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The Syndicate Report Issue 22 (part 2)
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THE SYNDICATE REPORT
Information Transmittal No. 22
(Part 2 of 2)
Released April 10, 1989
Featuring:
Copyrights and The Syndicate Report Magazine
Phry Code Pro, PC Pursuit Password Hacker
...Hot on the Drawing Board
Brief Notes from the Report
"Wait, The Briefcase is Ringing"
by The Sensei
Editor Syndicate Report Magazine
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EXPOSITION: TSR
Once again, The Report accepts outside sources. Anybody can write/provide
information to The Syndicate Report. Articles/Information may be provided
through RADIO WAVES Bulletin Board System 612-471-0060. Any info such as
Busts, Phreaking, Hacking, Data / Telecommunications, and new developments
on any the previous mentioned specialties will be: accepted, labeled, and
given full actual credit to the article/info provider(s), or writer(s). --
** All articles have been presented by me unless shown at the end of the
article as the information provider(s), or writer(s). **
___________________________________________________________________________
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COPYRIGHTS AND THE SYNDICATE REPORT MAGAZINE: TSR (cit 4\8)
I should say fromthat start that every word of this article is copyrighted,
up to the "BBs and Law] read Forward" text. If you dare to use one word of
it, you may get sued.
Of course that's a rediculous position; a copyright doesn't cover each
word, only the expressions of ideas. If your a hobby Editor, such as I, the
distinction bewteen individual words and ideas blurs.
After a few years of publishing The Syndicate Report, I finally received
some contreversy over (c)opyrigted material, on TSR. TSR #21 published an
articles entitled, "Cyberpunks" Vs. The Media." The pointed straight out that
the article appeared in a Minnesota paper, local to me, and it contained SOME*
verbatim (word for word) words/ideas by the NYTimes, distributed by Star and
Tribune, Minn. I rarely do such acts, that's why I told readers straight out
that I, The Sensei, took phrases and ideas from the paper.
This is the response it received from a TC Citadel System, Citadel-86.
Some of the initial feedback from the article wasn't available, but most of it
just said something like: "Someone should turn in TS for copyrighted material."
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BBSs and the Law] read Forward
89Mar06 8:25 am from Al Iverson
It really has to be a C in a circle, not just (c). Otherwise SPELL copyright.
89Mar06 8:43 am from Linden Arden
Sensei, I and a few others here make our living from writing, and when you
blatantly break copyright laws you're threatening our livelihoods. Similarly,
uyou're threatening the livelihoods of programmers and designers who copyright
their products. And your assertion that the NYTimes breaks copyright laws all
the time is absurd.
89Mar06 11:16 pm from RR
Why would "information related to hacking" mean that the phone company should
be notified? Have they been appointed as thought-police? The common UNIX
passwords file is very useful to system administrators as examples of
passwords that should not be used. Seems to me that Sensei is running a BBS
that provides information on an interestig subject. Unless the first
ammendment has been suspended there's nothing the phone company can do about
it.
89Mar09 8:24 am from Linden Arden
Sensei, it's the principle here. You're ripping off someone's
intellectual property. In this case, you have no right to break copyright laws
any more than you have the right to shoot down schoolkids with an Uzi. You
have no inherent rights whatsoever, by the way.
89Mar09 9:35 am from Mr. Dave, II
Look up the "Fair use" laws, posted at your neighborhood kinko's. They might
have some revelence to this topic.
89Mar09 12:57 pm from Philosopher
LA: I think that's a bit extreme -- ripping off makes it sound like he's
doing it for some grand profit motive. It's true, technically posting it on a
BBS is publishing -- but it's more akin to clipping out the Dear Abby column
and sending several xeroxes to friends you think might get a kick out of it.
