🚀 go-pugleaf

In article <1454@ihuxi.UUCP> store2@ihuxi.UUCP (Wilcox) writes:
> Just because a piece of software is available on a BBS does not mean it is
> public domain.  Even public domain may not really mean "public domain".
> There was a big discussion about this on CompuServe, I am told.  I do not
> have an account there, so I wasn't following the discussion.  CompuServe
> has taken the position that any public domain software you download off
> their board can only be used by you and cannot be uploaded onto another
> board without their permission.

CompuServe has not taken *such* a position.  What follows is an
explantion, downloaded from CompuServe, of their stand.

------------ begin text from CompuServe ---------------------

     The CompuServe Information Service provides more than 400 
online products covering thousands of subject areas to its more 
than 300,000 subscribers.  

     Material offered on the CompuServe Information Service 
originates with a wide variety of sources, ranging from creative 
public domain software programs uploaded by subscribers to 
multi-faceted databases provided by large corporations.  

     The following information will address some commonly-asked 
questions about copyright and ownership of material, particularly 
as it relates to public domain information and shareware 
programs.  

--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.  

 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.  

 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.  

--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.  
-- 
emordnilapregnolanalpanama

Tim Smith       USENET: sdcrdcf!ism780c!tim   Compuserve: 72257,3706
                Delphi or GEnie: mnementh