Path: utzoo!utgpu!jarvis.csri.toronto.edu!mailrus!shadooby!samsung!usc!apple!fox!portal!cup.portal.com!Bob_BobR_Retelle
From: Bob_BobR_Retelle@cup.portal.com
Newsgroups: comp.sys.atari.st
Subject: Re: Copyrights and Commercial Networks and Usenet
Message-ID: <25356@cup.portal.com>
Date: 25 Dec 89 08:26:35 GMT
References: <1989Dec21.041439.24056@murdoch.acc.Virginia.EDU>
  <957@crash.cts.com>
Organization: The Portal System (TM)
Lines: 52

Sigh... I was hoping someone else would tackle this one...
 
The information provided by Dianne Barlow Close' coorespondent, Richard
Kelsch was very good, and goes right to the heart of the matter..
 
Unfortunately, it was interpreted slightly wrongly..
 
First of all, the correct term is "Compilation Copyright".
 
This is the way you protect a new collection of existing works, such as
a collection of stories, sheet music, artwork, whatever... including
"Newsnet" messages.
 
The works within the compilation may already be covered by copyright, or
they may be in the Public Domain.  The Compilation Copyright applies only
to the collection, not to the individual works.
 
Thus, while Beethoven's music is in the Public Domain, you could NOT copy
the sheet music that appears in a newly printed book which is covered by
a Compilation Copyright.
 
Every time you sign onto GEnie (or CompuServe or Delphi or any of the other
commercial information services), you see a (C)opyright notice.  You may
never notice it, or pay any attention to it, but what it's saying is that
everything that appears on your screen from that point on until you
disconnect, belongs to GEnie and may NOT be copied.  That includes Public
Domain programs that have been uploaded to their databases, messages from
other users, transcripts of conferences, *everything*.
 
Now, here's what most people don't understand... GEnie is NOT saying that
they own a copyright on, say, Charles F. Johnson's PINHEAD program, which
he released as shareware..  they ARE saying that they own the COPY that
appears on GEnie, under their "Compilation Copyright" and that you may NOT
copy it and pass it on anywhere else.  If you get a copy from Charles, fine..
you can upload it anywhere you please, but not the copy you get from GEnie.
 
Pretty silly, right..?  How can they tell the difference between the two?
Obviously they can't, and in all practicality the compilation copyright
is practically unenforcable.  CompuServe found that out when they
threatened some BBS operators who were stupid enough to publicize that they
had the "latest from CompuServe" in their downloads.  Where the GEnie copyrig
would be enforcable would be material which obviously originated on the
service in the first place.
 
So, yes, GEnie is claiming a copyright over your UseNet messages which appear
on GEnie, and no, it has no practical effect on anything.
 
A side note, Dave Small would be bearing the brunt of ANY legal actions.
Because of the fine print in their contracts, GEnie practically CANNOT be
sued for anything.  The individual little guys have to pay it all.
 
BobR