ST Report: 10-Jul-92 #828
From: Bruce D. Nelson (aj434@cleveland.Freenet.Edu)
Date: 07/11/92-11:41:24 AM Z
From: aj434@cleveland.Freenet.Edu (Bruce D. Nelson)
Subject: ST Report: 10-Jul-92 #828
Date: Sat Jul 11 11:41:24 1992
*---== ST REPORT INTERNATIONAL ONLINE MAGAZINE ==---*
"""""""""""""""""""""""""""""""""""""""
"The Original 16/32bit Online Magazine"
from
STR Publishing
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July 10, 1992 No.8.28
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R.F. Mariano
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_____________________________________________________________________
> 07/10/92 STR 828 "The Original * Independent * Online Magazine!"
""""""""""""""""
- The Editor's Desk - CPU Report - PORTFOLIO NEWS
- ONLINE GROWTH UP - NINTENDO LOSES! - THE "HOLE" STORY
- MOD HACKERS BUSTED - LEGAL RIGHTS! - BLUE RIDGE FEST
- BRODIE ON DELPHI - DRAGONWARE CO. - STR Confidential
-* MORE FALCON SPECS! *-
-* CIS MAUG POSTS REWARD! *-
-* NEXT & ATARI?? *-
==========================================================================
ST REPORT INTERNATIONAL ONLINE MAGAZINE
The Original * Independent * Online Magazine
-* FEATURING WEEKLY *-
"Accurate UP-TO-DATE News and Information"
Current Events, Original Articles, Tips, Rumors, and Information
Hardware - Software - Corporate - R & D - Imports
==========================================================================
STReport's BBS, The Bounty, invites BBS systems, worldwide, to
participate in the Fido/TurboNet/Atari F-Net Mail Network. You may also
call our BBS direct at 904-786-4176, and enjoy the excitement of
exchanging information relative to the Atari and other computers worldwide
through the use of excellent International Messaging Networks. SysOps,
worldwide, are quite welcome to join the STReport International
Conferences. The Crossnet Code is #34813, and the "Lead Node" is # 350.
All BBS systems are welcome and invited to actively participate. Support
Atari Computers; Join Today!
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CIS ~ DELPHI ~ BIX ~ FIDO ~ FNET ~ TNET ~ INTERNET
EURONET ~ CIX ~ CLEVELAND FREE-NET ~ GENIE
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COMPUSERVE WILL PRESENT $15.00 WORTH OF COMPLIMENTARY ONLINE TIME
to the Readers of;
ST REPORT INTERNATIONAL ONLINE MAGAZINE
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NEW USERS; SIGN UP TODAY!
CALL: 1-800-848-8199 .. Ask for operator 198
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be online in no time at all!
WHAT'S NEW IN THE ATARI FORUMS (July 9)
VENDOR LISTING UPDATE BEING PREPARED...
We're preparing an update to the VENDOR.DAT file that works with the
VENDOR.ACC utility. (This is a quick and easy database of current vendors
in the Atari community that runs as a .PRG or .ACC and written by Bill
Aycock.) If you have any additions or corrections to our current
information, please post a message or send an Email to Ron Luks 76703,254
or Bill Aycock 76703,4061 as soon as possible.
INVISION ELITE
INVISION Elite is a black and white paint program. It has been in
intensive development over the past year and a half and is now being
introduced to the market from Power Thought Software. Download the
following files from LIBRARY 10 of the Atari Arts Forum (GO ATARIARTS):
INVIPR.TXT - Announcement of INVISION ELITE, mono paint program
INVDM2.ARC - Demo of mono paint program, part 2 of 2
INVDM1.ARC - Demo of mono paint program, part 1 of 2
NEW IN ATARI VENDORS FORUM (GO ATARIVEN)
Now available in LIBRARY 17 -- the newest Calamus SL demo. A big
download, but worth it.
Also look in Library 11 for PG22B.LZH, a patch for version 2.1 of
PageStream updating it to version 2.2B. Brought to you by the folks at
Soft-Logik.
The folks from CODEHEAD TECHNOLOGIES have uploaded a series of files
that will enable you to print out font charts of all the available URW
fonts available for Calligrapher. The files are now available for most
all printers in LIBRARY 16.
NEW SYSOP IN ATARI 8-BIT FORUM
Please join us in welcoming SYSOP*Jeff Kovach 70761,3015 to the staff of
the Atari 8-Bit Forum (GO ATARI8).
THE ATARI PORTFOLIO FORUM ON COMPUSERVE
HAS BEEN DESIGNATED AN
OFFICIAL SUPPORT SITE BY ATARI CORPORATION
"GO APORTFOLIO TO ACCESS THE ATARI PORTFOLIO FORUM"
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> From the Editor's Desk "Saying it like it is!"
