NODE 9922140fPlease refer back to the original purpose of the message
jdwilson@gold.chem.hawaii.edu (Jim Wilson (VA))Sun, 27 Mar 94 16:31:56 PST
Mr. May et al:
The couple of lines re pornographic language seems to have diverted
the apprecation of the problem reported in the message. This message
is about whether or not Compu$erve should get away scott free for bullying
one of their subscribers while they attempt to steal use of his trade-
marked software which he had been offering on Compu$erve for some time.
Please reread the msg.
> Forwarded from a message on InterNet:
> Forwarded message:
> > X-Mailer: ELM [version 2.3 PL8]
> > To supporters of freedom of speech - please read, act and
> > share this as your conscience dictates:
> > Unofficially excerpted from Infoworld 3/7/94 Brian Livingston's
> > Window Manager column.
> >
> > "Can CompuServe succeed in silencing Windows dissenters? Having
> > your electronic mail account cut off is the modern equivalent
> > of solitary confinement. Many services I use, such as Microsoft
> > Windows forums, exist exclusively on systems such as the CompuServe
> > Information Service. There is no other place for information.
> > "That's why I took notice when CompuServe threatened to cut off
> > a subscriber's account if he even mentioned on-line a lawsuit that
> > the company filed against him.
> >
> > "Compuserve filed suit January 31 in Federal District Court in Ohio
> > against Richard S. Patterson, the developer of a shareware program
> > called Windows Navigator (WinNAV), which he has distributed on
> > Compuserve for several years.
> >
> > This suit came about after Patterson complained on a Compuserve
> > forum last December that the company's plans to release a product
> > called Windows Navigator infringed upon his trademarks.
> > "Prior to initiating the suit, Compuserve modified the name of its
> > product to CompuServe Navigator, Windows Version. It asks the court
> > to find that Patterson has "no trademark rights" that it has
> > infringed, and for an unspecified monetary penalty.
> >
> > "I don't know who will prevail in this suit. But what really
> > bothers me is this threat in a letter to Patterson dated January 31,
> > from Kevin J. Osterkamp, Compuserve's attorney in the firm of
> > Roetzel and Andress, of Columbus, Ohio;
> >
> > "I am as legal counsel for Compuserve compelled to advise you that
> > it is Compuserves position that you will be terminated if you
> > mention, discuss, or comment upon the lawsuit or the issues
> > related thereto as a part of the CompuServe Information Service.
> > Termination will also result from any other disparagment of
> > Compuserve, its management, employees, or business practices.
> >
> > "I've never met Mr. Patterson, but I know him tangentially from
> > his other software, Zip Tools, which appears in Windows Gizmos.
> >
> > "My columns have promoted CompuServe many times, so I asked for
> > it's position. The gist of the reply I received from Mr. Oster-
> > kamp was this:
> >
> > "Regarding the case of Compuserve vs. Patterson, my ethical
> > obligations (and Mr. Patterson's) prohibit me from commenting
> > directly on the case. I can, however, assure you that our
> > request that Mr. Patterson stop using Compuserve's online
> > services to disparage the company is simply good, old-fashioned
> > common sense. After all, why should CompuServe - or any online
> > service - allow a disgruntled party the opportunity to bad-
> > mouth the company in its own forum?
> >
> > "Why, indeed? It's called "a free exchange of ideas." It is
> > much sought after by people around the world.
> >
> > "If AT&T could cut off my phone because I criticized them while
> > using long distance, we would be in very serious danger of losing
> > our freedom.
> >
> > "It is unclear whether electronic services are "common carriers"
> > (like AT&T) that must carry all communications, or "publishers"
> > (like magazines) that are legally responsible for the words they
> > choose to print.
> >
> > "But Compuserve knows which it prefers to be. In separate cases,
> > it has been sued by the National Music Publishers Association and
> > Cubby Inc. for distributing material uploaded by subscribers.
> >
> > Compuserve argues that it should be free from any liability
> > because "it is a distributor and not a publisher."
> >
> > "Our future "information highway" will inevitably center on just
> > five or six giant corporations. That's why it's so important
> > that access not be denied to someone whom these entities don't
> > like.
> >
> > "Do me a favor. Sit down right now and tap out a message to
> > Mauryve Cox, the CEO of Compuserve. His I.D. number is
> > 70003,1550. Tell him how important it is to you that no one
> > be denied access to Compuserve forums. Send me a copy,
> > if my account still works after this column appears.
> >
> > (Brian Livingston is the author of "Windows 3.1 Secrets" and
> > "More Windows Secrets", and co-author of "Windows Gizmos."
> > Send tips to Compuserve: 70053,2035; or fax: (206) 282-1248.)
NODE 0bd0a1c0Re: Please refer back to the original purpose of the message
tcmay@netcom.com (Timothy C. May)Sun, 27 Mar 94 16:48:27 PST
Jim Wilson writes:
> Mr. May et al:
>
> The couple of lines re pornographic language seems to have diverted
> the apprecation of the problem reported in the message. This message
> is about whether or not Compu$erve should get away scott free for bullying
> one of their subscribers while they attempt to steal use of his trade-
> marked software which he had been offering on Compu$erve for some time.
>
> Please reread the msg.
(very long message about Compuserve deleted to save space)
Being the only Mr. May on this list, so far as I know, I'll comment.
This even though I have no idea what Jim Wilson is talking about.
I haven't commented on the Compuserve thread; my only "pornographic
language" that I recall had to do with some comments on Kurt Vonnegut
and Brad Huntting on censorship. Where this thread may've started is
immmaterial to my comments.
Frankly, I deleted the Compuserve-related message, as I have no
interest in the internal politics of Compuserve and its customers.
Corporations like Compuserve are free to pick and choose their
customers, just as customers are free to pick and choose those they
buy their services from.
The issue of whether "Windows Navigator"--if I remember the name
correctly--is the name owned by J. Random User or Compuslave or the
Republic of Ruritania is hardly something we are in a position to
evaluate from the one-sided posts presented here.
I have no desire to "reread the message," nor do I enjoy being accused
of "diverting" the meaning of your message, Jim. People read what they
want to read and write what they want to write.
--Tim May
NODE 79b3a32eRe: Please refer back to the original purpose of the message
jdwilson@gold.chem.hawaii.edu (Jim Wilson (VA))Sun, 27 Mar 94 17:18:59 PST
Tim:
I misunderstood the message chain and appologize for the same.
Jim