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SYNDICATE ZMAGAZINE
August 31, 1988
Issue #121
Publisher
Ron Kovacs
Managing Editor
R.F. Mariano
ZMag Editor
John Deegan
American Publishing Enterprises, Inc.
Post Office Box 74
Middlesex, New Jersey 08846-0074
CONTENTS
Title Author/Service Page
=========================================================================
Deegans Desk John Deegan 3
ZMag Shorts Compilation 4
CompuServe Editor Commands CompuServe 10
Commentary/Reply GEnie 13
Copyrights Part 2 Jordon Breslow 16
Survey #2 Update John Deegan 25
-Page 2-
Deegans Desk
by John Deegan (Editor)
This week I will spare you personal commentary and let you know that we
are researching interesting topics for future releases.
Next week, we will reprint a few hard hitting commentary columns from ST-
Report Magazine, our sister publication. If you cant wait, check out
Issue #50 of ST-Report!
This edition has been released in four formats. Atascii, Ascii, Arc and
printer formatted. The last meaning that the issue can be printed via DOS
on the 8BIT or through GEM on the ST. This issue is designated as
filename ZP121.ARC or ZP121.TXT. Look for it on The Launch Pad BBS and
CompuServe. This is a test release and is not presently considered for
release. Please leave feedback on this special release.
Congrats to Larry Mihalik and wife. At the time of this writing, Ron
Kovacs has notified me that Mrs. M is close to delivering child number 3.
When we receive the details we will happily pass them along. Best of luck
on the event should it not have already occured!
Enjoy the last week of vacation!
This is the special release of ZMAG121. Please send your comments to us
at the following address or through Email on any of the services or BBS
system you read/capture ZMagazine from.
American Publishing
PO Box 74
Middlesex, New Jersey 08846-0074
-Page 3-
ZMAG SHORTS
Compiled by the staff:
ANALOG UPDATE
Issue #63 Analog Errata. Train Type in Program, Missing lines.
Please note that ATASCI characters appeared here. Due to ascii conversion
those characters DO NOT appear here. Please refer to Issue #63 of Analog
Magazine or download this file from CompuServe Atari Vendors SIG via
XMOdem.
4007 FOR T=2 TO 17:V=V+128:FOR O=0 TO 8:NEXT O:SOUND 1,V,8,6:POSITION
T,1:? #6;- OVer-:NEXT T:POSITION 17,1
4008 ? #6;- -:POSITION 14,0:? #6;-OVer-
4010 POKE 559,42:POSITION 7,0:? #6;-GAme OVer -:? #6;--:SOUND 1,0,0,0
4030 ? #6;- scORe -;SC+215:? #6;--
4040 ? #6;- PreSS sTArt-:? #6;--
4045 ? #6;- fOR a New GamE-:? #6;--:POKE 559,42:GOSUB 4050
4047 FOR YY=1 TO 15:POSITION 6,4:? #6;- -:FOR T=1 TO 30:IF
PEEK(53279)=6 THEN RUN
4048 NEXT T:POSITION 6,4:? #6;-PreSS sTArt-:FOR T=1 TO 30:IF PEEK
(53279)=6 THEN RUN
4049 NEXT T:NEXT YY:RUN
4050 IF SC>15000 THEN POSITION 4,8:? #6;-EXCELLENT SCORE-:RETURN
4051 IF SC>10000 THEN POSITION 6,8:? #6;-GREAT SCORE-:RETURN
4052 IF SC>4000 THEN POSITION 7,8:? #6;-good score-:RETURN
4053 IF SC<4000 THEN POSITION 7,8:? #6;-try again-:RETURN
5000 PM$(P1+Y,P1+Y+19)=P$(I,I+19)001 I=58:X=X-2.4:S=STICK(0)
5002 IF PEEK(53253)>0 THEN 10000
5003 IF S=14 OR S=13 THEN 422
5004 IF STRIG(0)=0 THEN X=X+1:GOTO 455
5010 POKE 53249,X:IF X<53 THEN GOTO 3000
5030 GOTO 5000
9000 IF PEEK(53253)=2 THEN SC=SC+200:GOTO 9002
9001 GOTO 620
9002 RESTORE 9004+LP:READ O:POKE DM+256*1+O,0:SOUND 1,50,10,8:IF LP=4 THEN
CX=-8:BA=6
9003 IF LP=5 THEN CX=-8:BA=6004 DATA 20
9005 DATA 58
9006 DATA 97
9007 DATA 133
9008 DATA 168
9009 DATA 206
9010 POSITION CX+LP+LP,BA:? -Z-
9011 I=3:V=120:ZX=ZX+3:POSITION 30-TT+ZX,2:? -rrr-:O=0:FOR Z=Y TO 37 STEP
2:V=V+10:SOUND 1,V,10,5
9020 PM$(P1+Z,P1+Z+19)=P$(I,I+19):NEXT Z:I=58
9025 PM$(P1+34,P1+53)=P$(I,I+19):Y=34:GOTO 421
10000 IF PEEK(53253)=8 AND LP=5 THEN 900
10001 IF PEEK(53253)>0 THEN 9000
20000 Q=Q+37:POKE DM+256*3+Q+2,0:POKE DM+256*3+Q+1,0:LP=LP+1:O=0:GOTO 421
30000 RUN
-Page 4-
COMPUSERVE UPDATE
PRIME/DAYTIME HOURS EXTENDED
Ctsy CompuServe
Effective Sunday, Oct. 2, CompuServe's prime/daytime will be defined as
8 a.m. to 7 p.m. CompuServe's basic connect-time rates, which are the
same as prime/standard and standard/evening rates, are unchanged.
The one-hour lengthening of prime/daytime to 7 p.m. is to allow
CompuServe's definition of daytime access to be consistent with that of
its supplemental communications networks.
The CompuServe network surcharge will continue as one rate for all time
periods. For more information about CompuServe Information Service rates
and network surcharges, type GO RATES at any prompt.
