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863 lines
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Computer underground Digest Sun Sep 26, 1992 Volume 4 : Issue 46
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
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Archivist: Brendan Kehoe
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Shadow-Archivist: Dan Carosone
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Copy Editor: Etaion Shrdleau, Srr.
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CONTENTS, #4.46 (Sep 26, 1992)
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File 1--J Davis response on Piracy
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File 2--Response to Davis/Piracy (1)
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File 3--Response to Davis/Piracy (2)
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File 4--Studying Rights and Cyberspace
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File 5--EFF Analysis of FBI Digital Telephony (wiretap) proposal
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File 6--Cap't Crunch Discusses Sneakers With Newsbytes
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File 7--GATEWAY/WINDO ALERT
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File 8--Model Letter in re S. 2813 / HR 2772
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File 9--Police files conference
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Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
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available at no cost from tk0jut2@mvs.cso.niu.edu. The editors may be
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contacted by voice (815-753-6430), fax (815-753-6302) or U.S. mail at:
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Jim Thomas, Department of Sociology, NIU, DeKalb, IL 60115.
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
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news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
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LAWSIG, and DL0 and DL12 of TELECOM; on Genie in the PF*NPC RT
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libraries; from America Online in the PC Telecom forum under
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"computing newsletters;" on the PC-EXEC BBS at (414) 789-4210; and by
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anonymous ftp from ftp.eff.org (192.88.144.4) and ftp.ee.mu.oz.au
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Back issues also may be obtained from the mail server at
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mailserv@batpad.lgb.ca.us
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European distributor: ComNet in Luxembourg BBS (++352) 466893.
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COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
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information among computerists and to the presentation and debate of
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diverse views. CuD material may be reprinted for non-profit as long
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as the source is cited. Some authors do copyright their material, and
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they should be contacted for reprint permission. It is assumed that
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non-personal mail to the moderators may be reprinted unless otherwise
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specified. Readers are encouraged to submit reasoned articles
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relating to computer culture and communication. Articles are
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preferred to short responses. Please avoid quoting previous posts
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unless absolutely necessary.
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DISCLAIMER: The views represented herein do not necessarily represent
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the views of the moderators. Digest contributors assume all
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responsibility for ensuring that articles submitted do not
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violate copyright protections.
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----------------------------------------------------------------------
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Date: Sun, 20 Sep 1992 17:27:16 -0700
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From: James I. Davis <jdav@WELL.SF.CA.US>
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Subject: File 1--J Davis response on Piracy
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Regarding Robert Woodhead's and Wes Morgan's response (in CUD 4.42) to
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my earlier posting about software piracy and property rights, there
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are a few points to which I would like to respond. (As a disclaimer,
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I am not trying to defend the right to bootleg software, that is, to
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duplicate and _resell_ software. The discussion below deals with the
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unauthorized duplication and sharing of software, where no money
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changes hands.)
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One common defense raised for intellectual property rights, and
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against the unauthorized sharing of software, is that it injures the
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creator by robbing him or her of some deserved reward. And on a
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related note, the creator is entitled to compensation, and
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intellectual property rights are required to guarantee that. [Mr.
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Woodhead writes "[by unauthorized copying of software] you are showing
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a lack of respect for the creative efforts of other people." Mr.
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Morgan writes "If I pour 4 years of my life into the development of
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Snarkleflex, I DESERVE to profit from it." Denise Caruso (now editor
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of _Digital Media_) wrote a hilarious description a couple of years
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ago in an _SF Examiner_ column: "Why would some genius programmer,
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slaving away in a dark den redolent of cheese puffs and body odor, be
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willing to work for years on a revolutionary new software design if he
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or she didn't have any guarantee of being able to make money doing
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it?"]
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There are several fallacies in this argument.
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First, the reality of software production in the late 20th century is
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much different than this image. Most software production is NOT a
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cottage industry. The industry has quickly matured in the past few
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years into a typical monopolized industry. Most patent filings are by
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corporations. Most software is not purchased from the individuals who
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create the software, it is purchased from companies who have required
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their engineers to sign away any rights to whatever they come up with,
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AS A CONDITION OF EMPLOYMENT. So IN MOST CASES, the creator has been
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separated from the results of his or her creativity. But the image of
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the sole-proprietor hacker is raised up as a shield by the software
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industry -- the public can take pity on the "defenseless" hacker;
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people don't take pity on a Microsoft or an IBM. After invoking the
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"harm to the individual" argument, Mr. Woodward later says the
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distinction between creator and financier doesn't matter -- the
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software sharer is showing disrespect for the person who put up the
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cash. ("They risked the money, they deserve the rewards.") Here we get
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to the heart of the matter -- we're really talking about the "rights"
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of software corporations here; not the hacker, not the consumer, and
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not society.
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Nowhere do I argue that the people who write software should not be
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compensated for their effort. Of course people should be compensated!
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The question is how, and how much. Paycheck dollars from a
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corporation, a university, a cooperative or the government all spend
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equally as well. But the social benefits from the programmer's efforts
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are constrained by forcing them through the legal contortions of
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intellectual property rights and private ownership. The model that we
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have been using is private speculation for private gain, made possible
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via exclusive monopolies granted by the government, enforced by law. I
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am saying that other successful models exist and have generated useful
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products. The subtext in the "I deserve a reward" argument is that
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someone who comes up with a really useful idea should get a special
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reward. Fine. I have no problem with public recognition of significant
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contribution, even including a cash award. Again, this doesn't
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_require_ intellectual property rights.
