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1874 hits since 01 Mar 02 |
Update Wednesday, March 20, 2002
Got a new letter, this one by e-mail zdcease3.shtml -- ridiculous.Update Friday, March 15, 2002
Got a new letter, this one by e-mail zdcease2.shtml . Take a look. These guys just don't get it that they've let the cat out of the bag.Update Monday, March 11, 2002
Thanks to Earl Greer, I now have a copy of the original STRINGS article. Here's what it says about copying:
... PC Magazine utilities available on PC MagNet can be copied but are copyrighted. You may make copies for others as long as no charge is involved, but making copies for any commercial purpose is prohibited.I originally obtained these files with my PC Magazine subscription, so I licensed them under those original terms -- there was no "we can change the terms of our license by updating this webpage, and you have to check back here to see what we're doing" at that time. Since the files here are provided as a free service and not as a commercial service to my clients, I have re-enabled downloading of ZDnet files of that vintage.
February 29, 2002
I received this nasty letter from Ziff Davis yesterday, and I'm deciding what to do. I've submitted it to the EFF 's Chilling Effects page. Images of the letter's two pages are here in case I have made any typos: Page 1 and Page 2 . They are over a megabyte each.
One thing that really puzzles me is their claim for damages. These programs were freeware, originally published in the pre-internet days and ZD encouraged people to post them on BBSes to lessen the load on PC MagNet, their BBS system. As far as I remember there were no license limitations published with them -- I tossed my PC Mag collection about two years ago so I don't have print proof of this.
If anyone has a print copy of the issue of PC Mag that STRINGS was in (I believe it was originally published in Vol 10 No. 15 and then updated in Vol 11 No. 22 -- at least the ZIP that Strings were in are called v10n15.zip and v11n22.zip) -- I would greatly appreciate xeroxes of the articles including any copyright limitations. Mailing address for GeoApps is
GeoApps 8230 E. Broadway, Suite E9B Tucson, AZ 85710if you choose not to scan-and-e-mail.
Certainly there are no restrictions on copying or posting listed in the text files or source code that is included in the ZIPs. All of these programs are widely available at many sites around the world, including simtel.net, which has an entire section devoted to PC Magazine's free utilities at http://www.simtel.net/pub/msdos/pcmag/ . Many of the mirrors for this are outside US Copyright Law ...
Anyway, I'd appreciate any comments folks might have. Send them to angus@geoapps.com .
Here's the letter:
Carolyn Schurr Davis
Vice President and General Counsel
Ziff Davis Media
28 East 28th Street
New York, NY 10016-7930
Dear Sir/Madam,
I am counsel for PC Magazine, which is published by Ziff Davis Media Inc. ("Ziff Davis"), and I write to protest your unauthorized use of Ziff Davis' copyrighted materials and trademarks.
More specifically, it has recently come to our attention that you are distributing on your geoapps.com website - http://www.geoapps.com/public/strings.zip - software installations that incorporate copyrighted and proprietary information, features and codes from one or more of our PC Magazine Utilities, including Strings. This activity is in clear violation of copyright law. Ziff Davis views very seriously any unauthorized use or infringement of our exclusive copyright and other valuable rights in our Utilities, as guaranteed and protected by law. We are vigilant in protecting those rights.
Accordingly, I hereby request that you immediately cease and desist from any and all actions to reproduce, distribute, publish, or prepare derivatives of any Ziff Davis content (including Utilities) or parts thereof, and from displaying the PC Magazine name and logo on your website. You simply may not utilize Ziff Davis materials or marks for these purposes irrespective of where you may find such materials.
Please advise me, within five (5) days of the date of this letter, of each instance of unauthorized reproduction of Ziff Davis' copyrighted materials, as well as your intention not to engage in such copying in the future. Once we receive that information from you, we will evaluate our damages and contact you with our damages demand.
This letter is not intended to be, nor should it be construed as, a complete or exhaustive statement of the facts relevant to this matter or of Ziff Davis' position or legal or equiatable rights or remedies, all of which are hereby expressly reserved. More specifically, Ziff Davis does not waive any right to take any action at anytime, whether or not consistent with this letter.
Sincerely,
Carolyn Schurr Levin
212-503-3561 fax 212-503-3560
carolyn_schurr@ziffdavis.com
