however, download a large number of files
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for redistribution via any means, nor is it acceptable for a
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subscriber to update another bulletin board regularly with files
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obtained from CompuServe.
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It's important to note that CompuServe cannot grant
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redistribution rights for programs clearly copyrighted by the author,
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unless specifically authorized to do so. Such permssion must be
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obtained directly from the author of the program.
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--MAY I DOWNLOAD AND RESELL A PROGRAM FROM A COMPUSERVE FORUM DATA
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LIBRARY?
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Commercial exploitation of material contained on the CompuServe
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Information Service is specifically prohibited by the CompuServe
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Service agreement, to which each subscriber agrees before being
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permitted to access the Service. Therefore, subscribers cannot
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lawfully download and redistribute public information or shareware
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programs for personal gain.
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In addition, mass redistribution of public domain information or
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shareware is also prohibited. Mass distribution is defined as high
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frequency and/or high volume transfers.
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--WHAT ARE THE PENALTIES FOR VIOLATING THE COMPILATION COPYRIGHT OR
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SERVICE AGREEMENT PROVISIONS?
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When a situation involving exploitation is brought to
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CompuServe's attention, we investigate and, if warranted, remind the
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violator of the terms of the Service Agreement. If subsequent
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violations are reported, access to the CompuServe Information Service
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may be terminated for the violator and, in extreme cases, a letter is
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sent from our legal counsel asking that he or she cease and desist, or
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risk further legal action.
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This is done as a positive step to protect the value and use of
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the material for CompuServe Information Service subscribers, and to
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discourage unauthorized redistribution of that material.
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1. The CompuServe Information Service (the "Service") consists of the
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use of the computing services, software and databases so designated by
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CompuServe. These Terms and any Operating Rules published over the
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Service constitute the entire Agreement for the Service and supersede
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all prior and contemporaneous statements, communications and
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documents.
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2. Upon notice published over the Service, CompuServe may modify
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these Terms, the Operating Rules, or the Service. Such modifications
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may include, without limitation, price changes, implementation of user
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priorities and discontinuance of parts of the Service. Upon at least
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six months' prior notice published over the Service, CompuServe may
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terminate the Service.
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3. Customer's use of the Service is not transferable and is subject
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to any limits established for Customer's credit card or any limits
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established by CompuServe.
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4. Customer is responsible for and must provide all telephone and
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other equipment necessary to access the Service.
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5. The Service is provided on an "as-is, as-available" basis.
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NEITHER COMPUSERVE, ITS DISTRIBUTORS, NOR ITS SUPPLIERS MAKE ANY
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WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE
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OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
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TO THE SERVICE. Customer is responsible for implementing sufficient
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procedures and chec kpoints to satisfy his/her requirements for
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accuracy of data input and output and for maintaining a means external
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to the Service for reconstruction of any lost data.
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6. Customer will not reproduce, sell, publish, or in any manner
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commercially exploit any information obtained through the Service or
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participate in or allow such reproduction, sale, publications or
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exploitation by any person.
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7. The provisions of paragraphs 5 and 6 are for the benefit of
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CompuServe and its data suppliers; any such data supplier shall have
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the right to assert and/or to enforce such provisions directly on its
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own behalf.
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8. In addition to connect time charges, monthly minimums, and
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purchases made through the Service, Customer will be responsible for
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payment of all premium program charges, transaction charges, and/or
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add-on connect time charges when the Customer utilizes such services
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that generate these charges, and for any surcharges incurred while
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using any supplemental networks other than CompuServe.
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9. This Agreement will be performed in and governed by the laws of
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the State of Ohio. Any claims or causes of action related to the
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Service must be instituted within one year after the claim or cause of
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action has arisen or be barred. Service Agreement I agree to pay the
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CompuServe Information Service rates in effect for the billing period
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in which the services are purchased and billed. I agree to pay the
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validation charge in effect at the time this Agreement is accepted by
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CompuServe. I agree to the terms and conditions of the Billin g
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Option which I have selected and as published over the Service. I
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shall maintain confidentiality of my password at all times and take
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responsiblity for its security. I have read and fully understand the
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Terms of this Agreement and agree to be bound by them.
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