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