Due to increased network costs, CompuServe will adjust network surcharges
effective Tuesday, Sept. 6. The CompuServe network surcharge will change
from 25 cents to 30 cents per hour. CompuServe basic connect-time rates
will remain the same.
Members accessing CompuServe from overseas through Computer Sciences
Corporation Infonet will incur a $50 per hour surcharge at all times.
The TYMNET and Telenet prime/daytime surcharge will increase from $10 to
$12 per hour, though the standard/evening access surcharge will remain
the same. Members now using TYMNET or Telenet are encouraged to check the
online phones list (GO PHONES) for a CompuServe network number in their
area.
INNOVATIVE CONCEPTS SALE
For a limited time only, we at Innovative Concepts are having a SALE, on
the following products:
[For The Atari 8 Bit]
* Atari 130XE Computer --- $100.00 * Atari 800XL Computer --- $65.00
* Atari XF551 Disk Drive - $150.00 * Atari 1050 Disk Drive -- $100.00
* Atari Touch Tablet ----- $45.00 * Atari 410 Recorder ----- $10.00
* Atari 1030 Modem ------- $25.00 * Koala Pad (for Atari) -- $45.00
* ICX-85 Keypad (New) ---- $39.95 * Deluxe ICX-85 (New) ---- $59.95
* ICX-85 Kit (New) ------- $19.95 * SIO Port Box (New) ----- $19.95
* SIO Switch Box (New) --- $29.95 * IC1050 Controller (New)- $19.95
* Imm. Controller (New) -- $21.95 * Ramdrive Utility Pkg. -- $9.95
* Function Key Kit (New) - $9.95 * Ram - Aid (New) -------- $9.95
* IC PD Disks (See Catalog) $5.00 * Voice Master w/o sw ---- $45.00
[General Computers]
* SupraModem 2400 (New) -- $149.95
* Mitsubishi 80track DS/DD (New Half-height 5 1/4-) $69.95
* Teac 80track DS/DD 3 1/2- (Half-height) ---------- $99.95
* Mitsubishi 80track SS/DD (Half-height 3 1/2-) --- $39.95
To qualify for this sale, just mention the word -CompuServe-, in your
letter or phone conversation. The products are on sale until September 31,
or until sold out, (whichever comes first). All sales are on a first come,
first served basis.
Notes: Unless otherwise noted, the merchandise is used/reconditioned, and
carries a 30 day warranty from Innovative Concepts. New products carry
full manufacturer's warranty.
-Page 5-
(continued)
Terms: (USA) $3.00 S&H for the first pound, $1.00 for each additional
pound. Certified check, money order, and personal check (allow extra time)
are accepted. COD (USA only): $2.20 extra. APO & FPO: Same as USA, but no
COD's.
Foreign orders: Canada & Mexico: $7.00 first pound, $2.50 each additional
pound. Other Foreign: $10.00 first pound, $3.00 each additional pound. ALL
foreign orders MUST include payment with orders, in U.S. funds.
Final Note: For a complete listing of our Public Domain disks, as well as
a listing of our many other products, download the ASCII text file, named
-CATLOG.ASC-, in DL15 of the Atari 8-bit section on CompuServe (where this
file has originated).
If you have any questions, you have several options of doing so: Call,
write, send E-Mail, or post message in message base 15, of the Atari 8-bit
section.
Innovative Concepts (I.C.)
31172 Shawn Drive
Warren, MI 48093 USA
Phone #: (313) 293-0730
CompuServe #: 76004,1764
Mark D. Elliott -Pres-
This message file originated on CompuServe, and may be distributed on
BBS's, as long as it remains unchanged and intact.
ATARI USER CONVENTION
THE FIRST CANADIAN ATARI USER CONVENTION is coming this NOVEMBER 6, 1988.
This is CANADA'S first and only Atari user convention this year. This
convention is being put on and sponsored by -THE TORONTO ATARI FEDERATION-
user group. This group has over 500 members both in the TORONTO ONTARIO
CANADA area and across the country as well as having associate members from
around the world. We have a 40 meg 24hr bulletin board 416-235-0318 that
has everything anyone would require when using ATARI SYSTEMS. If anyone
wants more info re our computer show leave a message on the board and we
will be in touch. If this is not convenient contact the people listed
below.
This unique computer show is dedicated exclusively to ATARI COMPUTER
SYSTEMS. This exciting new event promises to be jam packed with
information, demonstrations, lectures and hands on work shops. One of
the main exhibitors will be Atari Canada, showing off all the latest
software as well as its new and innovative products. That's not all,
there will be lots of retailers selling their wares as Special Low
Convention prices, hardware and software manufacturers displaying their
latest products, user groups talking to the crowds about Atari products
and selling their PD software disks, lectures by knowledgeable speakers,
seminars by prominent developers and even hands-on workshops where the
registered participants can actually work on projects under the guidance
of an expert. There will be something for everyone. From multi-player
adventure games on the 8-bit to business applications for the Atari clones.
-Page 6-
(continued)
So, if you are an Atari owner, or plan to be one or just looking for
information, this is the place you will want to be.
THE FIRST CANADIAN ATARI USERS CONVENTION is being held at THE SKYLINE
TRIUMPH HOTEL located just off highway 401 on Keele Street. NOVEMBER 6TH,
1988 from 10:00am to 6:00pm. (Special hotel rates available) Phone:
1-800-268-1332.
For more information contact:
PRESS: (Mike Searl) ..........416/245-5543
EXHIBITORS: (Jim Jorritsma)...416/242-3413
PUBLIC INFO LINE..............416/425-5357
TAF ONLINE BBS (24hr)........416/235-0318
or call Jim Clark, President, Toronto Atari Federation 416/928-1143
For more information send all inquiries to:
-TORONTO ATARI FEDERATION-
5334 Yonge ST.
1527 WILLOWDALE
ONTARIO CANADA M2N 6M2
ATTENTION -COMPUTER SHOW-
-Page 7-
SYSOP SPECIAL
(Downloaded from the Hayes Advanced Systems BBS. Uploaded by permission).