Whether this falls under "fair use" I don't know, but it's borderline. As
long as the poster acknowledges the author, I see no real offense in posting
small pieces or excerpts from larger pieces. Maybe this wouldn't hold up in a
court of law, but in principle I think it's a good compromise. I'd also like
to point out that in no way is posting this stuff on a BBS in direct
competition with the original newspaper -- people aren't suddenly going to
stop reading the paper because a few of its articles also appear on a BBS. If
he were to upload the entire* paper, daily*, then that would be different.
Professionally, he should write the author for prior permission -- but as a
pragmatic matter that rarely happens, and there is an accepted gray area in
which "correct procedure" is not followed, but neither is it regarded as a
heinous crime. How many times have you quoted an author without acquiring
"prior permission"? It depends upon how much you take I guess -- and in this
instance, maybe he did step over the line. Still it's a judgement call. I
think it's within acceptable limits. I do defer to the sysops judgement in
these matters though -- it is his board, and his neck. Apparently you feel
that he went "way out of bounds" in doing this. Pardon my discredulity, but I
just don't see it.
89Mar09 1:54 pm from Linden Arden
This doesn't fall under fair use. It's the principle, Philo--are you saying
that we are free to break and bend laws AND moral principles that we happen
not to agree with. BOOM! I just shot you. Hey, I don't agree with those laws
or our society's frowning on such behavior, so that makes it all right.
I don't necessarily agree that there is a grey areas here--he stole someone
else's intellectual work. That's legally and morally wrong. You can
rationalize the behavior all you want, but the fact is that the computer
industry as a whole as little regard for protecting intellectual property--and
if you use just onebootlegged piece of software, Philo, you're as guilty as
anyone--as witnessed by Vince's trashing of Hue's developmental rights to
Citadel.
I just don't see how you can say that there is a gray area here. Saying that
no harm was done is not an acceptable defense--it can be a mitigating area
when meting out punishment, but not when discussing right and wrong. Sure, in
theory prostitution is a victimless crime, but it's still disgusting to most
people.
89Mar09 7:47 pm from The Sensei
Well, Philo took and Silver took my ideas right out of my head. I should
have put a (c) on them.
I'm am not in play with news publishers of any magazine. I'm sure they laugh
at many people that type up their articles and exhibit them around. The guy
that wrote it is on easy street, and a little BBS mongler posting it really
has nothing to do with his own moral feeling. I suppose I shouldn't be all
one sided. You are partly right. But I have no morals when it comes to a
little article, posted by Star/Trib., from the NYTimes.
Let me ask you this, have you never took a clipping out of a newspaper, and
used it for your own material(s)? Whether it be on paper, or mind, I think
the world is just a huge plagerized house of minds. Original ideas are hard
to come by in America - you have to be on top of things. The article was
about "Cyberrpunks.." and poorly written. That's the first time I've typed up
something like that piece by piece. Come to think of it, I only used half the
article. I verbally tore the article apart, it was so bad. They have no idea
what a hacker is. None of them have lived the life...like I and others have.
89Mar09 11:18 pm from RR
Given that Sensei put his own comments in the article, it would seem that his
use of it can be classified as a "review". Copyright law does allow material
to be quoted in reviews. It would have been more proper to paraphrase
portions, though. Note that newspapers often paraphrase other papers'
stories, the giveaway is the lead, "in a copyrighted ariticle, the Daily
Planet said....". They then go on to tell you eveything in the original story
via paraphrase.
89Mar09 1:00 pm from Cylise
Sensei, could you explain your moral code to me? I've seen your posts around
for a year or so on various boards and seen you in person and the only code
I've observed you to have is that you want your father to pay for your
education, nice car and (exquisite (I liked them)) clothes and get annoyed
when anyone damages anything you have. But you have never stated anything
that indicates what you* feel obliged to do for the world. Only what you feel
you can take from it. Am I reading you incorrectly? Or are you assuming
you'll have a light and easy ride through life and that anyone who doesn't do
so too is not too bright?
89Mar10 10:52 am from Linden Arden
Sensei--using one copy for one's own use is debatable, though allowable for me
since I'm a journalist and have exception because of fair use laws. And your
making a copy for your personal use isn't the issue--it 's retying an article
and then posting it on a BBS that is the issue!