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Third, to repeat my original point, property rights are NOT required
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to ensure creative activity. Switzerland didn't have a patent system
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until 1907, and the Dutch abandoned a patent system from 1869 until
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1912. George Barsalla, in _The Evolution of Technology_, argues that
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this did not retard their economic development or their
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"inventiveness." Both countries eventually adopted patent laws because
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of pressure from other industrial nations. Mr. Morgan says that
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"*companies* create for financial gain" (which I certainly agree
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with), but puts this forward as if the protection of *their* financial
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gain somehow justifies the rest of us having to suffer under
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intellectual property rights. Corporations are not necessary for the
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generation of the software we need.
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Harlan Cleveland, former diplomat and dean of the University of MN's
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HHHumphrey Institute of Public Affairs (I mean, he's a mainstream
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guy), wrote in an essay that appears in _Information Technologies and
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Social Transformation_ (published by the National Academy of
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Engineering): "Is the doctrine that information is owned by its
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originator (or compiler) necessary to make sure that Americans remain
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intellectually creative?" He answers in the negative, citing the
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healthy public sector R&D efforts in space exploration, environmental
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protection, weather forecasting and the control of infectious diseases
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as counter examples. He concludes the section with a warning. "The
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notion of information-as-property is built deep into our laws, our
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economy, and our political psyche... But we had better continue to
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develop our own ways, compatible with our own traditions, of rewarding
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intellectual labor without depending on laws and prohibitions that are
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disintegrating fast -- as the Volstead Act did in our earlier effort
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to enforce an unenforceable Prohibition."
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Fourth, the notion of a solitary inventor is a popular falsehood. No
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one creates in a vacuum. The programmer's skills and creativity rest
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upon past inventions and discoveries; publicly supported education;
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the other people who produced the hardware, the manuals and textbooks
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and the development tools; as well as the artists and accompanying
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infrastructure who may have inspired or influenced the programmer. In
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this sense, the developer's product is a social product, and
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consequently should redound to the benefit of all of society. The
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practical problem of compensation for effort and reward for
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outstanding achievement can be addressed outside of "intellectual
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property rights."
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Mr. Woodhead dismisses my position as "welfare for hackers." This is a
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rather cheap shot. First, there is nothing wrong with welfare. But Mr.
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Woodhead means "welfare for hackers" in a pejorative sense (he adds
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that he is being heavily sarcastic). No self-respecting hacker, Mr.
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Woodhead suggests, would accept something from the public or the
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government. "Any hacker worthy of the name would spurn it." What about
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every programmer who works for the government, obtains funding from
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the government (including the defense industry), all programmers who
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go through school and college (they're subsidized by the taxpayer),
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and all programmers who work in universities? Who's left? The public
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is already heavily involved in software production, but as is too
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often the case, the public finances something, and then turns it over
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to private corporations to reap all of the profits from it.
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The "welfare" charge also carries a divisive edge to it, implying that
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hackers should sneer at welfare. This is a self-defeating position for
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the programming community. There has been a mythology that programmers
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are a privileged lot, and immune from the vagaries of the overall
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economy. Sleeper, awake! All programmers should read the first chapter
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of Edward Yourdon's new book, _The Decline and Fall of the American
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Programmer_. He rings an alarm bell that big changes are underfoot in
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software production. As a current snapshot of the industry, here are
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some stats which I submitted to the current CPSR/Berkeley newsletter
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(available in its entirety from the CPSR listserver,
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listserv@gwuvm.gwu.edu): "40,000 jobs were lost in the electronics
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industry in the first quarter of this year (compared to 90,000 in all
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of 1991), including 9,100 jobs at computer component makers. For the
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first time since the American Electronics Association started
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reporting software industry figures, software job growth was flat, at
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133,400 workers. Wang goes into Chapter 11, with 5,000 workers to be
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laid off over the next 30 days... Besides Wang, Digital Equipment cut
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20,000 jobs over the past two years, and will cut another 15,000 this
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year; Data General now has 7,100 workers, down from a high of 17,000.
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Even computer services employment has been dropping, down 7.3% from
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its peak at the end of 1989. IBM now will probably cut 12,000
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additional workers this year, on top of the 20,000 previously
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announced. (But profits are up at IBM!). Software maker Aldus is
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laying off 100 workers, the Disney Park Design Unit is laying off 400
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imagineers..." (And I've submitted similar figures for the previous
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two quarterly newsletters as well.) The defense industry is expected
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to fire 1.2 _million_ people over the next four years, many of them
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highly skilled engineers. Programmers do get laid off. I know from
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personal experience. I was glad that there was unemployment insurance.
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No programmer should be so complacent as to say "it can't happen to
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me." So be glad that there is a safety net there, and keep it strong.