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"The Falcons are coming..." "its a sure thing..." "hey man, they'll
be here in time for Christmas..." We've heard it all in the last few
weeks. Truth is nobody knows for sure if they'll be here on time or in
any appreciable numbers except Atari. Time will tell. I hope they
clobber the computer markets worldwide with this new machine. We all need
the enthusiasm fix.
On another very sad note. It seems STReport does not provide a
"significant value" to the ST RT. Therefore, the STReport Free Flag and
Free ST.REPORT account have been cancelled by Darlah Potechin, head sysop
of the ST RT. "Significant value" eh? Another "word game" <sigh>. Try
this on for size in the significant value department. [A] Twenty three
thousand some odd downloads per year are insignificant? [B] Almost eleven
megabytes (212 files) of uploads over the years are insignificant? [C]
Over ninety seven thousand accesses over the years are insignificant? ...
Yeah, right. Now, tell us all.. the _real reason_.
Oh well... so be it. I had a paying account before I was given free
access and I'll have a paying account once again. The nice part now is
there are absolutely "no strings attached" any longer. If the costs of
supporting the users becomes too expensive... well you all know the answer
to that. I was informed though, by a little birdie, that the "main
reason" for the punitive measures being taken was because STReport did not
emphasize more toward the ST RT and less toward the other services, the
reasoning being there is more activity in the ST RT and STReport was
making all the services "appear equal". Talk about wanting "suggestive"
composition. Truth is, we are here to support _all the services_ and
their respective compliments of Atari users. Reciprocally, the services
show their appreciation for the files and subscriber support by providing
the free access. Honestly speaking, the ST RT is the only area on any of
the services that has really ever complained and does so on an almost
continuous basis directly and indirectly. Now they have the distinction
of being the only ones ever to take such an negatively aggressive action
in attempting to impose its will upon the press. On the other hand, GEnie
itself, has treated STReport and its staff very well over the years. We
have no complaint with GEnie's management. They have shown every courtesy
and their genuine appreciation of our efforts at every opportunity.
As always, we are and will remain dedicated to the users. STReport
will never take on a "Pollyanna-like" attitude. We will continue to call
'em like we see 'em and provide the "other viewpoint". After all, its the
users who expect the bottom line without the pap and they deserve to be
told the real story. The truth is, its the _users_ who really support all
of us and actually make everything happen. They are and will continue to
be the _most valuable_ resource both Atari and the online services will
ever have. Unfortunately, there are still those in this community who
feel the Atari platform revolves around them instead. 'Tis time they
realized they... like us are here to support the users.. all the users.
The bright side of all this is the number of Atarians who have sent
STReport a GOF (Gift of Time). These folks are truly made of the "right
stuff" in our opinion. They actually typify the real Atarian, a free
thinking, outspoken individual who enjoys using a high quality computer at
an affordable price and won't stand still for unjustices of any kind.
STReport will remain on GEnie due to the resounding support we've received
in E-Mail and GOF support. Thank you everyone.
Ralph @ STReport International Online Magazine
ps;our new address on GEnie is ST-REPORT
THE STORM IS COMING!
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STReport's Staff DEDICATED TO SERVING YOU!
""""""""""""""""
Publisher - Editor
""""""""""""""""""
Ralph F. Mariano
PC DIVISION AMIGA DIVISION MAC DIVISION
----------- -------------- ------------
Roger D. Stevens Charles Hill R. ALBRITTON
STReport Staff Editors:
"""""""""""""""""""""""
Lloyd E. Pulley Sr. Dana P. Jacobson Michael Arthur
Lucien Oppler Brad Martin Judith Hamner
John Szczepanik Dan Stidham Joseph Mirando
Steve Spivey Doyle C. Helms
Contributing Correspondents:
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Michael Lee Richard Covert John Deegan
Brian Converse Oliver Steinmeier Tim Holt
Andrew Learner Norman Boucher Harry Steele
Ben Hamilton Neil Bradley Eric Jerue
Ron Deal Robert Dean Ed Westhusing
James Nolan Vernon W. Smith Bruno Puglia
Clemens Chin
IMPORTANT NOTICE
""""""""""""""""
Please, submit letters to the editor, articles, reviews, etc...
via E-Mail to:
Compuserve.................... 70007,4454
Delphi........................ RMARIANO
BIX........................... RMARIANO
FIDONET....................... 112/35
FNET.......................... NODE 350
NEST.......................... 90:19/350.0
GEnie......................... ST-REPORT
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> CPU STATUS REPORT LATE BREAKING INDUSTRY-WIDE NEWS
=================
Issue #28
Compiled by: Lloyd E. Pulley, Sr.