For a two month period ending 29 October 1988, qualified Sysops can
purchase up to 4 Hayes V-series Smartmodem 9600s for a special Sysops
price of US$400 each (a 70% reduction from the estimated retail price
of US $1,299).
Hayes V-series system products provide the features that BBS operators
most want - high speed (2400 bps and 9600 bps), error control, adaptive
data compression and automatic feature negotiation. And, now, you can buy
them at a special discount to use on your bulletin board.
(Note from uploader: Hayes has commited to provide upgrades to CCITT V.42
in the near future; these modems will be fully upgradable).
Qualifying for SysOp rates is easy. You must demonstrate that:
* The bulletin board and operator are serving a specific user group.
* The bulletin board serves as an information center or center for
exchange of information between separate users' groups or computer
associated groups.
* The bulletin board has been in operation for at least six months and
receives a minimum of 50 calls per week or 200 calls per month.
If you want the SYSOP Information Packet, or have any questions, give
Hayes a call. They speak your language.
NOTE: Sysops who have already purchased Hayes V-series Smartmodem 9600s
through the Hayes Sysop Purchase Plan will be offered an additional price
reduction of $250, (for each V-series 9600 previously purchased), towards
the purchase of additional V-series 9600s. That means if you have already
purchased a Hayes V-series Smartmodem 9600 through the Sysop Purchase
Plan, you can now order another V-series 9600 for $150. (1 for 1, 2 for
2, etc).
Call Hayes Customer Service at (404) 441-1617, 8:00am to 8:00pm Monday
through Friday. Ask our Customer Service Reps to send you the SysOp
packet.
-Page 8-
ZMAG SHORTS
SPECIAL SUPRA MODEM OFFER!!!
CompuServe's Atari Forums have made arrangements with Paramount Products
Inc. to offer the members of our forums the chance to upgrade your system
to 2400 baud service at a very special price. For a limited time,
CompuServe subscribers may purchase the SUPRA CORP. 2400 baud Hayes-
compatible modem for the very **LOW** price of just $139.95 !!!!! These
are brand new, not reconditioned units, with the full SUPRA CORP.
warranty.
The SUPRA MODEM uses the Hayes Smartmodem 'AT' command set and operates at
300-1200-2400 baud. It's an outboard unit (not an internal plug-in card)
allowing ease of transfer to other computers. Connection is thru the
standard RS-232 interface. (Just plug it into the back of your ATARI ST).
To take advantage of this special offer, just phone the 800 number listed
below or write to:
Paramount Products Inc.
1405 S.E. Pacific Blvd.
Albany, Oregon 97321
Phone orders: (800)444-4061
Price: $139.95 + shipping
UPS ground: add $4.00
UPS Blue label: add $8.00
C.O.D.: add $2.25
MasterCard or VISA accepted. Orders will be shipped the next business
day. If you've been accessing CompuServe at 1200 baud, this is a great
way to lower your total online bill since CIS does *NOT* charge a premium
for 2400 baud access. (You can get the same amount of information or
download the same amount of programs in approximately 1/2 the time as 1200
baud users!) This modem will PAY FOR ITSELF in just a few sessions.
-Page 9-
COMPUSERVE EDITOR COMMANDS
CIS -EDIT- Editor Commands
Most Frequently Used in ATARI Message Base
Postings
SHORT LIST OF MOST FREQUENTLY USED COMMANDS:
A
=
The A command appends the specified string to the end of the current
line. Mnemonic for APPEND String.
Format: /A[/string/]
B
=
The B command moves the line pointer to the last line in the file.
Mnemonic for BOTTOM of file.
Format: /B
C
=
The C command changes the nth occurrence of an old string on the line to
a new string; deletes the nth occurrence of the old string; or inserts a
new string at the beginning of the line. Mnemonic for CHANGE string.
Format: /C[n][/old-string/new-string/]/old-string//new-string/
D
=
The D command deletes the specified number of lines from the file,
starting with the current line. Mnemonic for DELETE lines.
Format: /D[n]
EXIT
The EXIT command closes the file and returns control to ICS command mode.
Puts you back into the Forum where you may PRE (Preview the reformatted
message), L (Leave), POS (Post), S (Send), MA (Email), MB (Message
Base), UA (Use the previous Address (From: line) to establish a new
thread in reply to a message), or A (Abort) the message you have composed.
Format: /EXIT or /EX
-Page 10-
(continued)
HELP
The HELP command gives you information on the commands available when
Note Bene: The characters ,,[, and ] are NOT to be typed, they are for
clarification of the examples. The Character / (and NOT \) must be typed
where it is shown in each example, and must be the first character on a
new line (immediately after a [Return])in the message space to be
recognized as a command. Lines which start with a Period, a Space, or a
Tab will force the a new line in the message when it is read by other
users.
Format: /HELP[...]
Using HELP without the ... gives you a short list of all available
commands with the option to read each or any of the detailed command
descriptions. With the ... you will get a listing similar to this.
L
=
The L command searches forward in the file for the first line containing
the specified number of occurrences of the indicated string. Mnemonic
for LOOK for this string.
Format: /L[n][/string/]
P
=
The P command prints the specified number of lines of the file, starting
with the current line. Mnemonic for PRINT lines.
Format: /P[n]
POS
===
The POS command moves the line pointer to the specified line in the file.
Mnemonic for POSITION to line.
Format: /POS[n]
R
=
The R command replaces the current line with the specified string.
Mnemonic for REPLACE the line.
Format: /R[/string/]
T
=
The T command moves the line pointer to an imaginary line at the top of
the file. Mnemonic for go to Top of file.
Format: /T
-Page 11-
(continued)
TYPE
====
The TYPE command displays the entire contents of the file, leaving the
line pointer at last line in the file. Note Bene: The characters ,,[,
and ] are NOT to be typed, they are for clarification of the examples.
