Date   : Tue, 03 Jul 1984 03:55:00-EDT
From   : Jerry E. Pournelle <POURNE@Mit-Mc.ARPA>
Subject: Magazine Articles

As a general case, software in magazines is copyrighted; the
ownership of the rights involved depends on the contract between
author and magazine.  Most magazines buy "all rights" and give
back most to the authors; some professional authors however
never sell anything but "first serial" or some such.  
       Thus articles in magazines and programs in magazines
have about the same status: you'd not take a short story from
Analog Science Fiction and put it on the net for all to use
without the author's consent, would you?
       Some authors will give their blessing.  Some authors
would but they don't own the rights and the magazines won't.
       Eventually there will be on line versions of those
programs and download fees (reasonable) which will take care of
your problem.
       Meanwhile, if you type in a program from a magazine and
run it, you are on safe ground; this is clearly "fair use" and
indeed how could you enjoy the magazine which you bought if you
could not?  If you give a copy to a friend, you are in technical
violation of someone's -- probably the author's -- rights, but
no one is likely to complain.  If you type it in and sell it you
are clearly in violation of both ethics and the law.
       Putting it on a bulletin board is, therefore, clearly
illegal; in the past, before there was any way for authors and
publishers to exploit their rights, no one much cared, and
indeed many BYTE programs went the user group and club rounds
with blessing; but now, when it is getting possible to put the
programs on line and charge, I think the authors are entitled to
some consultation.  Many will of course give their programs
away.  
       Some cannot afford to do that.
       I could not afford to give my stories and novels away; I
have no other source of income.  I expect that some programmers
must feel the same way about their programs.
JEP