89Mar10 10:54 am from Linden Arden
RR--You can only copy a certain percentage of lines for a "review"; fair use
does not extend to copying an entire or even half of a published work. That's
why J.D. Salinger was abnle to block publication of a book based on his
letters to other people--the publisher said that the publication of the
letters was fair use, but the court said that since the letters made up the
bulk of the book, there's no way publication could constitue fair use. In
poetry, also, you're only allowed to quote so many lines before it becomes a
violation of fair use.
89Mar10 10:55 am from Linden Arden
Also, RR, when you gove credit to the Daily Planet and paraphrase, you're not
using the original article word for word. Your example is moot.
89Mar10 11:16 am from Shoe
A recent Federal Appeals Court decision applied the doctrine of sovereign
immunity to copyright infringement - ie you can't sue a state agency
(apparently including a state university) for copyright infringement. The
Supreme Court recently refused cert on appeal although apparently they may
take another case winding its way through the system in the next session. Some
in Congress are (I think rightly) peaved at the situation and are proposing
legislative remedies.
89Mar10 10:27 pm from Pete Moss
Fascinating exchange. Philo got pooh-poohed but I liked his point. The reader
population here must pale in comparison to the Strib, much more analgous to a
group of acquaintences pinning thoughts to a corkboard. However, Linden's
posts are good, and so was Cylise, and Aneome's and Silver Fox's!
And how about if this was a closed system? Not public. Wouldn't that change
the legal arena as to interpretation of the laws? Definitely no profit
motive. And no competition to the source. I was under the impression that
giving the source and author was sufficient. Was that just uneducated rumor?
89Mar10 11:41 pm from RR
Linden, I was suggesting that Sensei paraphrase -- not claiming that he was
kosher because he did paraphrase, clearly he didn't.
Also, please explain your claim of journalistic immunity. What can you do
that we can't? (As I recall my journalism law, circa 1975 U of M School of
Journalism, the idea of special journalistic privalege is more a tradition
that a strictly defined set of court decisions and legislation.)
The openess of the forum or the profit/non-profit nature of the use has NO
BEARING on whether or not an action violates copyright law.
89Mar12 8:17 pm from The Sensei
I'm just saying it's not a big deal to copy something. It's only a lousy
newsletter. I get no money, no sex, no drugs, no nothing for doing it. Wait,
sometimes I get a pat on the back....a good word about it, then and there...but
that's it. Nothing worth crying over.
And thank you for an idea on my next Editorial - maybe in TSR22. I planned
on a PCP Security party II for #22, but I like the copyright deal.
Cylise -- I don't remember meeting you. It would have had to been at Uv's.
But you all the sudded know my life story after a brief HELLO? Or whatever it
is we did?
As for the world, I love it - When it loves me.
89Mar13 12:02 am from RR
Sensei, make sure you note Linden's response to my questions about his
"special " journalistic privilage. Remember, anything he brings up applies to
you, too (since you're the editor and publisher of TSR).
89Mar13 12:33 am from Hiram
To reach back a bit, Sensei seems to be under an impression that the Strib
takes articles from the NYTimes, and simply publishes them...The Strib
subscribes to the NY Times Syndicate and pays good money to publish those
pieces...The same money as any puny newsletter would have to pay if it
published thoses pieces.
As for whether or not this situation constitutes a grey area...say for the
sake of arguement that one could plead and stammer in a court of law, and end
up getting away with it...how does that give a guest user on this board any
right to put the host in danger of a civil suit? That goes beyond rudeness,
and should be punished by having all of your vowel keys on your keyboard
removed.
89Mar13 4:00 am from Cylise
That's why* I was asking what your morals are, Sensei. Becuase I don't* know
and have had only your posts to go on. I am curious.