-- Online Services Grows 61% Since 1987
A new study estimates online services sales grew by 61.1% from 1987 to
1991 -- exceeding $9.6 billion last year -- and says sales are projected
to increase another 48 percent in the next five years, yielding a $14.2
billion market by 1996.
The 412-page "Online Services: 1992 Review, Trends and Forecast" study,
written by analyst Chris Elwell and published by SIMBA Information Inc.
of Wilton, Conn., also says:
-:- There were 5.4 million online service subscribers at the end of
1991.
-:- Leading online services posted a 6.7% sales increase in 1991
compared to 1990.
"Real-time online services made up half of the industry's 1991 sales,"
SIMBA said in a statement. "Business-oriented online services accounted
for 96% of 1991 sales. End user/consumer services were the fastest
growing segment, but were 4% of industry sales. The report predicts an
increase in this segment in the next five years of 145%."
-- Dell Corp. Exec's Take 5% Pay Cut
About 100 top-level executives at the Austin, Texas, Dell Computer Corp.
are taking a 5% pay cut as part of the company's attempts to cut costs.
-- U.S. to Ease Technology Export Controls
According to Acting Under Secretary of Export Administration Joan
McEntee, the U.S. is expected to further ease restrictions on high tech
exports, but will not eliminate them entirely. McEntee said she will
soon announce relaxed controls for selling computers to Russia and other
former Soviet republics. She said computers were important to economic
reform.
-- Digital Replaces 425C with 450DX2 and Cuts Prices
Digital Equipment Corp. struggling through hard times is replacing its
DECpc 425c personal computer with a new model, the 450DX2, which the
company says has twice the performance at the same price. The new 450DX2
features 4MB of memory and comes with either a 120MB or a 245MB hard
disk drive. The 450DX2 is priced from $2,499 to $3,299.
Digital also said it is cutting the base price for its entry-level DECpc
316sx to $935 from $1,449 and for its DECpc 320sx to $985 from $1,699.
It is cutting prices for its 20MHz 486 PCs by 12 to 18%, and for its
notebook DECpc 320P by 17 to 19%.
Before the end of the year, Digital expects to roll out a new generation
of computers based on a high-powered chip developed by the company
called Alpha.
-- CIS's MAUG Posts Reward to Catch Trojan Horse Uploader
CIS's Apple Computer forums have posted a $500 reward for information
leading to the arrest and conviction of the person who recently sub-
mitted a "trojan horse" rogue program to the MAUG/Macintosh Communi-
cations Forum's data libraries. The program, caught by the forum staff
in a routine virus check, apparently was designed to initialize an Apple
Macintosh hard disk and then destroy all files.
-- PC Magazine Circulation Hits 1,000,000
PC Magazine says that with the current issue, it will become the world's
first computer publication to pass the 1 million mark in paid circula-
tion. The magazine said its paid circulation has grown from 112,140
during the first half of 1983 to an average of 921,652 for the six
months ending last month.
-- UniStor Announces 2.5" Batter-Powered Hard Drive
UniStor Corp. today announced the new EasyStor(TM) Portable Data Module
(PDM) for IBM(R) PC and compatibles. Battery-powered EasyStor PDMs pro-
vide up to three hours of operation on a single charge and range in cap-
acity from 40-meg to 180-meg. EasyStor's design allows connection to any
standard parallel port and is operational within minutes. UniStor's
EasyStor measures 3.4 inches by 1.3 inches by 6.9 inches and weighs less
than one pound.
EasyStor PDMs also provide users with the convenience and security bene-
fits of a cartridge or optical drive without the drawbacks of expense
and performance degradation, incompatibility or complicated installa-
tion.
-- NEW YORK-BASED COMPUTER RING CHARGED WITH INTRUSION, TAMPERING
Five young New Yorkers wrecked a local TV station's education program,
left electronic grafffiti on an NBC news show, and got 176 credit
reports from the TRW credit information company according to a federal
indictment charging them with breaking into computer systems.
The computerists also allegedly broke into telephone switching computers
operated by Southwestern Bell, New York Telephone, Pacific Bell, U.S.
West and Martin Marietta Electronics Information and Missile Group.
Southwestern Bell contends it lost some $370,000 in 1991 because of
tampering by three of the defendants.
The group, known as "MOD" which stood for either "masters of disaster"
or "masters of deception," was accused in the federal indictment of
breaking into computers "to harass and intimidate rival hackers and
other people they did not like; to obtain telephone, credit, information
and other services without paying for them; and to obtain passwords,
account numbers and other things of value which they could sell to
others."
Indicted were Julio "Outlaw" Fernandez, 18; John "Corrupt" Lee, 21; Mark
"Phiber Optik" Abene, 20; Elias "Acid Phreak" Ladopolous, 22; and Paul
"Scorpion" Stira, 22. All are from New York City.
The indictment alleges that on Nov. 28, 1989, MOD destroyed the informa-
tion in the computer of New York's WNET Channel 13 Learning Link, a pro-
gram that provided education and instructional material to schools and
teachers in New York, New Jersey and Connecticut.
-- Nintendo Finally Loses One?
Industry sources are saying a federal court in San Francisco has ordered
Nintendo of America Inc. to pay $15 million in damages to Lewis Galoob
Toys Inc. Insiders are saying the court ordered the payment as compen-
sation for a court-ordered one-year suspension of Lewis Galoob's sales
of its Game Genie video game device, which Nintendo charged with infrin-
gement of the computer game maker's copyrights.
Nintendo is expected to appeal.
________________________________________________________________
> The Hole Story STR InfoFile .....a full-blown "ozone hole"
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THE HOLE STORY
THE SCIENCE BEHIND THE SCARE
by Ronald Bailey
Reason Magazine, June 1992
In early February, scientists with the National Aeronautics and Space
Administration ominously warned that a full-blown "ozone hole" rivaling
the one over Antarctica might open up over the United States during the
spring, zapping Americans with damaging ultraviolet sunlight. Time
showcased the story on the front cover of its February 17 issue, warning
that "danger is shining through the sky.... No longer is the threat just
to our future; the threat is here and now." Sen. Albert Gore (D-Tenn.)
thundered, "We have to tell our children that they must redefine their
relationship to the sky, and they must begin to think of the sky as a
threatening part of their environment."
Spooked by NASA, the Senate hastily passed, 96 to 0, an amendment
demanding that President Bush speed up the schedule for phasing out the
chemicals implicated in ozone destruction. Stung by the vote, Bush
changed the deadline for a complete ban on the refrigerants known as
chlorofluorocarbons (CFCs) from the year 2000 to the end of 1995.
Although NASA did not acknowledge it, the "danger" of an ozone hole
opening over the Northern Hemisphere had already passed less than a month
after the putative crisis was announced. By late February, satellite data
showed that levels of ozone-destroying chlorine monoxide had dropped
significantly, and scientists could find no evidence of a developing ozone
hole over the United States. One NASA atmospheric scientist told me that
the agency "really jumped the gun," while another drily commented that "it
was perhaps premature for NASA to say that something drastic was about to
occur." Why the rush? Why did NASA bureaucrats and scientists feel they
needed to frighten the American public?
The NASA revelations were exquisitely timed to bolster the agency's
budget request for its global climate change program, whose funding is
slated to double by fiscal year 1993. "This is about money," Melvyn
Shapiro, a meteorologist with the National Oceanic and Atmospheric
Administration, told Insight magazine. "If there were no dollars attached
to this game, you'd see it played in a very different way." One NASA
atmospheric scientist even wondered if it was only a coincidence that
Gore's new book of apocalyptic environmentalism, Earth in the Balance, was
published just days before NASA held its ozone press conference. After
all, Gore chairs the Subcommittee on Science, Space, and Technology, which
oversees NASA's budget.
And there was another reason for jumping the gun. Environmental
activists and their sympathizers in Congress and the bureaucracy were
anxious to push President Bush into attending the big United Nations
"Earth Summit" in June. Gore likened the alleged ozone crisis to global
warming and urged the president to sign the global climate change treaty
that is the centerpiece of the Earth Summit.
By now everyone (94 percent of Americans, according to one poll) has
heard that Earth's protective ozone shield is wearing thin and even has a
hole in it over the South Pole. The looming ozone catastrophe purportedly
will bring humanity withered crops, collapsing terrestrial and marine
ecosystems, skin-cancer epidemics, and populations with seriously
compromised immune systems. The culprits in this drama are a group of
industrial chemicals purveyed by greedy corporations to pampered and
spoiled consumers. Ozone depletion is the perfect ecological morality
play.
In a morality play, unfortunately, there is no place for ambiguity. Yet
the impact of CFCs on the ozone layer is a complex question that turns on
murky evidence, tentative conclusions, conflicting interpretations, and
changing predictions. It's tempting to ignore these complications,
abandon critical thinking, and join in the popular call for *drastic
action now*. But we do so only in defiance of reality, for it turns out
that ozone depletion is less a crisis than a nuisance, one that can and
should be dealt with in a calm, deliberate way.
