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]>