Being no more than a dilettante in legal matters (but, really, just
about everyone is that when it comes to copyright on the Internet,
ain't any good case desisions yet) I'm not sure of all the nuances,
inferences, etc. in this.  Pay particular attention to part (b), please.
 
Is AOL saying that, if our lists are gatewayed to AOL, AOL has sole
copyright to everything on our lists?  Does having a single subscriber
with an aol.com address give them, by their lights, total rights to
everything on the list? Other?
 
I don't know, still mulling over the exact questions to ask.  One of the
questions is, maybe, should we put a total block on aol.com until we get
this clarified.  This does not seem to gibe with our position that our
posters retain full copyright to their own submissions, in accordance
with the Berne convention.  If AOL is going to dispute that, I would
tend to say fine, no gateway, no aol.com  subscribers.
 
Douglas
       Douglas Winship   Hays County, Texas  [log in to unmask]
                    Secondary AUTOCAT Listowner
                              MEDLAB-L
 
---------- Forwarded message ----------
Date: Tue, 21 Feb 1995 13:51:23 -0500
From: Carl Drott <[log in to unmask]>
To: Multiple recipients of list <[log in to unmask]>
Subject: Re: AOL and copyright laws
 
 
The first section below is AOL's argument that their contribution to the
content is sufficient for copyright.  The second tells you that you give
away the farm if you allow your material to be put in their database.
 
>From the AOL "Terms of Service"
2.6  Content
 
(a)  Proprietary Rights.
 
..All Content is copyrighted as a collective work under the U.S. Copyright
laws, and AOL Inc.owns a copyright in the selection, coordination,
arrangement and enhancement of such Content.  Member may not modify,
publish, transmit, participate in  the transfer or sale, create derivative
works, or in any way exploit, any of the Content, in whole or in part. If
no specific restrictions are displayed, Member may make copies of portions
of Content, including copyrighted material, trademarks, or other
proprietary materials, provided that the copies are made only for Member's
personal use ...
 
(b) Distribution/Uploading of Third Party Content.
 
 ... By submitting Content to any "Public Area" (Public Area(s) are those
areas of the AOL Service that are generally accessible to other Members,
such as chat rooms, message boards, and file uploads) You automatically
grant, or warrant that the owner of such Content has expressly granted, AOL
Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and distribute
the Content (in whole or part) worldwide and/or to incorporate it in other
works in any form, media, or technologynowknown or hereafter developed for
the full term of any copyrightthat may exist in such Content. You also
permit any Member to access, view, store or reproduce the Content for that
Member's personal use.  Subject to this grant, the owner of Content placed
on the AOL Service retains any and all rights which may exist in such
Content.
 
Carl Drott
<[log in to unmask]>