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Re: my point that intellectual property rights prevent intellectual
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effort, including software development, from maximizing its social
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benefit: If a copy of Lotus 1-2-3 does have use for people, and people
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are prevented from using it (e.g., because of the price barrier), then
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its potential benefit is constricted. (For an interesting discussion
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of this see Natalie Dandekar, "Moral Issues Involved in Protecting
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Software as Intellectual Property," _DIAC-90 Proceedings_, CPSR, Palo
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Alto, CA, 1990.)
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Mr. Woodhead claims that other users are hurt by the unauthorized
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sharing of software, because they end up paying more for the software.
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He is too charitable to the software companies. There is no reason to
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believe that, in the absence of unauthorized duplication, software
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prices would be reduced. The prime directive of capitalism is maximum
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profit. That is what pushes the price upwards. He imagines that there
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is a point at which the capitalist ("free-marketeer") is satiated and
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retires from the feeding frenzy out there in the market. Maybe on
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Mars. The capitalist can't say, I've made enough moolah, because he
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knows that others are also grabbing for the goods, and whoever gets
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the most wins, and drives the competition from the marketplace. His
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claim that the purported $24 billion in lost revenue would have been
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returned to the customer if the "pirates" didn't exist is absurd. What
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does come out of the pockets of consumers is the cost of financing
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legal battles between an Intel vs. AMD, or Apple vs. Microsoft, or
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Ashton-Tate (RIP) vs. Fox, over who exactly does own a design or an
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interface or a language (!).
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Mr. Woodhead says that no companies specialize in educational
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software. If this in fact is the case, then this only reinforces the
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argument for the necessity of some sort of social or public or
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community (or whatever you want to call it) funding of educational
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software development. Just because there is no "market" for quality
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educational software does not in any way mean that there is no _need_
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for it. Woodhead blames the schools for sabotaging the educational
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market by unauthorized duplication -- this, I would suspect, is more
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the result of teachers trying to fulfill their professional commitment
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of educating children, in the face of deep cuts in education spending
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and the reluctance (or refusal) of vendors to negotiate affordable
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site licenses. (See e.g., the 9/92 issue of _MacWorld_ for more on
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this).
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A similar argument _against_ the market, and _for_ public
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participation in these matters is powerfully articulated in the work
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of Prof. Herbert Schiller (most recently in _Culture, Inc.: The
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Corporate Takeover of Public Expression_; for a briefer discussion see
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his article "Public Information Goes Corporate" which appeared in the
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October 1, 1991 issue of _Library Journal_). He quotes ( in _Culture,
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Inc._) a 1986 interview with the then president of database vendor
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DIALOG that appeared in _Information Today_: "We can't afford an
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investment in databases that are not going to earn their keep and pay
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back their development costs." When asked what areas were not paying
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their development costs, he answered, "Humanities." The tag line above
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the _LJ_ article says "a society is emerging in which only data with a
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commercial value will be collected." One can extend this to software
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-- only software with a commercial value will be commercially
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produced. Marginal markets will be ignored.
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Re: Mr. Morgan's notion of more aggressively extending patents to
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software: it's already taking place. I think this topic has been
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addressed thoroughly by the League for Programming Freedom in their
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"Against Software Patents" paper (available from
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league@prep.ai.mit.edu. The interested reader should also look at
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their "Against User Interface Copyright" paper). 17 years (typical for
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patents) is an eternity in the evolution of software (as is 10 or 20
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years, as suggested by Mr. Morgan). As a sidenote, even the SPA has
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opposed software patents.
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Re: fair use -- the point I was trying to make is that the concept of
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"fair use" has EVOLVED and EXPANDED with increasing ability to easily
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duplicate various media. "Taping of television programs for personal
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use appears to have become accepted as fair use of copyright material.
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This is not in accord with the historical interpretation of fair use,
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since the programs are taped in their entirety. The use of the
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doctrine in the past has usually been restricted to copying portions
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of the work [for purposes of criticism, comment, research, etc.]. The
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rationale of the court must have been the unlikely efficacy of trying
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to put Pandora back into the box and the fact that no commercial use
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of the tapes was either alleged or documented." (Anne Branscomb,
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"Property Rights in Information", in _Information Technologies and
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Social Transformation_). The point is that legal constructs like "fair
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use" are not brought to us by Moses -- they are determined by the
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balance of social forces through legal, political, economic and other
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forms of struggle. And therefore they are something which we can
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affect.
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If the persistent reader has made it this far, allow me to conclude
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with a quote from an interview with Bruce Sterling that appeared in
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the Summer, 91 issue of the excellent and highly recommended print
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publication _Intertek_ ($8/year, check payable to Steve Steinberg, 325
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Ellwood Beach, #3, Goleta, CA 93117; steve@cs.ucsb.edu): "I think that
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trying to commodify information -- trying to make it like buying a
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chair from Sears -- is just deeply misguided... It looks good on paper
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but as you go on year after year, trying to make it a reality, you
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find it just doesn't work. There are just too many people, like
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myself, who have very little respect for the idea of intellectual
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property. I don't pirate software, not because I believe that
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intellectual stuff is property, but just because I'm law-abiding.
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Information does want to be free -- it doesn't want to be $5 a baud.
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There's something stupid about that... I think we'll see a lot more
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commodification before we see less. But the idea of information as a
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commodity is just wrong. I mean, people say, 'if you could go into
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Sears and steal chairs they wouldn't stay in business.' Well if you
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had a device that could make infinite chairs for free, Sears would
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never have come into existence."
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Computer: Earl Grey tea. Hot.
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------------------------------
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Date: 15 Sep 92 14:27:40 CDT (Tue)
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From: peter@FICC.FERRANTI.COM(Peter da Silva)
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Subject: File 2--Response to Davis/Piracy (1)
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Re: Wes Morgan's article in CuD #4.43
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I largely agree with most of his arguments, but I would like to point
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out one mistake... he says:
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"The whole concept of copyrights ... is based on the notion
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that the creator ... is entitled to some compensation for his
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effort"
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This is just not true. The whole concept of copyrights and patents in
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the United States is based on the notion that by making intellectual
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property a salable commodity subject to market forces, more and better
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intellectual property will be created and it will be distributed more
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freely.
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And, you know what, it works. There's no better refutation, nor need
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there be a better refutation, of the argument that piracy promotes
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openness. It doesn't. It promotes encrypted software, dongles, and
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trade secrets. It discourages publication. It reduces the incentive to
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create viable products of commercial quality. These are not the result
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of intellectual property laws, they're the result of the failure to
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enforce intellectual property laws.
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------------------------------
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Date: 21 Sep 1992 08:45:30 -0800
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From: "Michael Stack" <stack@STARNINE.COM>
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Subject: File 3--Response to Davis/Piracy (2)
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The two responses (CuD 4.43) to James I. Davis's provocative article
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--"Software Piracy - The Social Context" (CuD 4..42) -- both make the
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common fault of equating whats good for business with that which is
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good for society as a whole. They both seem to view copyright and
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patents as a system guaranteeing a right to profit overlooking the
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original constitutional intent to "promote the progress of Science and
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the useful Arts."
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Mr. Davis has difficulty with the way property rights are applied with
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regard to software and information in general (as do I or I wouldn't
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be writing this), yet both respondents base significant portions of
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their counter-arguments upon the very object under contention. They
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use terms like "stealing" and that software/information is "property"
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etc. To be able to accuse someone of stealing or to claim something
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as property (and to subsequently grant licenses on how this property
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is to be used) implies there exists rights of ownership in the first
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place. The crux of Mr. Davis's article questions this right. The
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respondents by-pass this altogether. Their articles are but
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explanations of the existing order in case we didn't already
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understand.
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Neither mentions the recent alarming developments in the application
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of copyright and patent particularly to software (see the literature
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of the League for Programming Freedom or the recent Barrons "Software
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Patents Block the Path of Computing Progress" article) which threatens
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all software written outside the cubicles of major software
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corporations. The fact that "alls not well in the state of Denmark"
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in itself punches large holes in the system the two respondents
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defend.
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Both belittle the spectre of "police state" raised by Mr. Davis.
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Amazingly, this is done within the pages of a publication which has
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spotlighted many instances of "police-state" behavior: doors
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kicked-in in the early hours of morning, guns drawn, threats,
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equipment confiscated (permanently?), "guilty till proved innocent,"
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etc.
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Some specifics on Mr. Morgan's piece:
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--On the one hand you argue "If I pour 4 years of my life into the
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development of SnarkleFlex, I DESERVE to profit from it" but then you
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append a caveat which undoes this assertion "(assuming that people
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want to purchase/use it)." Doesn't this condition make your
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capitalized assertion self-destruct? Do you deserve to be rewarded
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for your work, yes or no, or is it to be let dependent on market
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caprice?
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--You ask "Would you make a copy of Webster's Dictionary and give it
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to a friend?" and you sport(!) "Xerox(tm)[ing] your entire printed
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library for me..." "...would be just fine, right?" Yes, it would --
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if the library and dictionary were in a readily distributable form and
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the copy cost me near nothing i.e. in digital form. I'd be happy to
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give you a copy. I could give it to anyone. As to how I'd have a
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library in the first place we can discuss (perhaps outside of this
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forum).
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Michael Goldhaber in his book Reinventing Technology states "Since new
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information technology includes easy ways of reproducing information,
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the existence of these [intellectual property] laws effectively
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curtail the widest possible spread of this new form of wealth."
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------------------------------
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|
||
Date: Thu, 24 Sep 92 21:55:28 EDT
|
||
From: woj <@netmgr.cso.niu.edu:REWOICC@ERENJ.BitNet>
|
||
Subject: File 4--Studying Rights and Cyberspace
|
||
|
||
The following article is transcribed from "Clarkson Closeup", a
|
||
magazine sent to alumni and such. I thought that CuD might be
|
||
interested in the subject matter (and perhaps the EFF might be as
|
||
well). I'm fairly certain that Prof. Ross is reachable via the net.
|
||
No byline is given.
|
||
|
||
((MODERATORS' COMMENT: Professor Ross may be reached at:
|
||
SROSS@CRAFT.CAMP.CLARKSON.EDU).
|
||
|
||
+++++
|
||
|
||
"Studying Rights and Cyberspace"
|
||
|
||
Susan M. Ross, assistant professor of Technical Communications, has
|
||
been awarded a $3,600 grant from the Canadian Embassy to study the
|
||
Canadian Charter of Rights and Freedoms and the U.S. Bill of Rights
|
||
with respect to computer-mediated communication. Her research
|
||
involves the study of cyberspace -- the "virtual" or imaginary space
|
||
within which computer data is stored.
|
||
|
||
Cyberspace can be entered though any computer connected in a network,
|
||
or via a modem. Within networks, "communities" are formed through the
|
||
ex-change of data and information.
|
||
|
||
Ross is analyzing the human rights issues within these cyberspace
|
||
communities to help define the rights of users connected to networks.
|
||
Her research also assesses the differences in legal structure,
|
||
regarding electronic communication, between the United States and
|
||
Canada. Currently, she is looking at specific legal issues which have
|
||
entered litigation.
|
||
|
||
Last year, for example, a network called CompuServe experienced
|
||
problems with obscene material posted by users. Courts ruled the
|
||
network was not responsible for postings by a private user.
|
||
|
||
Concerns have also arisen in both nations over guaranteeing "equal
|
||
justice" to those accused of committing computer-assisted crimes and
|
||
those accused of crimes in which computer technology in not involved.
|
||
Differences in the wording of the constitutions could affect the
|
||
pursuit of "equal justice." For example, the U.S. Constitution does
|
||
not explicitly extend constitutional protections (e.g. First Amendment
|
||
and Fourth Amendment rights) to citizens who employ or are affected by
|
||
technologies that its framers could not anticipate. In contrast,
|
||
Canada does guarantee, "freedom of thought, belief, opinion and
|
||
expression, including freedom of the press and other media of
|
||
communication."
|
||
|
||
The research has applications for the Free Trade Agreement with
|
||
respect to computer information exchange across the border. It also
|
||
covers the evolution of constitutional civil rights for citizens who
|
||
enter cyberspace from the U.S. and Canada.
|
||
|
||
Ross received a bachelor of arts degree from Middlebury College,
|
||
master's degrees from Dartmouth University and the University of
|
||
Vermont, and her doctorate from Renssalaer Polytechnic Institute.
|
||
|
||
++++++++++
|
||
|
||
I'd be interested in hearing more about this CompuServe case if anyone
|
||
has any information on it - I seem to have missed it completely.
|
||
Also, I think that Prof. Ross should be made aware of CuD, EFF and the
|
||
telecom-privacy digest as I'm sure that she could find some
|
||
interesting material there (and possibly save her some work.)
|
||
|
||
Just another Clarkson alum...
|
||
|
||
Reply to: Rob Woiccak - rewoicc@erenj.bitnet
|
||
|
||
------------------------------
|
||
|
||
Date: Thu, 17 Sep 1992 19:15:01 -0400
|
||
From: Christopher Davis <ckd@EFF.ORG>
|
||
Subject: File 5--EFF analysis of FBI Digital Telephony (wiretap) proposal
|
||
|
||
+=========+=================================================+===========+
|
||
| F.Y.I. |Newsnote from the Electronic Frontier Foundation |Sep 17,1992|
|
||
+=========+=================================================+===========+
|
||
|
||
JOINT INDUSTRY/PUBLIC INTEREST COALITION RELEASES WHITE PAPER OPPOSING
|
||
FBI DIGITAL TELEPHONY LEGISLATION
|
||
|
||
WASHINGTON, D.C. -- The Electronic Frontier Foundation (EFF), on
|
||
behalf of a coalition of industry, trade associations, computer users,
|
||
and privacy and consumer representatives, today released a white paper
|
||
entitled, "Analysis of the FBI Proposal Regarding Digital Telephony."
|
||
The FBI has proposed legislation which would require that all
|
||
telecommunications equipment be designed to allow law enforcement
|
||
monitoring and is seeking passage in the last few weeks of this
|
||
congress. The organizations that signed the paper believe that the
|
||
proposal would cost consumers millions of dollars, damage U.S.
|
||
competitiveness in the telecommunications marketplace, threaten
|
||
national security interests, and deny American consumers and American
|
||
businesses of much-wanted security and privacy on voice and data
|
||
communications.
|
||
|
||
"Basically, the FBI's legislative proposal is premature. We hope that
|
||
the white paper demonstrates that there are too many potential dangers
|
||
inherent in the legislative proposal and that there are other means of
|
||
addressing this situation," said Jerry Berman, Executive Director of
|
||
the Washington office of the Electronic Frontier Foundation.
|
||
|
||
Over the past decade a host of new digital communication technologies
|
||
have been introduced and more are being developed. New telephone
|
||
services, such as call-forwarding and last number re-dial, are now
|
||
being offered. The FBI is concerned about the impact these services
|
||
-- and other digital communications techniques -- will have on its
|
||
ability to wiretap. In the future, the vast majority of computer
|
||
communications will also use this technology to transfer information
|
||
and documents.
|
||
|
||
Signatories included major telecommunications equipment manufacturers,
|
||
such as AT&T; computer manufacturers, such as IBM and Digital
|
||
Equipment Corporation; software producers, such as Microsoft and
|
||
Lotus; network providers, such as Prodigy and Advanced Network and
|
||
Services, Inc.; trade associations in the telecommunications, computer
|
||
and electronic mail businesses; and public interest groups, such as
|
||
the Electronic Frontier Foundation and the ACLU. The Electronic
|
||
Frontier Foundation, a group of 955 members of the computer community,
|
||
has been coordinating an industry/public interest working group on
|
||
digital telephony.
|
||
|
||
The working group has met with the FBI over a number of months in an
|
||
effort to work out mutually-agreeable solutions to the challenge that
|
||
the development of new communications technologies poses to the FBI.
|
||
David Johnson, a partner at Wilmer, Cutler & Pickering, drafted the
|
||
white paper for the working group and serves as its legal advisor.
|
||
|
||
"We have made significant progress and both sides better understand
|
||
the other's needs and concerns. The bottom line, however, is that
|
||
those who signed the paper do not see broad-based legislation as the
|
||
right approach to this challenge. We have worked with the FBI to
|
||
develop practical, technical solutions to the problems they are
|
||
anticipating and intend to continue to do so," said John Podesta, of
|
||
Podesta Associates, Inc., who coordinates the working group on behalf
|
||
of EFF.
|
||
|
||
# # #
|
||
|
||
For a copy of the white paper, please call +1 202 544-6906, or use
|
||
anonymous ftp to ftp.eff.org, file pub/EFF/legal-issues/eff-fbi-analysis.
|
||
|
||
FOR IMMEDIATE RELEASE September 17, 1992
|
||
|
||
For more information contact: John Podesta 202/544-6906
|
||
Jerry Berman 202/544-9237
|
||
|
||
+=====+===================================================+=============+
|
||
| EFF |155 Second Street, Cambridge MA 02141 (617)864-0665| eff@eff.org |
|
||
|
||
------------------------------
|
||
|
||
Date: Fri, 18 Sep 92 07:06:00
|
||
From: John F. McMullen <mcmullen@well.sf.ca.us>
|
||
Subject: File 6--Cap't Crunch Discusses Sneakers With Newsbytes
|
||
|
||
NEW YORK, NEW YORK, U.S.A., 1992 SEP 18(NB) -- John Draper, author of
|
||
one of the earliest word processing programs, EasyWriter, and, under
|
||
his nomme de plume, "Cap't Crunch", one of the first known "hackers",
|
||
told Newsbytes that while he "really enjoyed Sneakers, people should
|
||
realize that there is an important message contained within."
|
||
|
||
Draper, who served time in prison for his "phone phreaking", was
|
||
considered the model on which the role of "Cosmo", played by Ben
|
||
Kingsley, was based. Cosmo, like Draper, served a prison sentence for
|
||
his activities and, while in prison, became a collaborator with a
|
||
nationwide criminal organization, becoming their technical wizard.
|
||
|
||
Draper accepts the identification with Cosmo and says that the movie
|
||
brings out the problems of technology transfer in prison. He said
|
||
"While I was in prison, I learned how to pick a master lock. I didn't
|
||
ask for the knowledge; it was forced on me. Someone would say 'Let me
|
||
show you this' so you would.
|
||
|
||
"They would wheedle things out of me -- you don't snitch or not go
|
||
along in prison. I showed them how to build a random code voice
|
||
scrambler as well as other things about methods of obtaining free
|
||
phone service. It bothers me that these methods are probably used
|
||
today by Columbia drug dealers.
|
||
|
||
"We have to be concerned about the fact that prisons are Universities
|
||
of Crime. We don't want criminals to have the benefit of knowledge
|
||
that our government doesn't have. We don't want a Robert Morris or a
|
||
Phiber Optik sharing a cell with a friend of Noreiga's. We should
|
||
learn from history and come up with procedures to insure that this
|
||
relationship between the computer underground and true criminals is
|
||
not allowed to flourish."
|
||
|
||
Draper also told Newsbytes that while he enjoyed the movie immensely,
|
||
he did not care for violent portions in which guns were used; he said
|
||
"I hate guns."
|
||
|
||
Draper became "Cap'n Crunch" when he found that whistles given away in
|
||
Cap't Crunch serial emitted the 2600 tone necessary to "fool" the
|
||
automatic billing and verification system of the phone companies.
|
||
Since his release from prison, Draper has written Easywriter and a
|
||
Forth compiler for the Apple II (while writing the software products,
|
||
Draper was known as "Cap't Software; he has since resumed Crunch). He
|
||
has also been employed as a programmer and consultant.