Ozone, which consists of three oxygen atoms, is produced when
ultraviolet sunlight splits an oxygen molecule in two and the resulting
single oxygen atoms combine with ordinary, two-atom oxygen molecules.
Ozone in the stratosphere, some 12 to 40 kilometers above Earth's surface,
is continuously produced and destroyed. This cycle of creation and
destruction prevents energetic ultraviolet sunlight (in the
280-to-320-nanometer range) from reaching the surface, where it could
damage the delicate proteins and DNA on organisms. Ozone is chiefly
produced over the sunlight-drenched tropics, from which global air
circulation transports it toward the poles. If all the ozone in the
stratosphere were compressed to surface air pressures, it would make up a
layer only one-eighth of an inch thick.
The ozone layer first caught the public's attention in the late 1960s,
when some scientists claimed that the exhaust gases of a fleet of 500
Supersonic Transports (SSTs) would erode it. Environmental activists
leaped to oppose the SST program. Congress eventually killed the program,
giving the emerging environmental movement its first major victory.
Scientists later found that SSTs posed no great danger to the ozone layer.
The current ozone "crisis" began in 1974, when chemist Sherwood Rowland
and his post-graduate fellow Mario Molina calculated that chloro-
fluorocarbons had the potential to deplete seriously the sheltering ozone
layer. Rowland quipped to his wife, "The work is going well, but it looks
like the end of the world."
CFCs are extremely stable, nontoxic compounds widely used as coolants
in refrigerators and air conditioners. CFCs escape and waft into the
stratosphere, where energetic ultraviolet light breaks them down into the
highly reactive elements chlorine and bromine. One chlorine or bromine
atom can dismember thousands of ozone molecules. Rowland and Molina
predicted that increasing levels of CFCs could lead to a 7-to-13-percent
decline in stratospheric ozone during the next 100 years.
In 1978, as the result of an environmentalist campaign, the United
States became the first nation in the world to ban the use of CFCs as
aerosol propellants. In the meantime, ozone depletion predictions
fluctuated wildly as scientists calculated and recalculated what the
effect of CFCs might be. In fact, by 1984, the National Academy of
Sciences had concluded that total ozone might *increase* by 1 percent.
Then came the Antarctic "ozone hole." British scientists detected a
50-percent decline in ozone just when spring came to the frigid continent
in late September and early October of 1984. Many environmentalists and
some scientists believed that the ozone hole was a smoking gun that could
be traced directly to CFCs. But chlorine floating free in the atmosphere
simply could not destroy ozone fast enough to cause the hole. A mechanism
was needed.
Scientists eventually focused on the thin and very cold ice clouds that
float above Antarctica. These polar stratospheric clouds of water and
nitrogen compounds form only in the months-long and exceedingly cold polar
night. Every winter a strong and stable wind pattern called the polar
vortex swirls around the outer margins of the Antarctic land mass. Because
the air in the vortex is isolated from warmer air, it is chilled to below
-80 degrees Celsius.
Nitrogen oxides, which inhibit chlorine chemistry, freeze and drop out
of the stratosphere, leaving chlorine and bromine atoms and chlorine
monoxides free to attack ozone when the returning sun peeks over the
horizon at the beginning of the Antarctic spring in September and October.
In effect, the clouds are miniature chemical laboratories where chlorine
and bromine reactions powered by sunlight catalytically destroy large
quantities of ozone. As summer approaches, the clouds dissipate and the
hole is filled with newly produced ozone and ozone flowing down as usual
from the tropics. UV levels return to normal.
In 1987, concern about the Antarctic ozone hole led 34 countries to
reach an agreement in Montreal to cut world CFC production in half by the
end of the century. In March 1988, the day after the U.S. Senate ratified
the Montreal Protocol on Ozone, NASA's Ozone Trends Panel issued a report
indicating that ozone levels over the Northern Hemisphere had been
declining by 0.2 percent per year during the previous 17 years.
Alarmed, the governments of 93 nations agreed in 1990 to phase out the
production of most CFCs, halons, and carbon tetrachloride by the end of
the century. They also set up a $240-million fund, to which the
industrialized nations must contribute, intended to help the developing
world adopt new, non-CFC-based refrigeration technologies. The U.S. share
will total $40 million to $60 million.
Since 1990, the rate of increase in CFCs in the atmosphere has begun to
slacken, and atmospheric chlorine is expected to peak at a little over 4
parts per billion at the turn of the century. The chlorine level is
expected to return to 2 parts per billion, the level at which the ozone
hole first opened, after the middle of the next century. Despite these
projections, a sense of impending doom pervades discussions of the ozone
layer. