From: pbaker@tbag.tscs.com (Pete Baker)
Newsgroups: comp.sys.amiga.games
Subject: Re: INFOCOM GAMES
Date: 18 Aug 92 13:55:39 EST
Organization: Tampa Bay Amiga Group

On Tue 18-Aug-1992  1:42p, Jonathan Scott Haas wrote:
JH> >I am looking for the infocom text adventures.  I have a program to run
JH> them
JH> >under CNet BBS..  ANyone know where I can get all these Infocom games for
JH> >reasonable CHEAP!?
JH> 
JH> Yeah. You can buy "Lost Treasures of Infocom" for about fifty bucks. It
JH> includes these 20 (!!) classics:
JH> 
JH> However, I'm not sure about the legality (copyright & piracy laws, etc)
JH> of running this sort of thing on a bulletin board. You may want to look
JH> into it before actually putting these on your board... never hurts to make
JH> sure your rear is covered.
JH> 
THis was uploaded to my BBS some time ago.. you may find it interesting!
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To answer the first question on your mind.
Q. CAN I CHECK OUT OR USE COPYRIGHTED SOFTWARE OVER THE MODEM LEGALLY?
A. YES, read on to find out how.

If you want to obtain
your very own copy call the Copyright office at 202-479-0700 8:30-5pm EST M-F
it will take 7 to 10 days to receive a copy, or call their forms order 
Hotline at 202-707-9100, but you need to know what form you want. The form 
number is ML-419 and is the Final Regulation on Computer Software Lending
By Libraries; Copyright Warning.

Section 201.24 Warning of copyright for software lending by nonprofit 
Libraries.
        (a) Definition. A Warning of Copyright for Software Rental is a 
        notice under paragraph (b)(2)(A) of section 109 of the Copyright Act,
        title 17 of the United States Code, as amended by the Computer
        Software Rental Amendments Act of 1990, Public Law 101-650.  As
        required by that paragraph, the "Warning of Copyright for Software
        Rental" shall be affixed to the packaging that contains the
        computer program which is lent by a nonprofit library for nonprofit
        purposes.

        (b) Contents.  A Warning of Copyright for Software Rental shall
        consist of a verbatim reproduction of the following notice, printed
        in such size and form and affixed in such manner as to comply with
        paragraph (c) of this section.
         
        Notice: Warning of Copyright Restrictions

           The copyright law of the United States (Title 17, United States
        Code) governs the reproduction, distribution, adaptation, public
        performance, and public display of copyrighted material.
           Under certain conditions specified in law, nonprofit libraries 
        are authorized to lend, lease, or rent copies of computer programs
        to patrons on a nonprofit basis and for nonprofit purposes.  Any
        person who makes an unauthorized copy or adaptation of the computer
        program, or redistributes the loan copy, or publicly performs or
        displays the computer program, except as permitted by title 17 of
        the United States Code, may be liable for copyright infringement.
           This institution reserves the right to refuse to fulfill a loan
        request if, in its judgement, fulfillment of the request would lead
        to violation of the copyright law.

        (c) Form and manner of use.  A Warning of Copyright for Software
        Rental shall be affixed to the packaging that contains the copy of
        the computer program, which is the subject of a library loan to 
        patrons, by means of a label cemented, gummed, or otherwise durably
        attached to the copies or to a box, reel, cartridge, cassette, or 
        other container used as a permanent recepticle for the copy of the 
        computer program.  The notice shall be printed in such manner as to
        be clearly legible, comprehensible, and readily apparent to a casual
        user of the computer program.

        Dated February 14, 1991.
        Ralph Oman, Register of Copyrights
        Approved by James H. Billington, The Librarian of Congress

As you can see, the warning is fairly straightforward and to the point.  I
did not know that you could RENT to library patrons.  I wonder how a 
nonprofit library does so?  I guess if ALL the rental money goes into upkeep
of the library and for purchasing more software etc.  Last but not least, 
it says the warning must be firmly attached to the packaging in a durable
manner.  I would recommend it in a file comment headers, 
I would very much like to hear from
those of you who implement a file library system, drop me a card in the mail
and I will keep you up to date on any changes in the law, within reason of
course.

First, my background.  I am a third year law student at a fine Midwestern
law school, and I specialize in copyright, patent, and trademark law. I 
currently work for a law firm as an intern, and if anything in this file
gets you in trouble, we would be happy to represent you.  

Now for the actual law, what does USCA title 17 section 109 say?

Section (2)(A)  "Nothing in this subsection shall apply to the lending of a
computer program for NONPROFIT purposes by a NONPROFIT LIBRARY, if each
copy of a computer program which is lent by such library has affixed to the
packaging containing the program a warning of copyright in accordance with
requirements that the Register of Copyrights shall prescribe by regulation."

A little further down, this may ease your fears a little in case this legal
theory I have developed and will explain further doesn't hold up, this is
what section 109 says if you lose...  Paragraph (4)  .... Such violation
shall NOT be a criminal offense under section 506 or cause such person to
be subject to criminal penalties set forth in section 2319 of title 18."

--- Via UCI v1.02 (C-Net Amiga)

Newsgroups: comp.sys.amiga.games