|
||
|
||
(Barbara E. McMullen & John F. McMullen/Press Contact: John Draper,
|
||
crunch@well.sf.ca.us (e-mail)/19920918)
|
||
|
||
------------------------------
|
||
|
||
Date: Mon, 14 Sep 1992 11:45:14 CDT
|
||
From: James P Love <LOVE%PUCC@PSUVM.PSU.EDU>
|
||
Subject: File 7--GATEWAY/WINDO ALERT
|
||
|
||
((MODERATORS' NOTE: The federal government seems to require dragging,
|
||
kicking and screaming, into the 21st century. On-line access to
|
||
federal information is *CRUCIAL* to an informed electorate, and we
|
||
URGE READERS TO WRITE THEIR REPRESENTATIVES AND OTHERS))
|
||
|
||
Gateway/WINDO - SEPTEMBER ALERT
|
||
|
||
===========================================================
|
||
Re: S. 2813, the GPO Gateway to Government
|
||
H.R. 2772, the GPO Wide Information Network for Data Online
|
||
(WINDO)
|
||
(two bills that would provide one-stop-shopping *online*
|
||
public access to federal information systems and databases)
|
||
===========================================================
|
||
|
||
September 14, 1992
|
||
|
||
BACKGROUND
|
||
|
||
Congress is considering two bills (S. 2813; hr 2772) that would
|
||
require the Government Printing Office (GPO) to provide
|
||
one-stop-shopping *online* public access to federal information
|
||
systems and databases. (For a fact sheet or copies of the bills, send
|
||
an email message to tap@essential.org). Joint House and Senate
|
||
hearings were held on July 23, 1992. To become law, the bills must be
|
||
approved by the House Administration and Senate Rules Committees, and
|
||
then be approved by the full House and Senate.
|
||
|
||
THE SCOOP
|
||
|
||
On September 10, the Senate Rules committee canceled a scheduled
|
||
mark-up of S. 2813, the Senate version of the Gateway/WINDO
|
||
legislation. The official reason for the cancellation was the death
|
||
of Senator Burdick. Unofficially, the problems have been attributed
|
||
to house republicans, led by Newt Gingrich, who have threatened to
|
||
oppose passage of a bill sponsored by Senator Gore, due to the
|
||
presidential campaign. The alternative strategy is to the move the
|
||
house bill first, thereby deemphasizing Senator Gore's role. If any
|
||
bill moves this year it is likely to be a substitute for HR 2772,
|
||
cosponsored by ranking republicans on the House Administration
|
||
Committee.
|
||
|
||
WHAT YOU CAN DO
|
||
|
||
Clearly time is running out. The most important thing that you can do
|
||
is contact your congressional representative and ask them to urge the
|
||
congressional leadership to move these bills. It is particularly
|
||
important to contact members of the House of Representatives,
|
||
including the House leadership and republicans on the House
|
||
Administration Committee. The names, telephone numbers and address
|
||
for key legislators are given below.
|
||
|
||
=========================
|
||
Congressional Target List
|
||
=========================
|
||
|
||
Committee on House Administration,
|
||
U.S. House of Representatives
|
||
|
||
Representative State/District Phone Major Cities
|
||
|
||
DEMOCRATS
|
||
|
||
Charlie Rose NC-7 225-2731 Fayetteville/Wilmington
|
||
Frank Annunzio IL-11 225-6661 Chicago
|
||
Joseph Gaydos PA-20 225-4631 McKeesport
|
||
Leon Panetta CA-16 225-2861 Monterey/Salinas
|
||
Al Swift WA-2 225-2605 Bellingham/Everett
|
||
Mary Rose Oakar OH-20 225-5871 Cleveland
|
||
Bill Clay MO-1 225-2406 St. Louis
|
||
Sam Gejdenson CT-2 225-2076 Norwich/Middletown
|
||
Joe Kolter PA-4 225-2565 Beaver Falls/Butler
|
||
Martin Frost TX-24 225-3605 Dallas
|
||
Tom Manton NY-9 225-3965 Sunnyside
|
||
Marty Russo IL-3 225-5736 Chicago
|
||
Steny Hoyer MD-5 225-4131 Landover/PG County
|
||
Gerald Kleczka WI-4 225-4572 Milwaukee
|
||
Dale Kildee MI-7 225-3611 Flint
|
||
|
||
|
||
REPUBLICANS
|
||
|
||
Bill Thomas CA-20 225-2915 Bakersfield/Pismo Beach
|
||
Bill Dickerson AL-2 225-2901 Montgomery
|
||
Newt Gingrich GA-6 225-4501 Atlanta
|
||
Pat Roberts KS-1 225-2715 Dodge City/Salina
|
||
Paul Gilmor OH-5 225-6405 Bowling Green/Sandusky
|
||
James Walsh NY-27 225-3701 Syracuse
|
||
Mickey Edwards OK-5 225-2132 Oklahoma City
|
||
Bob Livingston LA-1 225-3015 Slidell/Metairie
|
||
Bill Barrett NE-3 225-6435 Scotsbluff/Grand Island
|
||
|
||
HOUSE LEADERSHIP
|
||
|
||
Thomas Foley WA-5 225-2006 Spokane/Walla Walla
|
||
Robert Michael IL-18 225-6201 Peoria
|
||
Richard Gephardt MO-3 225-2671 St. Louis
|
||
Joe Moakely MA-9 225-8273 Boston
|
||
|
||
|
||
Mail to House Members should be addressed:
|
||
|
||
The Honorable ______________
|
||
U.S. House of Representatives
|
||
Washington, DC 20515
|
||
|
||
|
||
|
||
Committee on Rules and Administration
|
||
U.S. Senate
|
||
|
||
Senator State Phone
|
||
|
||
DEMOCRATS
|
||
|
||
Wendell Ford KY 224-4343
|
||
Claiborne Pell RI 224-4642
|
||
Robert Bryd WV 224-3954
|
||
Daniel Inouye HI 224-3934
|
||
