"Elite Boards"

        The idea of a "Public Library" has long been the excuse for "Elite"
BBS's to distribute pirated software.  Many may wonder where this all 
originated from.  A while ago, a BBS was busted for the distribution or 
pirated software.  They succesfully used the "Public Library" idea.  Since 
then, this idea has not worked well. Although it is possible to get away using 
this excuse... it is no longer likely.  I have looked up the exact law 
regarding the "Checkout period" and other things.

Section 201.24 Warning of copyright for software lending by nonprofit 
Libraries.
        (a) Definition. A Warning of Copyright for Software Rental is a 
        notice under paragraph (b)(2)(A) of section 109 of the Copyright Act,
        title 17 of the United States Code, as amended by the Computer
        Software Rental Amendments Act of 1990, Public Law 101-650.  As
        required by that paragraph, the "Warning of Copyright for Software
        Rental" shall be affixed to the packaging that contains the
        computer program which is lent by a nonprofit library for nonprofit
        purposes.

        (b) Contents.  A Warning of Copyright for Software Rental shall
        consist of a verbatim reproduction of the following notice, printed
        in such size and form and affixed in such manner as to comply with
        paragraph (c) of this section.
         
        Notice: Warning of Copyright Restrictions

     >     The copyright law of the United States (Title 17, United States
     >  Code) governs the reproduction, distribution, adaptation, public
     >  performance, and public display of copyrighted material.
     >     Under certain conditions specified in law, nonprofit libraries 
     >  are authorized to lend, lease, or rent copies of computer programs
     >  to patrons on a nonprofit basis and for nonprofit purposes.  Any
     >  person who makes an unauthorized copy or adaptation of the computer
     >  program, or redistributes the loan copy, or publicly performs or
     >  displays the computer program, except as permitted by title 17 of
     >  the United States Code, may be liable for copyright infringement.
           This institution reserves the right to refuse to fulfill a loan
        request if, in its judgement, fulfillment of the request would lead
        to violation of the copyright law.

        (c) Form and manner of use.  A Warning of Copyright for Software
        Rental shall be affixed to the packaging that contains the copy of
        the computer program, which is the subject of a library loan to 
        patrons, by means of a label cemented, gummed, or otherwise durably
        attached to the copies or to a box, reel, cartridge, cassette, or 
        other container used as a permanent recepticle for the copy of the 
        computer program.  The notice shall be printed in such manner as to
        be clearly legible, comprehensible, and readily apparent to a casual
        user of the computer program.

        Dated February 14, 1991.
        Ralph Oman, Register of Copyrights
        Approved by James H. Billington, The Librarian of Congress

        Well there it is, it is legal to distribute copies or registered 
programs, BUT there are many stipulations.  Although, most boards need not 
worry since the major companies are mainly concerned with the people that 
copy thousands of programs, and then sell them overseas.  Fight the Power!

                                                        -AAA '94