From: jdwilson@gold.chem.hawaii.edu (Jim Wilson (VA))
Date: Sun, 27 Mar 94 16:31:56 PST
To: cypherpunks@toad.com
Subject: Please refer back to the original purpose of the message
Message-ID: <9403280132.AA19452@gold.chem.hawaii.edu>
MIME-Version: 1.0
Content-Type: text/plain


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.)