Dennis DeConcini AZ 224-4521
|
||
Al Gore TN 224-4944
|
||
Daniel Moynihan NY 224-4451
|
||
Christopher Dodd CT 224-2823
|
||
Brock Adams WA 224-2621
|
||
|
||
REPUBLICANS
|
||
|
||
Ted Stevens AK 224-3004
|
||
Mark Hatfield OR 224-3753
|
||
Jesse Helms NC 224-6342
|
||
John Warner VA 224-2023
|
||
Bob Dole KS 224-6521
|
||
Jake Garn UT 224-5444
|
||
Mich McConnell KY 224-2541
|
||
|
||
|
||
SENATE LEADERSHIP
|
||
|
||
George Mitchell ME 224-5344
|
||
|
||
|
||
Mail to Senators should be addressed:
|
||
|
||
The Honorable ____________
|
||
U.S. Senate
|
||
Washington, DC 20510
|
||
|
||
=================================================================
|
||
James Love, Director voice: 215/658-0880
|
||
Taxpayer Assets Project fax: call
|
||
12 Church Road internet: love@essential.org
|
||
Ardmore, PA 19003
|
||
|
||
------------------------------
|
||
|
||
Date: Fri, 18 Sep 92 12:10:42 EDT
|
||
From: LOVE@TEMPLEVM.BITNET
|
||
Subject: File 8--Model Letter in re S. 2813 / HR 2772
|
||
|
||
|
||
Dear _________
|
||
|
||
|
||
We strongly support the GPO Gateway/WINDO (S. 2813; hr 2772)
|
||
legislation now pending before the Senate Rules and House
|
||
Administration Committees. These bills will vastly expand public
|
||
access to information produced at public expense, and allow ordinary
|
||
citizens to benefit from billions of dollars in federal expenditures
|
||
on information technologies. Citizen access to government computer
|
||
systems and databases through modems and computers is an idea whose
|
||
time has come. These bills are strongly supported by the American
|
||
Library Association, academic organizations, and many others in the
|
||
research community, including citizens groups and large and small
|
||
businesses. Please tell me what specific steps you take to obtain
|
||
passage of this important legislation.
|
||
|
||
------------------------------
|
||
|
||
Date: Tue, 22 Sep 1992 20:00:00 -0400
|
||
From: Nigel Allen <nigel.allen@CANREM.COM>
|
||
Subject: File 9--police files conference
|
||
|
||
Here is a press release from the U.S. Department of Justice.
|
||
|
||
National Criminal Justice Information Conference in New Orleans
|
||
To: City and Assignment desks
|
||
Contact: Stu Smith of the Office of Justice Programs,
|
||
U.S. Department of Justice, 202-307-0784 or
|
||
301-983-9354 (after hours)
|
||
|
||
WASHINGTON, Sept. 23 -- A national conference on federal-state
|
||
criminal justice information sharing will be held from Wednesday,
|
||
Sept. 23, through Saturday, Sept. 26, in New Orleans, the Department
|
||
of Justice announced today.
|
||
|
||
Jointly sponsored by the Bureau of Justice Statistics (BJS) and the
|
||
Justice Research and Statistics Association (JRSA), the conference
|
||
participants will discuss "Federal and State Information Sharing to
|
||
Effectively Combat Crime and Ensure Justice."
|
||
|
||
Specific topics that will be aired include "New Measures in the
|
||
Criminal Justice System," "'Weed and Seed' and New Drug and Crime
|
||
Prevention Initiatives," "Challenges and Reforms to the Justice System
|
||
in the 90s," "Uses of Incident-based Reporting Systems," "Recent
|
||
Developments in Criminal History Improvements" and various research
|
||
issues in corrections, prosecution and law enforcement. Among the
|
||
approximately 250 people expected to attend will be officials from
|
||
state and local government and various federal agencies as well as
|
||
leading criminal justice researchers and scholars. Other participants
|
||
will be the directors of State Statistical Analysis Centers (SACs) and
|
||
other members, associate members and guests of JRSA.
|
||
|
||
BJS has provided funding to state justice statistics and
|
||
information systems through a network of SACs since 1972. There are
|
||
currently SACs in 48 states, the District of Columbia, Puerto Rico,
|
||
the Virgin Islands, and the Northern Mariana Islands. The SACs
|
||
provide a wealth of data about crime and the operation of the criminal
|
||
justice system to state and local governments, legislatures,
|
||
|
||
and Attorneys General for policy analysis and planning purposes. This
|
||
year is the 20th anniversary of the SAC program. It also marks the
|
||
beginning of a new initiative to establish a truly national system of
|
||
federal, state and local government information-sharing and readily
|
||
accessible data bases.
|
||
|
||
Additional information about BJS programs and publications may be
|
||
obtained from the Bureau of Justice Statistics Clearinghouse, Box
|
||
6000, Rockville, Md. 20850. The telephone number is 800-732-3277.
|
||
+++
|
||
Canada Remote Systems - Toronto, Ontario
|
||
World's Largest PCBOARD System - 416-629-7000/629-7044
|
||
|
||
------------------------------
|
||
|
||
End of Computer Underground Digest #4.46
|
||
************************************
|
||
|
||
|
||
|