89Mar13 8:05 am from Linden Arden
Yeah, Sensei, the person who's in danger here is Hue. Under the law, there's
no difference in uploading commercial software and uploading copyrighted
articles.
SF--I don't think the psych department's intepretation of the 1983 ruling
was correct, to be honest--there's no way fair use can be stetched to 25 or 30
pages from a textbook. And a university is NOT a state agency, so that angle
is not valid.
89Mar13 2:50 pm from Linden Arden
Journalistic use just means I can make as many photocopies as I want for
reference work. I can't quote anything without invoking the fair use doctrine.
89Mar14 2:29 am from Hue, Jr.
Linden, the files Sensei has been uploading, unless I'm mistaken, are just
TOCs (Tables of Contents.) for what he actually distributes.
89Mar14 10:00 am from Linden Arden
I see. Then there's nothing wrong with anything on this end.
89Mar15 7:48 am from shoe
I'll dig around and find the statutory definition of fair use and post it - it
takes into account so many factors, there's something for everybody.
89Mar15 3:34 pm from Al Iverson
Who really cares. If you have a problem, either sue him or simply do not read
TSR. He's not forcing you to.
And I don't understand where some of you people get the privilege of judging
another person's moral values. This really bothers me. Who gave *you* the
right? All he has done is attempted to make an interesting newsletter.
89Mar15 3:40 pm from Linden Arden
Who was judging his moral values?
89Mar16 1:25 am from Hue, Jr.
Hey, that's half the fun, anyways. Why BBS otherwise?
89Mar16 2:49 pm from Al Iverson
I'm working on that one <grin>.
89Mar17 12:02 pm from The Sensei
I have morals. Just believe me. If I sound like I don't, that's just the
dark side of me typing - over these under cover telephone lines.
Please don't sue me, I'm just a college kid (kid). Money I have and don't
have - it's just from parents, but am I bad for that?
As for copyrights. Al said it all, if your offended, don't read it -
comment freely. I like different ideas, since I think about copyrights all
the time...when I type up a quick article, such as the one in Strib.
And yes I know Strib pays NYTimes. That's obvious.
And for the people that are protective of Hue, he's a big boy. And it
sounds like your bown nosing.
BBSs and the Law]
(...the discussion came to a sudden end, everyone content.)
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-TS, Editor here...
I don't advocate letting ANYONE plagiarize the word-for-word/ideas of any
type of material. But in the case of a Hobby Editor, such as I, it should be a
free-for-all. Modern information exchange wouldn't be very far along today if
everyone who added a word copyrighted it and strove to protect the copyright.
Comments? ...dial Radio Waves - leave them on the REPORT sub area.
:::::::::::::::: Discusssion (HEAT) from a Prominent Cidatel :::::::::::::::
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PHRY CODE PRO, PC PURSUIT PASSWORD HACKER TSR (t.e/t.s 4\9)
...HOT ON THE DRAWING BOARD:
by The Exciter, Phry Code Pro
(Edited by The Sensei, TSR!E)
Phry Code Pro v3.00 will be coming out soon! MAJOR changes exist in
version 2.xx, with a 100% improvement over v1.20. Phry Code Pro (PCP) is
now much more 'user-friendly,' thanks too suggestions from users.
Right now most of you should have v2.11, or later. Now, here's a
list of current improvements in Phry Code Pro v2.xx and v3:
Hacking Single Plate Style (SPS). Hacking Flagged Plate Style (FPS).
Adding a plate Viewing/Editing a plate
Flagging a Plate 100% User-friendly handling
...and more to come.
Although the probability of getting a valid code is very low, I cannot fix
this. Right now, this is probably the best way to get codes. It may take a
long time to get a valid code, but it WILL happen. Phry Code Pro is very
reliable, and v2.11 should have ALL bugs fixed that were in v1.20.
(Including that lame 'Enter the ID to Hack :' one!)
I am open to all suggestions and comments. PLEASE, tell me how I can
improve PCP v2.11 to fix all users needs. PC Pursuit is the safest way to
call LD, phreaking is very dangerous. The following is a short brief list of
PCP's history...
