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ºVol 2 This Month's Features of IceNEWS Issue 1º
º Feb ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1993 º
º º
º 1. Software Piracy, The Law & Sysop Responsibilities. º
º º
º By: Don Christopher Kassay ................ 1 @9952 º
º º
º 2. How to be a Good Cosysop - by Louie............6 @1 º
º º
º 3. Mod of the Month - WFC_Screen - by Odin....... 1 @7664 º
º º
º 4. Rusty 'n Edie's BBS Busted for Software Piracy. º
º º
º From Master Mechanic....................... 1 @6461 º
º º
º This Month's Editors: Louie 6 @1 and Zeus 2 @7664 º
ÈÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍͼ
ÖÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ·
º º
º 1. Software Piracy, the Law, and Sysops Responsibilities - Part 2 of 2 º
º ------------------------------------------------------------------- º
º By: Don Christopher Kassay º
Ç º
ÓÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄĽ
Since last month's article pertained to Software Piracy and the Law, this
month's article will focus mainly on Sysops and their responsibilities in
operating an Electronic Bulletin Board (BBS).
Introduction
============
Since the introduction of the first computer in the 1950's. We have been
striving to develop a symbiosis between ourselves and the enigmatic
computer. From its embryonic stage to present day, the computer has
presented us with numerous opportunities and ever-expanding ingenious
methods for doing things.
However, nowhere else has this technological marvel made greater impact in
our lives than in the area of communication. In times past, computer-based
communications were typically performed by experienced programmers or very
dedicated computer hobbyists who had both the knowledge and tenacity to
forge ahead. Today, microcomputers are in the hands of non-experts; ordinary
people, who do not possess the knowledge or understanding of the total scope
and potential represented by the very machine they use for business and fun.
Many of these people take great pleasure in communicating with others
through their computers, and they do so readily and frequently, often
completely unaware of the underlying legal consequences involved...
This is why it is SO important that the OWNER/OPERATORS (hereinafter
referred to as SYSOP(s)) of Electronic Bulletin Boards (hereinafter referred
to as BBS System) be very cautious and concerned in how they operate their
respective BBS Systems..
Most Sysops have very little knowledge regarding the LAWS governing
Electronic Communications; in this case BBS Systems. Most Sysops do not
realize that their BBS System, in its entity, is, indeed, an information
system and as a result, The Sysop(s) is also in the "Construction Business",
i.e. they build their framework and foundation from which his/her BBS System
operates. A Sysop must recognize that ALL components of his BBS System are
necessary and MUST perform as intended. A Sysop inspects the results, and
makes adjustments accordingly. The Control mechanism represents the entire
Legal, Social and Economic Environment under which the system performs.
In the following article, I hope to help Sysops understand what their ROLE
is in operating a BBS System. However many of the aspects are beyond the
scope of this document. As a result, we shall examine the 'Legal Aspects'
ONLY. The first of these involves a brief summary describing the methods by
which users access the 'Information Center'.
First, what is a Sysop; sometimes referred to as a System Operator..?
A Sysop is: 1. An information Broker;
2. A Data Center Manager, and
3. An Information Resource Manager
Well, I can hear it now..."I only started my BBS System for FUN"...Well it
does NOT work that way..When you started your "BBS System for FUN" you also
got the FCC involved (You are using telephone lines for communicating) and
there are state and federal laws that YOU MUST abide by..
As an Information Broker, the Sysop obtains information from a variety of
sources, stores it, and provides others access to it. He is responsible for
updating the information and for maintaining the hardware and software
needed for its storage and its access.
As a Data Center Manager, the Sysop provides assurances to users that the
information, along with the hardware and software used to store it and
maintain it, are reliable, safe and secure. One aspect that CANNOT be
ignored in his role as a Data Center Manager is that which necessitates his
providing for the integrity of not only the service itself, but of all who
access it. The Sysop provides a service, one that is expected to promote a
healthy, constructive, legal environment may derive information and
enjoyment.
As an information Resource Manager, the Sysop has the underlying commitment
to integrate his role of Information Broker with his role as Data Center
Manager. This responsibility deals with the BBS in its totalilty, i.e. an
information system that combines hardware, software, information, users, and
Sysop into an integrated whole..
Sysop Responsibility To The General Public
==========================================
When you started your BBS System, whether for FUN or PROFIT, and you
advertised your BBS System either by word-of-mouth or through one of the
numerous BBS Listings or Magazines, you were INVITING Patrons to call your
BBS System. In a LEGAL sense, this invitation to participate in your BBS
System may well be defined as an act by which the Sysop solicits or incites
others to make use of his BBS System for the purpose he intends. An
invitation may also include an inducement on the part of the Sysop to others
that provide them with a reasonable belief of a least three (3) legal
concepts;
1. The Attractive Nuisance Doctrine
2. The Nature of the Invitee (The person Invited)
3. Trespass
Briefly put, Attractive Nuisance Doctrine deals with the perception of the
BBS as being a source of danger or harm to CHILDREN. The Sysop, as an
inviter, is under a LEGAL DUTY to take appropriate precautions to prevent
injury or harm to the children who he knows can or will access his BBS
System, or the children who will be attracted to access his BBS System. A
Sysop SHOULD consider this doctrine if and when he invites others to visit
by expressing or implying the availablity of "PORNOGRAPHY" or "ADULT-ONLY
material available on his BBS System.
Nature of Invitee
=================
The LAW defines an invitee condition when the following conditions are met:
1. The visitor entered by invitation
2. The entry itself is connected with, in this instance, the BBS
System or connected with what the Sysop permits to be conducted
on his BBS; and,
3. Both the invitee and the Sysop derive a benefit, or, more
importantly, just the Sysop derives a benefit from the invitation.
Legal experts are in basic agreement that if and when the Sysop encourages
others to access his BBS System, particularly if it is intended to further
the Sysop's own purpose -- as both hobbyist - and business-type-systems tend
to do, that the Sysop has exercised reasonable care to make the place safe
and secure for all who visit..
Trespass
========
Trespass provides for some interesting implications. The courts have
generally interpreted trepass to be an "unlawful interference with one's
person, property, or rights." In view of a BBS System, trespass may be
regarded as any unlawful act that damages the system itself, the reputation
of the Sysop, or the reputation (or even the property i.e. computer system)
of the USER. The unlawful act may include actual or implied violence, such
that the result caused injury or harm to befall a person, a person's
property, or a person's relative rights.
Subscription
============
A second alternative involving access to a BBS System is the SUBSCRIPTION..
Many of the concepts involved in an invitation are also encountered in a
subscription access, with some important differences. A subscription is a
legal and binding contract.
The Restatement of the Law of Contracts, Section 1, states that, "A contract
is a promise or a set of promises for the breach of which the law gives
remedy, or the performance of which the law in some way recognizes a duty."
The contract may be an express contract, in which both the Sysop and User
demonstrate their mutual agreement through words, which may be either
written or spoken. In addition, the contract may be implied-in-fact, in
which both the Sysop and the User demonstrate their mutual agreement based
upon their conduct.
In many instances, the act of inviting users to subscribe, i.e., pay for, a
subscription to a BBS presents a clear intention on the part of the Sysop to
contract. This is referred to as an "Invitation to Trade". This special type
of invitation may be accepted in one of several ways. A common approach is
referred to as the "Deposited-Acceptance-Rule". Under this rule, an offer is
considered accepted the moment the user, for example, places his acceptance
into the same or better channel of communication as used by the Sysop to
place the offer. The offer is considered accepted as soon as the acceptance
leaves control of the user. This may include mailing of a check, or the
sending of a Feedback or E-mail message.
License
=======
A third, and final access alternative is the LICENSE. A LICENSE is defined
as the permission by a "Competent Authority" for someone else to do
something, which, without such permission, would be illegal, a trespass or a
tort.
This alternative is typical in many situations, though it may not be
recognized as such. However, it is particularly appropriate in a Network
configuration. Under the Network approach, a Sysop is granted "Permission"
to access another BBS System directly, for the purpose defined by the
"License-of-Access agreement". Such purposes typically include the exchange
and transfer of mail and messages. The "License-of Access Agreement" usually
contains a set of procedures or guidelines that define the boundaries and
policies of the Network, and, in a sense, governs the manner in which the
Network is operated and accessed in at least an administrative sense.