The Character / (and NOT \) must be typed where it is shown in each
example, and must be the first character on a new line (immediately after
a [Return]) in the message space to be recognized as a command. Lines
which start with a Period, a Space, or a Tab will force the a new line
in the message when it is read by other users.
Format: /TYPE
W
=
The W command displays the position of the line pointer. Mnemonic for
WHAT line am I on.
Format: /W
This text Ctsy CompuServe Atari SIGs
-Page 12-
COMMENTARY and REPLY
Ctsy GEnie
SWANSONS SOAPBOX
by Rod Swanson - 8/88
Hope you had a great month, I didn't!
FAMILY 'HOME/OFFICE' COMPUTING- Ever heard of this magazine? It has been
around for many years but it used to be called simply 'Family Computing'.
The are usually fair and equal in coverage however they are quite
'inaccurate'. They once reviewed the Atari 1030 modem and said it lacked
tone or auto dialing. I sent them a letter correcting them and did not see
or hear anything since, not even in their lame letters column. They more
recently did a thing giving the specs of the ST and said it had a maximum
color number of 4. Real accurate reporting aye? Last month in a section
that they call 'machine specifics' they told of the release on Word
Perfect for the ST and at the end said that in order to follow along with
direction of the magazine with its new name, they will be dropping the
Atari and Commode-door sections. I suppose that if they changed their name
to Family 'Games/Entertainment' Computing then they would give Atari and
ommode-door more coverage and drop Apple and IBM! Jeezz what a pack of
morons. Write these idiots PLEASE!
Family Computing
730 Broadway
NY, NY 10003.
THE AMAZING AMIGA- I was visiting a computer store in Berkley Ca.
recently and got to talking to the owner about the ST and I happened to
mention the fact that he had no Amiga's. Bob (not real name) said that he
did not carry or support the Amiga anymore but that he used to since it
seemed to be a promising machine. He said that he remembers selling his
last Amiga with great relief. Obviously, he did not like the machine after
all. He said that the big problem was two-fold.
1) It crashed too often and
2) It was a machine with everything on board but nothing complete.
Lets take a closer look. The Amiga has multi-tasking, sort of. You can run
more than 1 program at a time. you take the speed of the computer and
divide that number by the number of programs running and you get -Amiga-
asking-. The more you multi-task, the slower it runs. Not quite up to UNIX
standards is it? During multi-tasking it is even more crash-prone. If you
multi-task it seems that you are pretty serious about the amount of time
at the computer, the faster your work should be completed. Crash-recovery
is not my idea of using time effectively. The Amiga also has 4,096 colors
built in. That is nice even though you can get that with the ST through
the use of software. 4,096 colors is very memory hungry, so if you plan
to use that many colors 'get more memory'! I should mention that 4,096
colors is pretty, but not easy on the eyes. Ever heard of 'flicker'? You
can of course do animation with it (ST too) but if you use 'lots of
colors' then you need even 'more memory'. I'd say 4 meg should be enough
(hehe). I was told multi-user interfacing is almost impossible to do
effectively but I do not know why. Ask someone who knows more about it.
The Amiga can do 600x400 but it is a joke if you plan on 'looking' at the
screen if doing desktop publishing. Maybe a $1000 monitor would help. The
-Page 13-
(continued)
Amiga has a proprietary operating system that has gone through more
revisions than Jason on Friday the 13th. Oh yeah, the Amiga has stereo
sound, at 1/3 the frequency range as the ST's mono chip. I have a 'stereo'
simulator hooked to my ST ($80) and it is great. SO, buy an Amiga, the
computer that has it all (or WILL someday).
DOG OF THE YEAR- I just took a look at the latest, greatest(?) and most
waited for game for the ST, 'JET' by Sub-logic. It is 'sub-playable'! A
real letdown. The graphics look most like the Amiga's but the playabillity
is like the IBM version. This is NOT nearly acceptable. The object
graphics are nice and detailed (planes, buildings etc) except for when you
bail out of your plane you see a 'stick' figure that a 2 year old could
have drawn better, fall out of the sky. Pathetic! When you are moving, the
screen updated are about as fast as a slide show off of a disk (slooow).
Not that bad but not far from it either. Looks like page flipping, 8-bit
style. After seeing and playing 'Flight Sim II', which is great, I was
left speechless in disgust by 'JET'. This turkey is billed as the
greatest flight simulator for the ST. 'ST' or 'XT' fellas? I enjoyed 'F-15
Strike Eagle' more. Save your $$ on this garbage and buy 'High Roller' by
Mindscape instead. I have an opinion about what Sub-Logic's (aka
sub-quality) strategy here. They spend all this time holding up a product
that was begged for months and months ago. They release a crap version
that nobody will buy. They lose sales, see it pirated (since nobody in
their right mind would buy the damn thing) and sit back and say -Aha! You
Atari people are nothing but a bunch of thieves!-. They quit supporting
us and they are free to do other projects for the 'other', 'real' machines
without having to listen to our words anymore. Forget about 'JET' unless
you are in no hurry for the screen updates every second or so.
REPLY
Subject: Kicking Ron Swanson's soapbox out from under his feet.
Ron;
Everyone's entitled to their opinion, of course - a disclaimer that
should go unsaid in the good ole USA, but which always seems to pop into
my mind whenever I read the sort of tripe you passed off as an -opinion-
piece in your -soapbox- article. You thought that the Atari world -needs-
to read your comments? I beg to differ - the Atari world needs you to
misplace your word processor.
Let's dissect your piece point by point. I can't really disagree with your
opinion regarding Family Computing - their discontinuance of Atari and
Commodore coverage is lamentable, though perhaps understandable. I always
read specialty magazines myself, rather than try and sort through many
pages of unrelated material looking for an occassional tidbit of Atari
news, and I imagine that the editors at Family Computing are starting to
realize that this is a trend. But what is this -Commode-door- crap? If
your letter to Family Computing showed this much disrespect for other
computer users, I fully understand why they didn't publish it. You should
also remember that not every letter received is published.
Regarding your discussion of the Amiga - have you graduated from junior
high school? Computer bashing is for insecure children who need the
reassurance that -my toy is better than your toy-. I don't use an Amiga,
and I prefer my Atari, but the people I know who do use Amigas are very
happy with them. It works, and does it's job. Show me a computer operating
system without bugs, and I'll show you a pipe dream.
-Page 14-
(continued) I can't comment on
your specific complaints, but I have never heard an Amiga user complain
about some of the things you mentioned, and they use the machine, and
therefore know a bit more about it than you do. One thing you should
realize, though, is that the -frequency range- of a sound chip is probably
it's least important spec, and is not AT ALL related to it's -frequency
response-, which is important. By saying that the ST's sound is even
comparable to the Amiga's, let alone better, you expose yourself as the
fool you are. (By the way, I use my ST as a musical instrument, and have
14 years of experience with sound synthesis, so I know what I'm talking
about.)
Finally, regarding your comments on Jet, a game from SubLogic, I have no
comment. As one who uses my ST as a tool, rather than a toy, I have no use
whatsoever for game software. You apparently do, and you are certainly
entitled to pass on your opinion of what you feel is bad software. However,
when you say -it's OK to pirate this software because it's bad-, I get
really steamed. No - I get so mad that I can't even put my emotions down
in text. If I met you in the street, perhaps I could express my opinion
in a more colorful manner. Yes, I realize that you did not come out and
say -it's OK- etc. but by saying that such theft is understandable, you
condone it. If the software is bad, don't buy it, defame it in print, but
DON'T STEAL IT! I can't understand these people who collect boxes and
boxes of pirated software that they don't like, which it seems you are one
of. I won't go into my standard diatribe against software theft here, but
if you don't respect the efforts of games programmers enough to defend
their copyright, your mother should take your modem away from you.
Jim Johnson
-Page 15-
COPYRIGHTS Part 2
From: Jordan J. Breslow
Subject: Copyright Law
COPYRIGHT LAW (Copyright 1986 Breslow)
I am an attorney practicing copyright law and computer law. I read a
series of queries in Net.Legal about copyright law and was dismayed to
find that people who had no idea what they were talking about were
spreading misinformation over the network. Considering that the
penalties for copyright infringement can include $50,000.00 damages per
infringed work, attorneys fees, court costs, criminal fines and
imprisonment, and considering that ignorance is no excuse and innocent
intent is not even a recognized defense, I cringe to see the network
used as a soapbox for the ill-informed. For that reason, this article
will discuss copyright law and license law as they pertain to computer
software.
My goal is to enable readers to determine when they should be concerned
about infringing and when they can relax about it. I also want to let
programmers know how to obtain copyright for their work. I'll explain
the purpose of software licenses, and discuss the effect that the license
has on copyright. For those of you who are programmers, I'll help you
decide whether you own the programs you write on the job or your boss owns
them. I will also mention trademark law and patent law briefly, in order
to clarify some confusion about which is which. Incidentally, if you read
this entire essay, you will be able to determine whether or not the essay
is copyrighted and whether or not you can make a printout of it.
This is a long article, and you may not want to read all of it. Here is
an outline to help you decide what to read and what to ignore:
PART ONE
THE MEANING OF COPYRIGHT FROM THE VIEWPOINT OF THE SOFTWARE USER
0.1 A bit of history
0.2 The meaning of -copyright-
0.3 The meaning of -public domain-
0.4 A hypothetical software purchase
0.5 - 0.6 Can you use copyrighted software?
0.7 Can you make a backup copy?
0.8 Licenses may change the rules
0.9 Can you modify the program?
0.10 Can you break the copy protection scheme?
0.11 Summary
PART TWO
COPYRIGHT SOUNDS NEAT -- HOW DO I GET ONE? OR, HOW DO I KNOW IF THIS
PROGRAM IS COPYRIGHTED?
0.12.1 How do you get a copyright?
0.12.2 How do you lose a copyright?
0.12.3 How do you waste a stamp?
0.12.4 Do you have to register?
0.13 How copyright comes into existence
0.14 - 0.17 The copyright notice
0.18 Advantages of registration
0.19 A test to see if you understand this article
-Page 16-
PART THREE
WHO OWNS THE PROGRAM YOU WROTE?
0.20 Introduction
0.21 - 0.22 Programs written as an employee
0.23 - 0.25 Programs written as a contractor
PART FOUR
A BRIEF WORD ABOUT LICENSES
0.26 Why a license?
0.27 Is it valid?
PART FIVE
I HAVE A NEAT IDEA. CAN I TRADEMARK IT? WHAT ABOUT A PATENT?
0.28 Trademark law explained
0.29 Patent law
0.39 CONCLUSION: Where to find me for more info.
PART ONE
THE MEANING OF COPYRIGHT FROM THE VIEWPOINT OF THE SOFTWARE USER
0.1 If you're not interested in history, you can skip this paragraph.
-Modern- copyright law first came into existence in 1570, by an act of
Parliament called the Statute of Anne. Like most laws, it hasn't changed
much since. It was written with books and pictures in mind. Parliament,
lacking the foresight to predict the success of the Intel and IBM
corporations, failed to consider the issue of copyrighting computer
programs. At first, courts questioned whether programs could be
copyrighted at all. The problem was that judges couldn't read the
programs and they figured the Copyright Law was only meant to apply to
things humans (which arguably includes judges) could read without the aid
of a machine. I saw some mythical discussion about that in some of the
net.legal drivel. Let's lay that to rest: programs are copyrightable as
long as there is even a minimal amount of creativity. The issue was laid
to rest with the Software Act of 1980. That Act modified the Copyright
Act (which is a Federal law by the way), in such a way as to make it clear
that programs are copyrightable. The few exceptions to this rule will
rarely concern anyone. The next question to arise was whether a program
was copyrightable if it was stored in ROM rather than on paper. The
decision in the Apple v. Franklin case laid that to rest: it is.
0.2 Now, what is copyright? As it is commonly understood, it is the
right to make copies of something -- or to put it the other way around,
it is the right to prohibit other people from making copies. This is
known as an exclusive right -- the exclusive right to -reproduce,- in
the biological language of the Copyright Act -- and what most people don't
know is that copyright involves not one, not two, but five exclusive
rights. These are (1) the exclusive right to make copies, (2) the
exclusive right to distribute copies to the public, (3) the exclusive
right to prepare -derivative works- (I'll explain, just keep reading),
(4) the exclusive right to perform the work in public (this mainly
applies to plays, dances and the like, but it could apply to software),
and (5) the exclusive right to display the work in public (such as showing
a film).
-Page 17-
0.3 Before we go any further, what is public domain? I saw some
discussion on the net about public domain software being copyrighted.
Nonsense. The phrase -public domain,- when used correctly, means the
absence of copyright protection. It means you can copy public domain
software to your heart's content. It means that the author has none of
the exclusive rights listed above. If someone uses the phrase -public
domain- to refer to -freeware- (software which is copyrighted but is
distributed without advance payment but with a request for a donation),
he or she is using the term incorrectly. Public domain means no copyright
-- no exclusive rights.
0.4 Let's look at those exclusive rights from the viewpoint of someone who
has legitimately purchased a single copy of a copyrighted computer
program. For the moment, we'll have to ignore the fact that the program
is supposedly licensed, because the license changes things. I'll explain
that later. For now, assume you went to Fred's Diner and Software Mart
and bought a dozen eggs, cat food and a word processing program. And for
now, assume the program is copyrighted.
0.5 What can you do with this copyrighted software? Let's start with the
obvious: can you use it on your powerful Timex PC? Is this a joke? No.
Prior to 1980, my answer might have been No, you can't use it! And people
actually pay me for advice like that! Well think: you take the floppy
disk out of the zip lock baggy, insert it in drive A and load the program
into RAM. What have you just done? You've made a copy in RAM --in
legalese, you've reproduced the work, in violation of the copyright
owner's exclusive right to reproduce. (I better clarify something here:
the copyright owner is the person or company whose name appears in the
copyright notice on the box, or the disk or the first screen or wherever.
It may be the person who wrote the program, or it may be his boss, or it
may be a publishing company that bought the rights to the program. But in
any case, it's not you. When you buy a copy of the program, you do not
become the copyright owner. You just own one copy.)
0.6 Anyway, loading the program into RAM means making a copy. The
Software Act of 1980 addressed this absurdity by allowing you to make a
copy if the copy -is created as an essential step in the utilization of
the computer program in conjunction with a machine and . . . is used in
no other manner . . . .- By the way, somebody tell me what -a machine-
means. If you connect 5 PC's on a network is that -a machine- or several
machines? A related question is whether or not running software on a
network constitutes a performance. The copyright owner has the exclusive
right to do that, remember?
0.7 OK, so you bought this copyrighted program and you loaded it into RAM
or onto a hard disk without the FBI knocking on your door. Now can you
make a backup copy? YES. The Software Act also provided that you can
make a backup copy, provided that it -is for archival purposes only....-
What you cannot do, however, is give the archive copy to your friend so
that you and your pal both got the program for the price of one. That
violates the copyright owner's exclusive right to distribute copies to the
public. Get it? You can, on the other hand, give both your original and
backup to your friend -- or sell it to him, or lend it to him, as long as
you don't retain a copy of the program you are selling. Although the
copyright owner has the exclusive right to distribute (sell) copies of the
program, that right only applies to the first sale of any particular copy.
By analogy, if you buy a copyrighted book, you are free to sell your book
to a friend. The copyright owner does not have the right to control
resales.
-Page 18-
0.8 At this point, let me remind you that we have assumed that the
program you got at the store was sold to you, not licensed to you.
Licenses may change the rules.
0.9 Now, you're a clever programmer, and you know the program could run
faster with some modifications. You could also add graphics and an
interactive mode and lots of other stuff. What does copyright law say
about your plans? Well . . . several different things, actually. First,
recall that the copyright owner has the exclusive right to make derivative
works. A derivative work is a work based on one or more preexisting
works. It's easy to recognize derivative works when you think about music
or books. If a book is copyrighted, derivative works could include a
screenplay, an abridged edition, or a translation into another language.
Derivative works of songs might be new arrangements (like the jazz version
of Love Potion Number 9), a movie soundtrack, or a written transcription,
or a -long version,- (such as the fifteen minute version of -Wipe Out-
with an extended drum solo for dance parties). In my opinion, you are
making a derivative work when you take the store-bought word processor and
modify it to perform differently. The same would be true if you
-translated- a COBOL program into BASIC. Those are copyright
infringements -- you've horned in on the copyright owner's exclusive right
to make derivative works.
There is, however, some breathing room. The Software Act generously
allows you to -adapt- the code if the adaptation -is created as an
essential step in the utilization of the computer program in conjunction
with a machine....- For example, you might have to modify the code to
make it compatible with your machine.
0.10 Moving right along, let's assume your store-bought program is copy
protected, and you'd really like to make a backup copy. You know this
nine-year-old whiz who can crack any copy-protection scheme faster than
you can rearrange a Rubix cube. Is there a copyright violation if he
succeeds? There's room to argue here. When you try to figure out if
something is an infringement, ask yourself, what exclusive right am I
violating? In this case, not the right to make copies, and not the right
to distribute copies. Public performance and display have no relevance.
So the key question is whether you are making a -derivative work.- My
answer to that question is, -I doubt it.- On the other hand, I also doubt
that breaking the protection scheme was -an essential step- in using the
program in conjunction with a machine. It might be a -fair use,- but that
will have to wait for another article. Anyone interested in stretching
the limits of the -fair use- defense should read the Sony -Betamax- case.