_____________________________________________________________
PHRY CODE PRO HISTORY
10/06/88 - Phry Code Pro was just a REAL generic PCP Hacker used for myself
and a few friends. It didn't have a name yet.
01/30/89 - Well, first official copy was released. I named it finally.
All options have been enabled. And, then source was not
included. The reason is, the 10/06/88 version was stupid
and I didn't care. This one is a lot better.
02/02/89 - I fixed a few bugs in the source. Pretty much the same as
01/30/89 version.
02/07/89 - Fixed the repeating code bug. I also added the beeping when
contacted, I forgot to put that one in there.
02/26/89 - PCP is now compiled in Turbo Pascal 5.0! It should be a little
faster and will be a little more reliable. I also made a more
detailed documentation.
03/19/89 - Well, Phry Code Pro has gone through some major changes! Well,
first of all, I changed the formats of hacking a lot. Now,
PCP (Phry Code Pro) is user friendly. You can hack multiple
IDs and other neat stuff! The documentation is now full of
all the things you need to know!
03/27/89 - I fixed a few minor bugs. No external differences. I also
fixed the modem setup. It was locking up computers because
the comport was not set right. It will now init the modem
before hacking.
04/02/89 - Fixed the runtime error that people were receiving if the
port was not open. Not really a big deal but it looks
nicer!
_____________________________________________________________
PROBLEMS?
If you should have problems with PCP v2.11, I can be reached on
various boards around the US and Canada. I call the Minnesota
boards the most so drop me a line on whatever you can find.
* The latest version of Phry Code Pro can be found on
Radio Waves (612) 471-0060, in Minnesota (MNMIN by way of PCP). *
::::::::::::: The Exciter is a contributing programmer/writer ::::::::::::::
:::::::::::::::::: of Phry Code Pro (PCP), Minnesota 612 :::::::::::::::::::
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::::::::::::::::::::::::SYNDICATE REPORT BRIEF NOTES::::::::::::::::::::::::
// FAX Will Fly Off The Plane //
GTE Airfone Inc., which operates telephones on commercial airlines, is
testing fax machines on a few flights. And it might begin installing telephone
jacks at airplane seats so passengers can transmit information from a personal
computer while in the air to a computer on the ground.
_____________________________________________________________
// The Briefcase is Ringing //
Making calls from a shoe phone was a popular device on the "Get Smart" TV
series. But today business travelers really are making calls on briefcase
phones. Secure Technologies Inc. is selling an $8,850 briefcase that contains a
cellular telephone, computer, fax machine and printer. Since it started selling
the 24-pound briefcases in October, the company has sold about 200.
::::::: Information provided by 3-In-One Dublin / 919 :::::::
_____________________________________________________________
// Options Added to Voice Line //
VoiceCom Systems has added 3 new service options to its voice messaging
product line, extended its worldwide communications network, and created a new
business unit to develop and implement custom voice response applications.
VoiceCom also introduced Guest Mailbox service, which allows VoiceCom customers
to temporarily assign special voice mailboxes to their customers and vendors.
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TSR will accept additional sponsor/support Systems. If you have a certain
interest in the Report, and wish to provide support to TSR -- Leave your BBS
number -- and any other information on RADIO WAVES Bulletin Board Systems.
____________________________________________________________________________
____________________________________________________________________________
The Hack Shack @ :: 214-422-4307 ----------- Lanatic Labs :: 415-278-7421
Login: Any UNIX default pass P/H System
Tiamat's Temple :: 612-731-0296 ----------- Hysteria Prl :: 612-557-2811
P/H-Files Unix!Proline System
RADIO WAVES System :: 612-471-0060
- Syndicate Report Support BBS -
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This concludes this Transmittal No. 22
(Part 2 of 2)
Released April 10th, 1989
by The Sensei
Editor of the Syndicate Report
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