Violations of this agreement by a "Licensee" may serve cause for the
administrators of the Network (the Licensors) to seek various remedies.
However, at least one area that is a bit unclear in a "License Agreement"
for Network access is the issue of 'Liability', i.e. as pertains to the
effects of 'Malfeasance' (the doing of a wrongful or illegal act) on the
part of one Network NODE and the exposure of the other Network NODE(s). Some
questions that have been brought to my attention and the attention of other
attorneys are including Congress are:
1. Is the 'Liabiltiy' of one Node assumable by another Node?
2. Are there possible or potential class actions that the
Network and Nodes are exposed to?
3. How does an identity relationship define the extent to which
a Node may lose its unique identity and be classified as merely
a member of an overall networked system? For example, how does
the user perceive the Node's identity? Is it considered an
individual BBS? Is it merely one area of contact, whereby one
Node is merely an extension of the overall Network System? Or,
something in between? In this regard, the Sysop's view and the
User's view may not converge. In other words, is the Node truly
a Node? Or is it merely an individual BBS System that happens to
be temporarily "plugged into" a larger structure of configuration?
And, of course, what is used to define that structure and/or
configuration..
Mail and Messages
=================
At this time in our discussion of computer law, we will talk about a subject
that concerns most Sysops, and that is the 'responsibility of Sysops to
manage their 'Information Data Bases', i.e. Electronic mail and messages. We
shall examine this resource in a manner that is consistent with the Sysop
being an 'Information Resource Manager', and that views the BBS System as a
true information and communication medium.
Not only is 'Electronic communications growing faster than the traditional
media of "publication", but also this mode of delivery is bringing the
press, journals, and books into the electronic world.
One question raised by these changes is whether some social features are
inherent in the electronic character of the emerging media. Are
electromagnetic pulses simply an alternative conduit to delivery of whatever
is wanted, or are there aspects of electronic technology that make it
different from print -- more centralized or more decentralized, more banal
or more profound, more private or more government dependent?
The electronic transmission of the media occurs not in a vacuum, but in a
specific historical and legal context. Freedom for communication has been
one of our proudest traditions, but, just what is it that the courts will
protect, and how does it differ from how the courts will act when the media
through which ideas flow are computers? What images do policy makers
(Legislation) have of how computers work? How far are these images valid?
What will happen to these images when the facts change.
In each of the three parts of communications system -- print, common
carriers, and broadcasting, the law has rested on a perception of technology
that is sometimes accurate, often inaccurate, and which changes as slowly as
technology changes fast. Each new advance in the technology of
communications disturbs a status quo. It meets resistance from those whose
dominance it threatens. Initially, because it is new, the invention comes
into use in a rather clumsy form. Technical laymen, such as judges and
politicians, perceive the new technology in that early, clumsy form, which
then becomes their image of its nature, possibilities, and use. The
perception becomes an incubus on later understanding.
The courts and regulatory agencies in our system enter as aribters of the
conflicts among entrepreneurs, interest groups, and political organizations,
all battling for control of the new technology. These arbiters, applying the
familiar analogies from the past to their lay image of the new technology,
creates a partly old, partly new structure of 'Rights and Obligations'. The
legal system thus invented may in some instances be a 'tour de force' of
political creativity, but in other instances is much less worthy. In many
instances, the system thus created turns out to be inappropriate to the more
habile forms of the technology that gradually emerge as technology
progresses.
Yet, within this context, and within the boundaries applicable to our BBS
environment, two important legal issues are so ever present:
'Libel and Privacy'
=================
These two topics could be written as a separate article by themselves, but
they are important issues that are being discussed by law makers at this
time, so I am going to briefly discuss each one.
It is very difficult to keep this simple, because to understand 'Libel and
Privacy', you must know what they mean in legal terms in order to understand
how they you as a Sysop can be affected.
The legal definition of 'Libel' is: A tort consisting of a false and
malicious publication printed for the purpose of defaming one who is living
(spoken defamation is called 'Slander'). In tort law, only a living person
may be defamed: statutes in several states have made defamation of the dead
a crime but no civil liability has been implied. Prosser & Keetton. Torts
795 (5th edition 1984). "Libel" includes "any unprivileged, false and
malicious publication which by printing, writing, signs or pictures tends to
expose a person to public scorn, hatred, contempt or ridicule...and also
embraced therein is any such publication that relates to a person's office,
trade, business, or employment, if the publication imputes to him or her
some incapacity or lack of due qualifications to fill the position or some
positive past misconduct which will injuriously affect him or her in
it...252A. 2d 755, 722. (The truth of the published statement creates a
valid defense to an action for libel).
NOTE: The 'First Amendment' protects the press against certain 'Libel'
unless actual malice is shown. Public officials i.e governor, president,
judges, district attorney , and public figures i.e. entertainers, movie
stars, etc. MUST prove that the published information is 'False' and that
the defendant published it with reckless disregard for the truth. 376 U.S.
254 (public Officials). 388 U.S 130 (public figures)
In contrast, the common law presumed that published information was false
and forced the publisher to prove its truthfulness. The constitutional
limitation does NOT apply to defamation by a 'Newspaper of private persons,
where only some degree of fault on the part of the newspaper is required 418
U.S 323, 347
There is NO question that "Danger' of Libel Abuse exists, and that the BBS
arena provides a forum that may be used to proliferate the potential for
abuse. The New York Times rule arms the irresponsible as well as the
responsible 'journalist' with a weapon of awesome power. The privilege of
'publishing' is constantly being expanded. Fair comment is becoming easier
and easier to invoke. Malice is harder and harder to prove.
Undoubtedly, some people misuse their power. Untruths can lead to personal
injury; misstatements of facts do result in the adoption of unwise polices.
Good people are sometimes maligned and bad people do sometimes prevail.
Without question, writers, journalist, and Sysops who want to destroy a
person may have a good chance of doing so and getting away with it. But, the
trend toward freedom must be considered in proper legal context.
From its beginnings, the law of defamation has evolved by the balancing of
conflicting interests, the interest of the individual in the protection of
his or her reputation, the interest in the writer in communicating facts and
ideas to his or her readers, and the interest of the public in information.
However, we are not homefree just because we may decide to erect a defense
against libel. There is a growing trend in law that poses increasing
dangers; the concept of 'Privacy'.
Privacy
=======
The legal definition of 'Privacy' is "The 'General Right to be left Alone'.
389 U.S 347; "The Right to Live Life from Unwarranted Publicity". 127 So. 2d
715, 716.A. "To be inherent in the concept of ordered liberty, including
protection from governmental interference (in the areas of) intimate
personal relationships or activities, freedoms of the individual to make
fundamental choices involving himself, his family, and his relationship with
others". 540 S.W. 2d 668, 679. "The right is NOT absolute and so does not
apply to private conduct harmful to individual participants or to society".
533 F. Supp. 1121.
It must be noted here that the Federal Constitution DOES NOT explicitly
provide for this right, "zones of privacy may be created by specific
Constitutional guarantees and impose limits upon governmental power". 424
U.S. 693, 712. These 'Zones' have been implied from the general thrust of
the "Bill of Rights", 381 U.S 479, and specifically the 'First, Third,
Fourth, Fifth, and Ninth Amendments, which cover a broad spectrum of areas
from 'Abortion (subject to certain state regulations) 410 U.S 113, to
counsel married persons concerning birth control, 381 U.S. 479, to possess
or view 'Obscene' materials in the home, 413 U.S. 49, and to keep certain
types of information private, 440 U.S. 301, 318.
Invasion of ones privacy constitutes a tort for which remedies are
available. The four different types of torts are: (1) appropriation, or the
use of a person's name, picture, or likeness as a symbol for his or her
identity without compensation; (2) an intrusion upon a person's physical
solitude or seclusion; (3) the public disclosure of private facts; and (4)
placing a person in a false light in the public eye by associating this
person with beliefs or activities with which this person has NO connection.
Prosser & Keeton Torts 117 (5 ed. 1984).
Privacy of personal information is something that Sysops should be very
concerned with because it could be a significant factor in determining how
you change the operation of your BBS System. When it does, its effects will
be felt throughout the BBS community.
Because of the special nature of personal information, it may be looked upon
as having a new status. The most important attribute of this new class of
data is that it may no longer be fully under the Sysop(s) control.
Underlying most of the privacy legislation is the realization that the
individual has a proprietary interest in this information. You cannot
unilaterally decide what to do with it. Society, and the law, are there,
leaning over your shoulder, each and every time you access or use someone's
personal information.
Modern technology seems to be exhibiting all of the foibles that its
detractors had hoped for. The result: a somewhat skeptical public. Users may
have legitimate concern about the amount and quality of personal information
you maintain in your system, and what you are doing with it. What seems to
be more and more apparent is the reticence on the part of users to take part
in an arrangement where they feel that the information collection process is
infringing on their privacy. What happens if and when a user is dissatisfied
with the way you are treating their information? You need to get personally
involved, and unless you address the problem head on, you may end up
fighting it out in "Court".
A good point to remember is: "Every American Citizen has the 'Right' to
express his ideas, his opinions and his sentiments. The content of those
expressions is within the personal discretion and judgment of the
individual, though it is NOT free from control.
If the expressions are "Dangerous, Illegal, or offensive when they are made,
then the person is subject to the consequences and the penalties imposed.
Although the will of the individual to express himself is 'Free from
Restraint', it is the abuse of that 'Free' will which is the object of the
punishment.
Information is 'Power'. The leverage provided by information can be
demonstrated in many ways. Therefore, a simplistic rule is that the more
information you have about someone, the more power you have over them. Of
course, running contrary to this is the issue of privacy, often viewed as
diminishing one's power.
Adding this all up.! What it means is that more and more the individual is
being perceived as a passive source of information for the automated system.
With each new development or application put in place for the good of
individuals will also come an assault on their person freedoms. All of this
represents new challenges to our current concepts and controls of privacy.
Here is a simple story to emphasize the point. Back in September of 1985,
one of the major computer trade journals, 'Computer World', reported the
following:
In an effort to identify people who fail to file tax returns,
the Internal Revenue Service is matching its files against
available lists of names and addresses of U. S. Citizens who
have purchased computers for home use. The IRS continues to
seek out sources for such information. This information is matched
against the IRS master file of taxpayers to see if those who have
not filed can be identified.
Individuals who purchase computers for home use, tend to represent a segment
of the population that may be classified as middle - to upper-class. In
addition, the IRS wishes to 'monitor' the deductions taken by these people.
This plan raises a great deal of concern among privacy advocates who fear
that this method of information-gathering, while perfectly legal, may
dangerously increase IRS capabilities and put citizens in jeopardy of
government investigations solely because of unverified life-style data
suppled by third parties. As a Sysop, you maintain user files. Who is to say
that the IRS will not approach you and somehow obtain your user-file data?
What would you do? What may other, less scupulous Sysops do?
Outside Forces That Affect How We Operate Our Computers
========================================================
At this point, I feel I MUST discuss an 'Outside Force' that has a great
impact on how Sysops and computer owners operate their BBS System and
Computers. This outside force is something that most of us NEVER consider,
especially if we are operating our BBS System for FUN. The subject is TAXES
and how they may impact the nature of your BBS, particularly if you are also
a 'Shareware Author'.
Beginning in the 1985 Tax year, the government began to tighten the screws
on how we deduct the 'Use' of our computers. First, there were new tax laws
that limited the eligibility of home computer owners to take deductions for
their home systems, i.e. if a person operates a separate business from home,
even if it is just a sideline to his regular job, he can still deduct all or
part of the cost of the computer and supplies required to maintain and use
it. But, deductions cannot be taken by employees who buy computers to do
work they take home from the office, unless the computer is required by the
employer. Computers and their associated expenses are precluded from ANY tax
benefits for those people who operate their BBS as a HOBBY.
The laws also cracks down on mixed business and personal use of home
computers. If you fall into this category, you must keep a log of computing
time spent on different activities. Logs may be kept either manually or by
the computer. (I use a computer program for this purpose). However, you will
have to certify in writing, that you are keeping a computer 'Log'. If you
are audited, the IRS will request to examine your 'log'. If everything is
NOT in proper order, your deductions could be disallowed and penalties may
be imposed.
One additional item regarding taxes that deserves attention -- that of sales
taxes, particularly if you are a shareware author. When you sell your
software, you may have to collect sales taxes from the buyers. There have
been a lot of 'Legislation' on this subject the past couple of years
concerning both sales and use taxes. State laws still vary a bit on whether
to impose sales and use taxes on computer software and with many lawsuits
been filed over the past couple of years and many still pending, it appears
that 'Legislation' is leaning toward a more uniform treatment of the issue.
I am keeping a close watch on the outcome since I am very involved in ALL
aspects of computer law, and I strongly suggest if you are a 'Shareware
Author' you consult a competent attorney, or the appropriate state agency to
learn about the 'Rules and Regulations that exist and any 'Rules and
Regulations pending in your own state.
The Professional Sysop
======================
As stated previously, the ranks of the BBS System and the services it offers
are expanding rapidly. Since a Sysop is a provider of computer services and
products through his BBS System, he is perceived by many to be a computer
professional, or at least some sort of computer specialist. As such, the
Sysop needs to be familiar with the circumstances under which he could be
exposed to 'Legal Liability' and how he may limit that exposure.
For subscription Sysops and Shareware Authors, giving people their money
back when they are dissatisfied with your product or your service may be a
relatively minor concern. For all Sysops and authors, however, a much more
potentially serious problem is the possibility of being forced to compensate
a 'User' for losses or injuries.
There are four (4) important legal conditions under which you might be
considered liable for a 'Users' loss or injury.
1. Breach of warranty
2. Breach of contract
3. Ordinary negligence
4. Professional negligence (Malpractice)
What is breach of warranty? A warranty is a promise that a fact or
statement about a product will turn out to be true. Warranties are governed
by the Uniform Commercial Code, adopted in all states except Louisiana. The
UCC governed warranties apply only to the sale of goods, not to any
provisions of services. How does breach of warranty affect you as a Sysop?
If your are a shareware author, its implications are rather clear. However,
many of the BBSers carry a "For Sale" Sub or Forum, where all sorts of
products are offered to members of the public.
Should you, by an express or implied statement, condone, sponsor or certify
the validity of legitimacy of items posted in your 'For Sale Sub or Forum,
you may share the liability along with the actual seller for 'Breach of
Warranty'. Custom software may or may not fit under the UCC warranty,
depending on how closely the transaction resembles a sale of packaged
software and on the decisions of the courts of the particular state. There
are different types of warranties, and they can lead to some serious
liability issues.
Warranties are either expressed or implied. Express warranties are promises
made by the seller about the quality or characteristics of the product. For
example, if you give a prospective customer a demonstration in which the
program prepares a complete set of reports, or functions in a specific way,
there is an express warranty that the copy of the software purchased by the
customer will do the same.
For an implied warranty to be created, it is unnecessary for the seller to
make a promise. Under the UCC, every sale of goods creates an 'Implied
Warranty' of merchantability. This warranty requires that the product
performs as it would ordinarily be expected to perform. Another version of
the implied warranty is the warranty of fitness for a particular purpose.
This is created when a seller recommends a product as suitable for the
buyers needs.
When a warranty is breached, the buyer can take legal action against the
seller. Should consequential damages be involved, they can be 'Quite High'.
(Note: I will discuss disclaimers later, but it must be noted that in MOST
states, a 'Disclaimer', particularly regarding software, may be preclude,
i.e. may be disallowed regardless of their presentment).
The second legal condition, under which a Sysop might be considered liable
for any loss to a 'User', is the 'Breach of Contract'. When you are not
selling a product, UCC Warranties do NOT apply. This legal theory is more
applicable to subscription systems, but even 'Hobbyist Systems' may form the
basis of a contract given that the four elements of a contract are present
A. Offer of Acceptance
B. Consideration
C. Legal competency of the parties
D. Legality of purpose
If you are a Sysop, you should take care that your contracts 'do not'
contain vague promises that could be used against you in a dispute. You
should also provide a detailed description of what is expected from you and
your users. If you have any doubts, these doubts need to be communicated.
The third legal theory is ordinary negligence. Everyone needs to exercise
reasonable care in his or her work. Careless mistakes can be the basis of a
'Lawsuit'. As long as you are reasonably careful in your role as a Sysop,
chances are that mistakes or oversights will be forgiven.
Last, but not least, is the legal theory of professional negligence, i.e.
malpractice. If an injured party sues for professional negligence, the
courts 'Will Not' be so forgiving if you are found to be professionally
negligent.
Generally speaking, advice given and activities performed by certain
professionals regarding their field of specialty are subject to a high
standard of care. Up to now, for the most part, computer specialist as
professionals were not held to a professional standard of care because at
least two necessary elements in defining a professional for malpractice
purposes were missing:
1. The computer professionaal did not have a standardized,
well-defined body of knowledge that all members must know.
2. Examination and licensing procedures were not available.
Now however, these missing elements are beginning to appear as part of the
computer professional's stock-in-trade. For example, there are organizations
for shareware authors that claim to establish a standard of practice for
members; some computer professionals have become "certified". Colleges and
universities are establishing a more standardized curriculum for computer
studies. All of this may not necessarily lead to actual licensing of all
computer professionals, but it needs to be viewed as a step for creating a
professional for 'Legal' purposes.
Regardless, computer professionals do have a knowledge and skills that other
people do not have. Customers, clients, and users often know little about
computers, software, services and such. They tend to rely on the advice of
the computer specialist. Under such circumstances, the courts may begin to
impose 'Malpractice Liability' upon the computer professional. At the very
least, all Sysops should be prepared to held to a higher standard of care in
their efforts than the ordinary person. This view is suggested because it
appears that the courts will 'Expand' the conditions of liability in the
'Electronic Arena' in the very near future. I am personally monitoring the
actions of 'Legislation' at this time regarding this possible and now
probable expansion.
Quality Control
===============
The best way to avoid 'Legal Liability' is to make sure that nothing goes
wrong in the first place. If you claim to maintain the "Privacy of Private
Messages and User Data", you had better do just that. If you claim to
monitor all conferences for inappropriate or illegal communications (POSTS),
you may need to be able to demonstrate that is exactly what you do. If you
claim, either expressly or implied or by implication, that you test all
programs uploaded to your BBS System, you need to 'Make Sure' that you do
so. If you claim to verify the authenticity of all your users, then it is
something that you should do. You will not have to worry about 'Lawsuits' if
there are no problems with what you do or with what you promise or imply
that you do.
Promises
========
One important rule to follow is 'Do Not' make promises that you cannot or
will not keep. If you make a statement about results or conditions, it could
be interpreted as a contractual obligation, or if it involves a product, you
may be held bound by express or implied statements that you may not have
really intended to make.
Disclosure
==========
Disclose necessary information. There is little else that 'Angers' the
courts more than a situation where an informed person (Sysop) has taken
unfair advantage of an uninformed person (User). You may be held accountable
for not only malpractice but also for 'Fraud'.
Disclaimers
===========
Disclaimers on BBS Systems have been debated for many years by Sysops as to
their significant purposes. I am going to hopefully settle that dispute
right now.
The purpose of a "Disclaimer" on a BBS System is to post publicly "how you
will operate your BBS System, what you expect from your members and what
they can expect from you or your assignees (Co-Sysops)".
To be effective, disclaimers have to be 'Clear and Conspicuous'. If you put
your disclaimers at the end of the manual, or off in some corner of your BBS
System where it is 'NOT' easily available for your users to read, the courts
could consider them 'Invalid'. Disclaimers 'Cannot' be put just anywhere it
is convenient, and especially not as an 'Afterthought', or as a by-the-way.
When making a disclaimer, besides disclaiming warranties, make sure you also
disclaim responsibility for incidental or consequential damages.
Now it must be understood by all Sysops that by posting a "Disclaimer" it
'Does Not' necessarily relieve you of the responsibility of your actions or
damage(s) caused to persons, property or personal rights of your users.
Disclaimers do NOT relieve your or their assignee(s) of ALL responsibility .
Remember that even if ALL warranties are disclaimed, YOU may still be 'Sued'
for "Negligence or Malpractice".
In closing, I would like to say that it is us, the Sysop, that is going to
determine how WIDE the GATE is going to be opened in the future for
Electronic Bulletin Board Communication. There are a LOT of legal arguments
going on as I write this article that will determine whether the GATE is
going to be opened WIDER or if the GATE is going to CLOSE. Our ACTIONS are
going to determine in the next few years our own FATES. Stop and ask
yourself often, will my actions do -- 'Open the Gates, or close them..
In ending, I would like to say that writing an article such as this one and
the article on software Piracy and the Law (December issue of IceNET News
Magazine) has been a great experience for me. I have really enjoyed sharing
the Laws governing how we operate our computers both for 'Fun and Profit',
but these two articles are ONLY the 'Icing on the Cake'. Congress is
deciding everyday if new laws are needed to control the electronic media.
As time goes by, I will write other articles regarding computer law i.e.
Pornography on a BBS System and also try to keep you informed of "New Laws'
that are voted in by our 'Legislators' in Washington, DC.
Again, I would like to thank Jim Nunn for asking me to write this article
and the United States Justice Department for allowing me to access to their
law library...
ÖÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ·
º º
º How to be a Good Cosysop º
º 2. ------------------------ º
º by Louie (IceNET 6@1) º
º º
ÓÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄĽ
This article for the IceNET News is an attempt at an article on how to
be a good cosysop. These are tips and ideas and advice that I have picked up
over the years as a cosysop in BBSing.
Qualifications :
--------------
Before I go any further, your probably wondering what the heck my
qualifications for writing are article like this are. Well, right now I am a
cosysop on both of Jim's (1@1 IceNET) boards. I've been a cosysop on TGWN
(@1) for a while now. Recently Jim asked for help on his second board,
Paragon (@7654), as well. I was more than happy to lend him a hand there
too.
I am also a cosysop on several boards in the WNY Area. Mainly I confine
my roamings to The Keep of Ultimate Evil (@7) and Artificial-NON-
Intelligence (@7667) and the The Sanitarium (@5).
Sysop :
-----
Before you can go further here it will help to understand what a sysop
is first. A sysop is the person that owns the board, pays the bills, and has
the number one account.
The first two stipulations there are obvious, but the last some may
question. Why is the sysop the guy with the number 1 account? Because that
is the person that gets the feedbacks, complaints, and complements normally.
That is the person people think of as the sysop. It is that account that
normally deals with other sysops in the network. Heck, there are even rules
about sub requests normally having to come from a #1 account.
Yes, there may be some exceptions to this general rule, but exceptions
are not the general rule. That is why they are called exceptions.
Sysops and Cosysops :
-------------------
There are three difference classes of bbsers. Sysops, Cosysops and
Users. Every now and then you hear of the weird half beast called the
"Remote Sysop". I don't believe in their existence. There are sysops (#1
account) and cosysops. A Cosysop with a 255 is just a very trusted cosysop.
I don't see any reason for the fourth class of "Remotes".
Besides, to do any real major work on a board it is a great help to be
local to the bbs computer. Yes, you can do a lot from remote, but I can't
stand doing anything more than adding a sub or two that way. To do major
work, being local is almost a requirement. Case in point, recently Jim
wanted some major remodeling of Paragons message base section done. I could
have done the remodeling from remote but it would have taken a long time to
do. I was reluctant to do it because of the time it would have taken. So,
Jim then invited me over to his place so that I could do the work there.
What would have been a good 15 hour job from remote only took about 6 hours
from the local keyboard.
Another thing that bugs me are those cosysops that sign posts "Cosysop
of This-That Board". They really tick me off at times. The way I figure it,
if a user calls a board regularly they know who the cosysops there are. They
don't need to be reminded all time time.
Somebody signing all their posts as "Cosysop" normally is done for one
reason: intimidate those he is talking to. If people are talking about
abortion, or some other debate topic, and some cosysop signs a post "Cosysop
of this board", then you have intimidation. It might not be intended, but it
will will exist. Weather the cosysop in question knows they are doing it
does not matter. It is the affect that matters.
There are only two cases I can think of where I would sign a post as
"cosysop". 1) When dealing with a new user, 2) when dealing with other
sysops in the network. And both of these only occur in e-mail situations.
Now, I don't expect the sysops in the network to take my "cosysop" as
meaning anything either when I deal with them. Just sometimes, if they know
me a little, instead of going through Jim I can cut out the middle man and
get something done quicker by sending the mail myself I'll do it. Normally
who I am dealing with there knows a little about me already, such as
Midnight Tree Bandit (the Weirdo of WWIVlink fame).
There are several things that cosysops can do for the sysop of a board.
I am going to list some of the things I have done in the past. These are not
the only things that a cosysop can do, but they are the obvious ones that
are seen around in common existence. They are :
1. Sub-board Management.
2. Transfer Section Management.
3. On-Line Chains Management.
4. User Record Management.
5. The Resident Modder.
6. A little of everything.
Sub-board Management :
--------------------
This is the guy who keeps the subs of a board moving. He posts a lot.
Deletes "below-par" posts. Network Validates the net subs the board hosts.
Keeps track of who posts and who doesn't. Help people out in regards to the
sub-boards.
Posting a lot is very important for a cosysop of this type to do.
Leading by example is much easyer than just telling people what to do. If
some cosysop just posts "Why aren't you all posting here?" or "Post or Die"
messages, then people are going to think the cosysop is just plain weird.
I will admit, I've done both of those, but I try for messages like that
to be more humorous than anything else. I post a lot on the subs. If I post
something on the political sub I know that I can get others to respond
because they will disagree with me. Then, as long as I am staying on topic
others will also stay on topic because they are mainly responding to me.
The one problem I have found with this formula is "BBSing Burnout". I
can get so involved in debates at times that I don't want to call a board
I'm a co- on because I don't really want to post a message on some debate
topic at times. (I know, some of you reading this are thinking that
Post-Aholic Louie doesn't want to post sometimes. Wow! But then, I even
amaze myself at times).
When I then call, finally, I have so much work to do on the board that I
don't want to deal with much really. Just to much to do that then I don't
want to do it because there is so much to be done.
Deleting "Below Par" posts is very important as well. If users are
posting bad messages it can be worse than having users than don't post at
all. Keeping the message bases stocked with high quality posts is something
that is very important for a boards.
But what should be deleted? That can be a difficult question to answer
at times. The obvious things that have to be deleted are those messages that
are just vulgarity. Sometimes new users just log on a board and post a
message of everything vulgar they ever heard. Things like that should always
be deleted.
What is vulgar? I normally just regulate vulgarity to things without a
point. A list of sware words about the sysop. Now, there are adult subs on
some boards, and what might be vulgar to one person might not be to another.
Keeping those adult posts to the adult subs is something that should be
enforced though.
Also, keeping posts on topic is important as well. What might be "Below
par" on the political sub might be perfect for the General sub. Thats where
the cosysop just hits "M" and moves the post to the proper sub. Normally I
follow that up with an e-mail to the user that made the simple mistake and
explain what I did and why.
Now, network validation is something that also means dealing with "below
par" posts. Network validation means reading, and possibly posting on, the
subs hosted by the board your a cosysop on. On TGWN and Paragon
net-validation is turned on in Boardedit for all the subs Jim hosts.
I read the subs determine for each post weather it meets our standards
for the sub in question. I also have some special rules for network subs
that I enforce. The rules I use are something I recommend for all systems in
the network for boards that host a sub. They are :
1. Delete anything with profanity in it. There are people out there that
don't mind sware words, and there are people who do mind. If your hosting a
sub you want to appeal to the widest possible audience, normally, and that
probably means enforceing a no profanity rule.
2. Delete anything that is short and doesn't really say anything. "I'm
Pro-Choice/Life" as a whole post doesn't really say much. I delete those
regularly. What is wanted are longer, well thought out, posts that say
something. Another example is the "I agree" posts that are seen sometimes.
3. Quotes and Tag lines. This is something that I saw posted by the
master, Wayne Bell himself, once. He pointed out that if somebody quotes a
long post and only adds a few lines of commentary such as "Your wrong."
doesn't add much. Why post it. Say why the person is wrong is what would be
proper. Now, if a message has quotes in it from a previous message, add up
the quoted lines and if the added text exceeds the amount quoted, then let
it go through. It text from the poster is not equal to or greater than the
quoted text, delete it. The network costs money, and sysops don't need to be
paying for a message to be sent out twice.
Tag line length I also add it to the number of lines quoted. I don't see
tag lines as worth while to the post. If 14 lines are quoted and there is a
3 line tag line, that is at least 17 lines of text that should have been
added to it. If there are not at least 17 lines of added commentary, I
normally delete the post.
4. Things that should have been said in e-mail : Somebody who posts
something like "Hey, Wizard. Whats your phone number so I can call and talk
to you about this" should be deleted as well. Posts like that don't need to
be read by the 100 or systems that subscribe the IceNET national General
Sub. That is much easyer to ask in e-mail.
5. Lastly, flaming and warring should be deleted. This probably goes
without saying though.
Except for the last point, there may be exceptions to each of these
general rules about deleting network posts. But exceptions are just that,
exceptions. They are not the general rule.
Just in case your wondering why these rules are important... They are
important because of the costs of the network. IceNET is run by sysops that
pay phone bills for long distance calling. The LD bills cost more money the
longer they take and the more bytes in a net packet means more transmission
time. Thus, the sysops are then paying to have messages they (or there
users) don't really want to read sent to them.
On TGWN (@1) we host many subs. The IceNET National General Sub probably
has about 1200 messages go out on it a month. That is 1200 posts that met
the standards we use around here. There are probably 2000 total messages on
it, but I delete a large number of them. Imagine the network costs if I
didn't delete all the "I agree"/"Your Wrong" type of posts.
At the moment, I validate the following Subs hosted by TGWN on a regular
basis. The IceNET National General sub the busyest, by far... But the
Sports, Politics and Philosophy subs are big traffic net subs as well.
IceNET Nat. Gen. has about 90 subscribers, while those other three have
about 40 subscribers each. The music discussion sub, IBM Tech an gaming subs
are also high traffic for the number of subscribers that they have. (Did you
really think I wasn't going to plug the subs that I run???? :) hehehe)
Sub-Type Host Note Sub Name
-------- ---- ----- ------------------------------------------------
6 1 RTN Computer Wizards of the North (IBM Tech Talk)
7 1 RTN Illuminati (Poetry Sub)
8000 1 RTN Scarlett Letters
18006 1 RTN Jimi Hendrix's Talk Show (Music discussions)
28000 1 RTN Network Sports
38000 1 RTN Software Discussion/Gaming
48000 1 RTN Ice NET National General
58000 1 RTN Philosophy Sub
61000 1 RTN Political Thought and Remark
Keeping track of posters : There is something I like to do on boards I'm
a cosysop on. I will go through uedit every now and then and compile a list
of the top posters on the board. Usually the top 10 ( ala Lettermen). I then
post it. People like to receive recognition for their efforts. If some user
has posted 300 times on a board, they might like to be singled out for the
job well down. It also gives something for the new users to shoot for.
Helping Users : This is something that applys to all types of cosysops,
but maybe a little more with message bases than in other areas. Message
bases are what users read. They read, post and talk to people. If they have
a problem doing this, then help from the cosysop will be appreciated a
little more so than with other areas.
Transfer Section Management :
---------------------------
I'm going to be up front with you here. I have never really done the job
of a Transfer Section cosysop, except in emergency situations at times when
the board wouldn't have any available disk space for posting. I would then
wander in to the Transfers and delete some old file that was 500k large or
something so that people could post again.
The two best cosysops I know who do the transfer section management
particularly well are Perseus (9@7) and Trigger (Trigger@7654).
What this job entails, basically, is checking new uploads and keeping
files in the proper directorys (ie, Keeping games in the games section and
out of the business spreadsheets section).
Checking new uploads entails making sure things are newer software.
Making sure the lastest PD Stuff uploaded is the lastest version. Making
sure that there are no virii present by running the McAffee Stuff on the
uploads. Making sure they are in the proper Zip format, or whatever the
local standard of compression is, Zip, Arc, Arj, Pak, ect... Locally we all
use Zip, though we do have a few who love Arj around here.
It seems the accepted Standard we use on Paragon and TGWN are Zip
compression. We also have rules about keeping things virus free (da) and if
a virus is detected we try to inform everybody we can of the program in
question, who uploaded it, and weather it was intentional or not. We also
like to have it so that all the available software is less then 1 year old,
and that it is the lastest version of the PD program in question.
Jim is throughly anti-pirate software, and we do not tolerate pirate
files being uploaded to us.
Also keeping files in the proper transfer directory is important as
well. Keeping giffs in the giff directory. Keeping business software in the
business directory. This is important in order to give the users the best in
public domain downloads.
I think you could say that manageing the transfer section isn't
difficult but can be very time consumeing due to the cosysop in question
having to upload and download a lot.
We also like to think that Paragon is better at serving downloading
sysops due to its being a WWIV Source distribution site. Jim tells me that
right now there are about 50-55 sysops with verifyed accounts on Paragon for
that purpose. Paragons number is 716-837-1636. (The second plug for our
boards. :) hehehehe)
On-Line Chain Management :
------------------------
This means, the dude in charge of the games section mainly. Just On-Line
Chain Management sounds better. The cosysop in charge of the chains makes
sure that users are not just being game leeches. Makes sure that games are
secondary and not the only reason people are calling.
This means that the cosysop should go through the //LOG and //YLOG and
make sure people are posting if they are playing games. He might also run
the On-line Games sub, if there be such a sub on the system. Where people
could talk Tradewars, Globule Wars, Space Dynasty, ect...
Best best and most popular game is Tradewars. A cosysop in charge of
running the games may be running a Tradewars Tournament. Personally, I think
tournament are nuts. I think the ideal tradewars game is in competeing
against other users, and not having to fight a cosysop with Tedit as well. I
think the game is already close to perfect and doesn't need help to make it
better.
I think making sure people are posting as well as playing games is more
important than running Tournaments. Games should be secondary to posting.
User Record Management :
----------------------
This means a variety of things. Making sure that users are posting.
Making sure that new users are real people and not somebody looking to have
a second account with which to play Tradewars or leech more files. Deleteing
users that have not called in a long while.
The main thing of this job is voice validating users. Calling them and
telling them your calling from the BBS and saying your just making sure they
are real people. It might help to ask them a question about their account as
well. Asking their age might catch some 14 year old kid off guard who
claimed he was 23 so that he could have access to adult subs. You don't want
minors on subs like that. Legal problems as well as moral problems with
minors and adult material.
It can also entail giving out SL Raises. If a user is calling the board
and doing a good job posting, uploading, and not being a big game leech,
then after a certain length of time of doing well for the board they deserve
a reward of having more time on the board with which to be better. Usually I
would go through once a month, and if a user had continued to post a lot I
would give them a 10 point SL raise. The limit would be an 80 SL though.
Those with the high SL might even be considered for being made a cosysop in
the future if another might be needed.
Deleteing old users that have not called in a while is a good idea as
well. You don't want user records taking up space on the hard drive. And
more users in the files the slower than WWIV runs. Besides, you normally get
several users that call once and then never call back. No real sense in
keeping those persons around. They are not contributing to the board.
The Resident Modder :
-------------------
Heavily modded boards usually have a sysop who mods his own board a lot.
Some boards, though, have sysops who can't program really. So since they
want a modded board, they would ask a bbser who they know to be a good C
programmer to mod their board for them.
These are the type of people who know how to program in C, and are the
local Techie experts normally.
What makes for a good mod? Well, a good mod is something that has a
function on the board. That simplifys sometime, or adds something that
should be in WWIV normally. They also help to make a board have a slightly
different look and feel from other wwiv boards. Now, don't get me wrong... I
see very little wrong with stock WWIV. There are some minor things I might
add here and there though. These are the reasons for mods.
The worst mod out there has got to be the Random title Mod. Serves no
purpose in my opinion. Humorous the first few times you see it, but after
seeing 100,000 random title the affect wears off. A good mod would be the
mods that allow you to know what sub your reading while reading posts. A
good mod might be the Sysop Avialiable for chat status that you see
sometimes. A Mod should have a purpose. It shouldn't just be in for the sake
of having another mod.
A Little of Everything :
----------------------
This what what, I think, most cosysops really do. This combines
everything from above, plus a little more. He talks with his sysop a lot
about board related things. The read and post on the subs, look at the logs
and wander through Uedit and make sure that the users are all who they
claim to be. Maybe play games. Basically, super users that help the sysop
of the board out.
There are several things a good WWIV cosysop should do every call and
pay attention to. They should 8almost always look at the sysops logs :
//LOG, //YLOG,; the activity //ZLOG; the network info //NLOG and //PENDING;
and look at the boards daily //STATUS. These are important commands that can
show you whats going on. You can then investigate things that look out of
place with regards to all the Cosysop jobs that I described.
Some other things that can be looked at and done are to make Voting
questions with //IVOTES. Find out what people are thinking and look at what
democracy with the users might bring you. Just make sure that you don't give
them weird answers to give if you what serious feedback with the voting
section.
Manageing the general files section can be another minor thing to do.
Locally, in 716, we have a BBS publication called the WNY BBS Quarterly and
we like to have it in gfile sections on BBSes so that users around the area
can read it. So, I put it in the gfiles all the time when a new update of it
comes out. I also keep the BBS List on the boards straight. No use having
dead boards listed in the BBS List. So, every now and then, I edit the BBS
list and keep it updated. I take 8out old dead BBSes and add in the newer
boards that have gone up. This helps to keep people from asking every now
and then why they can't get through to some board that went down a year
ago...but that is still in bbs lists on boards around the area. At least
with the lists on TGWN and Paragon.
This has been a long article and I'm getting tired now. A lot of this is
philosophical thinkings on what a cosysop should do. How to do it is another
all together. Different people have different ideas on how to get things
done. No one way is better than other ways. If what your doing works, don't
change it. I think a lot of new sysops and cosysops could use this advise
constructively. None of it is gospel and please don't take this all to mean
that I am preaching the word of the Holy Modem in the Sky or anything.
If you wish to reach me I can be reached at the following node
addresses :
6 @1 - IceNET
6 @7655 - WWIVnet
6 @17662 - WWIVlink
9 @7679 - DragonNET
3. Mod of the Month
ÚÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ¿
³Name: WFCSCRN.MOD ³
³Author: Odin #1@7664 (IceNET) - C stuff (My first 4.22 mod!) ³
³ Jim #1@1 (IceNET) - Ansi ³
³Version: 4.22 ³
³Files Affected: BBS.C ³
³ XINIT.C ³
³ VARS.H ³
³ ³
³Difficulty: Easy ²²°°°°° Hard ³
³Description: Are you tired of the blinking cursor at the top of your ³
³ WFC (waiting for call) screen. Well here is a nice ³
³ record of your BBS while your board is inactive. ³
ÀÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ
This is mod will allow a sysop to see the status of her board while the
board is waiting for a caller. The information includes: time, date, disk
space available, mail waiting, user activity, and other information. You
may think,"Why would I want something that could "burn" onto my screen?"
Well, don't fret. It has a built in screen saver. The "box" moves around
the screen and changes color as it moves, so that it never is "locked" in
one place for to long. Also, if you wish to not see the "box", then
pressing the "=" will turn the screen off and you will return to the
blinking cursor at the top of the screen. Pressing the "=" will also return
the "box" to the screen.
STEP 1: BACK UP YOUR SOURCES
------
STEP 2: Load in BBS.C and locate "void getcaller"
------
Before this line, block copy the following void into BBS.C:
void wfc_window(int NoScreen)
{
int am, i, wx, wy, width, len, tmp, clr1, clr2, Imove;
char otstr[30];
double d;
long hr, min,l;
float ftmp;
if(!NoScreen) {
run_external1_x("ICE");
d=timer();
ftmp=d/3600.0;
hr=(int) ftmp;
ftmp=60.0*(ftmp-(float) hr);
min=(int) ftmp;
am=1;
Imove=rand() % 3;
if(hr>11){
am=0;
hr=hr-12;
}
if(hr==0)
hr=12;
wx=12;
wy=6;
if(Imove<2) { /*MOVE*/
wx=rand() % 24; /*MOVE*/
wy=rand() % 11; /*MOVE*/
} /*MOVE*/
width=55;
len=10;
randomize();
clr1=rand() % 10;
clr2=rand() % 10;
if(clr1==6) clr1=5; /*Changes red to green */ /*SELECT COLOR*/
ansic(clr1);
makewindow(wx,wy+2,width,len);
ansic(clr2);
makewindow(wx,wy,width,3);
tmp=(width-strlen(syscfg.systemname))/2;
movecsr(wx+tmp,wy+1);
sprintf(otstr,"%s",syscfg.systemname); outs(otstr);
movecsr(wx+width-8,wy+1);
sprintf(otstr,"%2ld:%-2.2ld",hr,min); outs(otstr);
movecsr(wx+width-3,wy+1);
if(am) {
sprintf(otstr,"am");
}
else sprintf(otstr,"pm");
outs(otstr);
movecsr(wx+1,wy+1);
sprintf(otstr,"%s",status.date1); outs(otstr);
ansic(clr1);
movecsr(wx+1,wy+4);
sprintf(otstr,"Calls today : %4u",status.callstoday);
outs(otstr);
movecsr(wx+1,wy+5);
sprintf(otstr,"Actvity : %5.2f%%"
,((float) status.activetoday)/14.4);
outs(otstr);
movecsr(wx+1,wy+6);
sprintf(otstr,"Mail Waiting: %4u",fwaiting); outs(otstr);
movecsr(wx+1,wy+7);
sprintf(otstr,"Uploads : %4u",status.uptoday);
outs(otstr);
movecsr(wx+1,wy+8);
sprintf(otstr,"Posts Today : %4u",status.msgposttoday);
outs(otstr);
movecsr(wx+1,wy+9);
sprintf(otstr,"Total Users : %4u",status.users);
outs(otstr);
movecsr(wx+1,wy+10);
sprintf(otstr,"Total Calls : %5ld",status.callernum1);
outs(otstr);
movecsr(wx+30,wy+5);
sprintf(otstr,"Minutes : %4u",status.activetoday);
outs(otstr);
movecsr(wx+30,wy+6);
sprintf(otstr,"Max Users : %4u",syscfg.maxusers);
outs(otstr);
movecsr(wx+30,wy+7);
sprintf(otstr,"Com Port : %2u",syscfg.primaryport);
outs(otstr);
movecsr(wx+30,wy+8);
sprintf(otstr,"NETxx Ver : %4u",status.net_version);
outs(otstr);
movecsr(wx+30,wy+9);
sprintf(otstr,"WWIV Ver : %4u",status.wwiv_version);
outs(otstr);
movecsr(wx+30,wy+10);
sprintf(otstr,"WWIV Reg. # : %5ld",syscfg.wwiv_reg_number);
outs(otstr);
movecsr(wx+30,wy+4);
i=3;
l=(long) freek(3);
while ((l>0) && ((i+'@')<=cdir[0])) {
npr("%c: ",i+'@');
sprintf(otstr,"FreeSpace: %8ldk",l);
outs(otstr);
i++;
if ((i+'@')<=cdir[0])
l=(long) freek(i);
}
ansic(0);
movecsr(0,22);
}
}
STEP 3: All the following changes/additions occur in void getcaller
------
ÚÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ¿
³ Legend ³
³! - this line changed ³
³+ - add this line ³
³= - this there before ³
ÀÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÙ
-In the declaration section, make the following changes:
! int i,i1,i2,i3,any,wfc_on;
! double d,d1,tstamp,tmp;
-Search for "srand((unsigned int)d);". Then change accordingly.
= srand((unsigned int)d);
+ wfc_window(NoScreen);
+ tstamp=timer(); wfc_on=1;
= do {
-Search for "attempt_callout();". Then change accordingly.
= if ((!any) && ((rand() % 8000)==0) && (net_sysnum) &&
= (ok_modem_stuff)) {
= attempt_callout();
+ wfc_on=0;
= any=1;
-In the switch section, add these lines
+ case '=':
+ if (NoScreen) NoScreen=0;
+ else NoScreen=1;
+ break;
-Search for "if ((comhit())". Change accordingly.
= }
= okskey=0;
+ wfc_on=0;
= }
= if ((comhit()) && (ok_modem_stuff) && (!lokb)) {
any=1;
-Search for "giveup". Change accordingly.
= giveup_timeslice();
= }
+ tmp=timer()-tstamp;
+ if((!wfc_on) || (60<=tmp) || (0>tmp)) {
+ tstamp=timer();
+ wfc_on=1;
+ wfc_window(NoScreen); }
= } while ((!incom) && (!lokb) && (!endday));
-In XINIT.C, search for "chat_file=0;"
= chat_file=0;
+ NoScreen=0; /* 1 if you wish to default to off */
= sysop_alert=0;
-In SHRINK.C search for "READ(sysop_alert);" this is in
int restore_data
= READ(sysop_alert);
= READ(do_event);
+ READ(NoScreen); /* WFC_SCRN.MOD */
= if (stat) {
= READ(andwith);
= READ(usernum);
-In SHRINK.C search for
= WRITE(sysop_alert);
= WRITE(do_event);
+ WRITE(NoScreen); /* WFC_SCRN.MOD */
= WRITE(andwith);
= WRITE(usernum);
-And last but not least, in VARS.H search for "no_hangup" and put
", NoScreen" after it
It should something lik this:
noklevel, no_hangup, NoScreen, numbatch, numbatchdl, numchain,
STEP 4: Re-compile using TCC or BCC.
-------
STEP 5: Place ICE.COM into your main BBS directory. A copy is at the
------- end of this mod. (To extract ICE.COM, simplify type UUDECODE
<filename> where <filename> is this entire file.
STEP 6: Copy BBS.EXE, RETURN.EXE, and INIT.EXE into your main BBS directory.
------
That's it.
DISCLAIMER: Well, if your hard drive crashes, your BBS decides to nuke all
---------- the accounts, your sister runs away with the milkman, or you
just screwed up, DON'T BLAME ME. This method worked great for
me.
The following is ICE.COM uuencoded. Use UUDECODE to return it to its
original state and place it into your main BBS directory.
section 1 of uuencode 5.13 of file ice.com by R.E.M.
begin 644 ice.com
M_+T@`8MN`(NF`@"+G@0`M$K-(:$L`(F&&@"+G@``_^,P`8H41@K2=`:T`LTA
MZ_/#P`D6#`(!&`P9#1H.&P^?Z%)0Z)'H4!ZX1-=0N``"```;6S0P;1M;,DH;
M6S([,4@;6S,[,4@;6S0[,4@;6S4[,4@;6S8[,4@;6S<[,4@;6SE#&ULP.S%M
ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL;$;6S@[,4@;6SE#L;&QL;&QL;&QL;&QL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;$;
M6S,V;;&Q&ULY.S%(&ULY0QM;,S=ML;&QL;$;6S`[,S5ML;&QL;&QL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL;$;6W,*#0`;6W6QL;&QL;&QL;&QL;&QL;&QL;&Q
ML;&QL;&QL1M;,3LS-VVQL1M;,S9ML;$;6S$P.S%(&ULY0QM;,S=ML;&QL;$;
M6S`[,S5ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL1M;,3LS-VVQL1M;,S9ML;$;6S$Q.S%(&ULY0QM;
M,S=ML;&QL;$;6S`[,S5ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL1M;,3LS-VVQL1M;,S9ML;$;6S$R
M.S%(&UMS"@T`&UMU&ULY0QM;,S=ML;&QL;$;6S`[,S5ML;&QL;&QL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL1M;
M,3LS-VVQL1M;,S9ML;$;6S$S.S%(&ULY0QM;,S=ML;&QL;$;6S`[,S5ML;&Q
ML1M;,3LS-VW?W]_?W]\;6S`[,S5ML;&Q&ULQ.S,W;=_?W]_?&ULP.S,U;;&Q
M&ULQ.S,W;=_?W]_?W]\;6S`[,S5ML1M;,3LS-VW?W]\;6S`[,S5ML;&Q&ULQ
M.S,W;=_?&ULP.S,U;;$;6S$[,S=MW]_?W]_?WQM;,#LS-6VQ&UMS"@T`&UMU
M&ULQ.S,W;=_?W]_?W]_?&ULP.S,U;;&Q&ULQ.S,W;;&Q&ULS-FVQL1M;,30[
M,4@;6SE#&ULS-VVQL;&QL1M;,#LS-6VQL;&QL1M;,3LS-VW?WQM;,#LS-6VQ
ML;&Q&ULQ.S,W;=_?&ULP.S,U;;&QL1M;,3LS-VW?WQM;,#LS-6VQ&ULQ.S,W
M;=_?&ULP.S,U;;&QL;&QL1M;,3LS-VW?W]_?&ULP.S,U;;&Q&ULQ.S,W;=_?
M&ULP.S,U;;$;6S$[,S=MW]\;6S`[,S5ML;&QL;&QL;&Q&ULQ.S,W;=_?&ULP
M.S,U;;&QL;&QL1M;,3LS-VVQL1M;,S9M&UMS"@T`&UMUL;$;6S$U.S%(&ULY
M0QM;,S=ML;&QL;$;6S`[,S5ML;&QL1M;,3LS-VW?WQM;,#LS-6VQL;$;6S$[
M,S=MW]_?&ULP.S,U;;&QL;&QL1M;,3LS-VW?W]_?WQM;,#LS-6VQL;$;6S$[
M,S=MW]\;6S`[,S5ML1M;,3LS-VW?WQM;,#LS-6VQ&ULQ.S,W;=_?&ULP.S,U
M;;$;6S$[,S=MW]_?W]\;6S`[,S5ML;&QL;&Q&ULQ.S,W;=_?&ULP.S,U;;&Q
ML;&QL;$;6S$[,S=ML;$;6S,V;;&Q&ULQ-CLQ2!M;.4,;6S,W;;&QL;&Q&ULP
M.S,U;;&QL1M;<PH-`!M;=1M;,3LS-VW?WQM;,#LS-6VQL;&Q&ULQ.S,W;=_?
M&ULP.S,U;;&QL1M;,3LS-VW?WQM;,#LS-6VQ&ULQ.S,W;=_?&ULP.S,U;;&Q
ML;&QL1M;,3LS-VW?WQM;,#LS-6VQL1M;,3LS-VW?W]_?&ULP.S,U;;$;6S$[
M,S=MW]\;6S`[,S5ML;&QL;&QL;&Q&ULQ.S,W;=_?&ULP.S,U;;&QL;&QL;&Q
M&ULQ.S,W;;&Q&ULS-FVQL1M;,3<[,4@;6SE#&ULS-VVQL;&QL=_?W]_?WQM;
M,#LS-6VQL;$;6S$[,S=MW]_?W]\;6S`[,S5ML;$;6S$[,S=MW]_?WQM;<PH-
M`!M;==_?WQM;,#LS-6VQ&ULQ.S,W;=_?&ULP.S,U;;&QL1M;,3LS-VW?W]\;
M6S`[,S5ML1M;,3LS-VW?W]_?W]_?&ULP.S,U;;&QL;$;6S$[,S=MW]\;6S`[
M,S5ML;&QL;&QL;&Q&ULQ.S,W;;&Q&ULS-FVQL1M;,3@[,4@;6SE#&ULS-VVQ
ML;&QL1M;,#LS-6VQL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL;&QL;&Q&ULQ.S,W;;&Q&ULS-FVQL1M;,3D[,4@;
M6SE#&ULS-VVQL;&QL1M;,#LS-6VQL;&QL;&QL1M;<PH-`!M;=;&QL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q&ULQ.S,W
M;;&Q&ULS-FVQL1M;,C`[,4@;6SE#&ULS-VVQL;&QL1M;,#LS-6VQL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q
ML;&Q&ULQ.S,W;;&Q&ULS-FVQL1M;,C$[,4@;6SE#&ULS-VVQL;&QL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q
ML;&QL;&QL1M;,S9ML;$*#0`;6S(R.S%(&ULQ,4.QL;&QL;&QL;&QL;&QL;&Q
ML;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&QL;&Q
ML1M;,C,[,4@;6S(T.S%(&ULR-3LQ2!M;,&T;6S(U-40*#0"-MB``N"(!_]"-
MMB(!N"(!_]"-MB("N"(!_]"-MB0#N"(!_]"-MB8$N"(!_]"-MB,%N"(!_]"-
?MB4&N"(!_]"-MB<'N"(!_]"-MB0(N"(!_]"X`$S-(4S-
`
end
sum -r/size 21868/3232 section (from "begin" to "end")
sum -r/size 28227/2326 entire input file
DEDICATION:
----------
A special thanks to Jim #1@1 (IceNET) for the ANSI background and for the
continual ideas and support. What started as a little mod for me turned
into a very nice functional mod that none of your users will appreciate, but
I think you will. If you have any questions, feel free to write me and I
will get back to you. It has been fun.....
Odin #1 IceNET@7664
ÖÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ·
º º
º 4. Rusty n Edie's Busted for Software Piracy! º
º From Master Mechanic (1 @6461) º
º º
ÓÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄĽ
FBI raids major Ohio computer bulletin board; action follows joint
investigation with SPA
The Federation Bureau of Investigation on Saturday, Jan. 30, 1993, raided
"Rusty & Edie's," a computer bulletin board located in Boardman, Ohio, which
has allegedly been illegally distributing copyrighted software programs.
Seized in the raid on the Rusty & Edie's bulletin board were computers, hard
disk drives and telecommunications equipment, as well as financial and
subscriber records. For the past several months, the Software Publishers
Association ("SPA") has been working with the FBI in investigating the Rusty
& Edie's bulletin board, and as part of that investigation has downloaded
numerous copyrighted business and entertainment programs from the board.
The SPA investigation was initiated following the receipt of complaints from
a number of SPA members that their software was being illegally distributed
on the Rusty & Edie's BBS. The Rusty & Edie's bulletin board was one of the
largest private bulletin boards in the country. It had 124 nodes available
to callers and over 14,000 subscribers throughout the United States and
several foreign countries. To date, the board has logged in excess of 3.4
million phone calls, with new calls coming in at the rate of over 4,000 per
day. It was established in 1987 and had expanded to include over 19
gigabytes of storage housing over 100,000 files available to subscribers for
downloading. It had paid subscribers throughout the United States and
several foreign countries, including Canada, Luxembourg, France, Germany,
Finland, the Netherlands, Spain, Sweden and the United Kingdom.
A computer bulletin board allows personal computer users to access a host
computer by a modem-equipped telephone to exchange information, including
messages, files, and computer programs. The systems operator (Sysop) is
generally responsible for the operation of the bulletin board and determines
who is allowed to access the bulletin board and under what conditions. For a
fee of $89.00 per year, subscribers to the Rusty & Edie's bulletin board
were given access to the board's contents including many popular copyrighted
business and entertainment packages. Subscribers could "download" or receive
these files for use on their own computers without having to pay the
copyrighted owner anything for them.
"The SPA applauds the FBI's action today," said Ilene Rosenthal, general
counsel for the SPA. "This shows that the FBI recognizes the harm that
theft of intellectual property causes to one of the U.S.'s most vibrant
industries. It clearly demonstrates a trend that the government understands
the seriousness of software piracy." The SPA is actively working with the
FBI in the investigation of computer bulletin boards, and similar raids on
other boards are expected shortly. Whether it's copied from a program
purchased at a neighborhood computer store or downloaded from a bulletin
board thousands of miles away, pirated software adds to the cost of
computing. According to the SPA, in 1991, the software industry lost $1.2
billion in the U.S. alone. Losses internationally are several billion
dollars more.
"Many people may not realize that software pirates cause prices to be
higher, in part, to make up for publisher losses from piracy," says Ken
Wasch, executive director of the SPA. In addition, they ruin the reputation
of the hundreds of legitimate bulletin boards that serve an important
function for computer users." The Software Publishers Association is the
principal trade association of the personal computer software industry. It's
over 1,000 members represent the leading publishers in the business,
consumer and education software markets. The SPA has offices in Washington
DC, and Paris, France.
CONTACT: Software Publishers Association, Washington
Ilene Rosenthal, 202/452-1600 Ext. 318
Terri Childs, 202/452-1600 Ext. 320
ÃÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ´
³ IceNEWS is an independent newsletter published from time to time as a ³
³ service to IceNET, it's Sysops and it's users. The opinions & reviews ³
³ expressed herein are the expressed views of the respective writers. ³
³ All Rights Reserved. ³
ÃÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ´
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