0.11 Let me summarize. Copyright means the copyright owner has the
exclusive right to do certain things. Copyright infringement means you
did one of those exclusive things (unless you did it within the limits
of the Software Act, i.e., as an essential step . . . .).
0.12 PART TWO
COPYRIGHT SOUNDS NEAT -- HOW DO I GET ONE? OR, HOW DO I KNOW IF THIS
PROGRAM IS COPYRIGHTED?
0.12.1 If you've written an original program, what do you have to do to
get a copyright? Nothing. You already have one.
0.12.2 If you've written an original program, what do you have to do to
lose your copyright protection? Give copies away without the copyright
notice.
-Page 19-
0.12.3 If you mail the program to yourself in a sealed envelope, what have
you accomplished? You've wasted a stamp and an envelope and burdened the
postal system unnecessarily.
0.12.4 Do you have to register your program with the U.S. Copyright
Office? No, but it's a damn good idea.
0.13 Copyright protection (meaning the five exclusive rights) comes into
existence the moment you -fix- your program in a -tangible medium.- That
means write it down, or store it on a floppy disk, or do something
similar. Registration is optional. The one thing you must do, however,
is protect your copyright by including a copyright notice on every copy
of every program you sell, give away, lend out, etc. If you don't,
someone who happens across your program with no notice on it can safely
assume that it is in the public domain (unless he actually knows that it
is not).
0.14 The copyright notice has three parts. The first can be either a c
with a circle around it, or the word -copyright- or the abbreviation
-Copr.- The c with a circle around it is preferable, because it is
recognized around the world; the others are not. That's incredibly
important. Countries around the world have agreed to recognize and
uphold each others' copyrights, but this world-wide protection requires
the use of the c in a circle. On disk labels and program packaging, use
the encircled c. Unfortunately, computers don't draw small circles well,
so programmers have resorted to a c in parentheses: (c). Too bad. That
has no legal meaning. When you put your notice in the code and on the
screen, use -Copyright- or -Copr.- if you can't make a circle.
0.15 The second part of the notice is the -year of first publication of
the work.- -Publication- doesn't mean distribution by Osborne Publishing
Co. It means distribution of copies of the program to the public -by sale
or other transfer of ownership, or by rental, lease, or lending.- So when
you start handing out or selling copies of your precious code, you are
publishing. Publication also takes place when you merely OFFER to
distribute copies to a group for further distribution. Your notice must
include the year that you first did so.
0.16 The third part of the notice is the name of the owner of the
copyright. Hopefully, that's you, in which case your last name will do.
If your company owns the program -- a legal issue which I will address
later in this article --the company name is appropriate.
0.17 Where do you put the notice? The general idea is to put it where
people are likely to see it. Specifically, if you're distributing a human
-readable code listing, put it on the first page in the first few lines of
code, and hard code it so that it appears on the title screen, or at sign
-off, or continuously. If you're distributing machine-readable versions
only, hard code it. As an extra precaution, you should also place the
notice on the gummed disk label or in some other fashion permanently
attached to the storage medium.
0.18 Now, why register the program? If no one ever rips off your program,
you won't care much about registration. If someone does rip it off,
you'll kick yourself for not having registered it. The reason is that if
the program is registered before the infringement takes place, you can
recover some big bucks from the infringer, called statutory damages, and
the court can order the infringer to pay your attorneys fees.
Registration only costs $10.00, and it's easy to do yourself. The only
potential disadvantage is the requirement that you deposit the first and
last 25 pages of your source code, which can be inspected (but not copied)
by members of the public.
-Page 20-
0.19 Now, someone tell me this: is this article copyrighted? Can you
print it?
0.20 PART THREE
WHO OWNS THE PROGRAM YOU WROTE?
The starting point of this analysis is that if you wrote the program,
you are the author, and copyright belongs to the author. HOWEVER, that
can change instantly. There are two common ways for your ownership to
shift to someone else: first, your program might be a -work for hire.-
Second, you might sell or assign your -rights- in the program, which for
our purposes means the copyright.
0.21 Most of the programs which you write at work, if not all of them,
belong to your employer. That's because a program prepared by an employee
within the scope of his or her employment is a -work for hire,- and the
employer is considered the -author.- This is more or less automatic if
you are an employee --no written agreement is necessary to make your
employer the copyright owner. By contrast, if you can convince your
employer to let you be the copyright owner, you must have that agreement
in writing.
0.22 By the way, before you give up hope of owning the copyright to the
program you wrote at work, figure out if you are really an employee. That
is actually a complex legal question, but I can tell you now that just
because your boss says you are an employee doesn't mean that it's so. And
remember that if you created the program outside the -scope- of your job,
the program is not a -work for hire.- Finally, in California and probably
elsewhere, the state labor law provides that employees own products they
create on their own time, using their own tools and materials. Employment
contracts which attempt to make the employer the owner of those off-the-
job -inventions- are void, at least in sunny California.
0.23 Wait a minute: I'm an independent contractor to Company X, not an
employee. I come and go as I please, get paid by the hour with no tax
withheld, and was retained to complete a specific project. I frequently
work at home with my own equipment. Is the program I'm writing a -work
for hire,- owned by the Company? Maybe, maybe not. In California, this
area is full of landmines for employers, and gold for contractors.
0.24 A contractor's program is not a -work for hire,- and is not owned by
the company, unless (1) there is a written agreement between the company
and the contractor which says that it is, and (2) the work is a
-commissioned work.- A -commissioned work- is one of the following: (a)
a contribution to a -collective work,- (b) an audiovisual work (like a
movie, and maybe like a video game), (c) a translation, (d) a compilation,
(e) an instructional text, (f) a test or answer to a test, or (g) an
atlas. I know you must be tired of definitions, but this is what the real
legal world is made of. An example of a collective work is a book of
poetry, with poems contributed by various authors. A piece of code which
is incorporated into a large program isn't a contribution to a collective
work, but a stand-alone program which is packaged and sold with other
stand-alone programs could be.
0.25 So where are we? If you are a contract programmer, not an employee,
and your program is a -commissioned work,- and you have a written
agreement that says that the program is a -work for hire- owned by the
greedy company, who owns the program? That's right, the company. But
guess what? In California and elsewhere the company just became your
employer! This means that the company must now provide worker's
compensation benefits for you AND UNEMPLOYMENT INSURANCE.
-Page 21-
0.26 PART FOUR
A BRIEF WORD ABOUT LICENSES.
When you get software at the local five and dime, the manufacturer claims
that you have a license to use that copy of the program. The reason for
this is that the manufacturer wants to place more restrictions on your use
of the program than copyright law places. For example, licenses typically
say you can only use the program on a single designated CPU. Nothing in
the copyright law says that. Some licenses say you cannot make an archive
copy. The copyright law says you can, remember? But if the license is a
valid license, now you can't. You can sell or give away your copy of a
program if you purchased it, right? That's permitted by copyright law,
but the license may prohibit it. The more restrictive terms of the
license will apply instead of the more liberal copyright rules.
0.27 Is the license valid? This is hotly debated among lawyers. (What
isn't? We'll argue about the time of day.) A few states have passed or
will soon pass laws declaring that they are valid. A few will go the
other way. Federal legislation is unlikely. My argument is that at the
consumer level, the license is not binding because there is no true
negotiation (unless a state law says it is binding), but hey that's just
an argument and I'm not saying that that's the law. In any case, I think
businesses which buy software will be treated differently in court than
consumers. Businesses should read those licenses and negotiate with the
manufacturer if the terms are unacceptable.
0.28 FINALLY, PART FIVE
I HAVE A NEAT IDEA. CAN I TRADEMARK IT?
WHAT ABOUT PATENT?
Sorry, no luck. Trademark law protects names: names of products and
names of services. (Note that I did not say names of companies. Company
names are not trademarkable.) If you buy a program that has a trademarked
name, all that means is that you can't sell your own similar program under
the same name. It has nothing to do with copying the program.
0.29 Patent law can apply to computer programs, but it seldom does. The
main reasons it seldom applies are practical: the patent process is too
slow and too expensive to do much good in the software world. There are
also considerable legal hurdles to overcome in order to obtain a patent.
If, by chance, a program is patented, the patent owner has the exclusive
right to make, use or sell it for 17 years.
0.30 CONCLUSION: I know this is a long article, but believe it or not I
just scratched the surface. Hopefully, you'll find this information
useful, and you'll stop passing along myths about copyright law. If
anyone needs more information, I can be reached at (415) 932-4828, or
by mail at 1225 Alpine Road, Suite 200, Walnut Creek, CA 94596.
Thank you. JORDAN J. BRESLOW
-Page 22-
=========================================================================
Credits
Syndicate ZMagazine is published weekly by American Publishing Enterprises
Inc. Opinions presented in this magazine are those of the original author
and does not reflect the opinions of ZMagazine, APEInc or the editor.
Oposing points of view are welcome and encouraged. You may send any reply
to the following address:
American Publishing Enterprises, Inc.
Post Office Box 74
Middlesex, New Jersey 08846-0074
Attn: Issue #121
Syndicate ZMagazine Issue #121 is Copyright (c)1988 APEInc. All Rights
Reserved. Reprint permission granted as long as Syndicate ZMag and the
author are credited at the top of the article. Restrictive reprints are
noted in any article.
PUBLISHER: Ron Kovacs
MANAGING EDITOR: R.F. Mariano
ZMAG EDITOR: John Deegan
ASSISTANT: Lisa Kovacs
The following bulletin board systems are registered headquarter systems
for distribution of ZMagazine.
ZMAG NORTH (Launch Pad BBS)
(201) 343-1426
ZMAG MIDWEST (Stairway To Heaven)
(216) 784-0574
ZMAG SOUTH (Bounty Atari)
(904) 786-4176
ZMAG WEST (Shadow Haven)
(916) 962-2566
The Online Services have dedicated areas for distribution of ZMagazine.
COMPUSERVE
Go Atari8 - LIB 11
GEnie
Atari8 - Library 13
DELPHI
Group Atari - Database - News and Reviews
THE SOURCE
Coming Soon!
-Page 23-
========================================================================
SURVEY #2 Update: Compiled by John Deegan
We have received over 15 letters and numerous email responses to our
Survey which appeared in ZMAG119. August 17, 1988. Here is an update on
the questions and the responses.
Question #1
How do you honestly feel about your 8 Bit computer?
Most response enjoy the Atari 8 Bit, one responder felt that it was not
worth owning an longer since his ST can do the job. Others stated it was
a powerful machine and they couldn't live without it.
Question #2
Do you feel that your 8 bit computer has a future?
Every response felt it did have a future, if the software people or more
people believed it. They are all doubtful any thing more spectacular will
ever be released.
Question #3
Do you think the software publishers will ever produce any software for
the Atari 8 Bit worth buying?
Some said maybe, others and most felt there would not be anymore software
produced. A few stated the Public Domain software was a better bet.
Question #4
If you call the Online services, Please rate them on a scale of 1-10.
A few did not answer this question. Of the 22 who did respond, here are
the current stats:
Compuserve Atari Areas:
22 Responses
16 Votes of 7+, 5 Votes of 5, 1 Vote of 3
GEnie Atari Areas:
22 Responses
10 Votes of 7+, 6 Votes of 5, 4 Votes of 4, 2 Votes of 1-
Delphi Atari Areas:
22 Responses
9 Votes of Never Called, 11 Votes of 5, 2 Votes of 1-
Question #5
BBS System or Online Service you capture, download, read Zmag on.
14 Responses from Local BBS Service, 10 responses from GEnie, and 6
responses from CompuServe.
This is a sample of some of the responses received to date. Please take a
few minutes out and capture the Survey from Issue #119 and send it in!
=========================================================================
ZMAGAZINE Issue #121 August 31, 1988 (C)1988 APEInc, SPC
=========================================================================
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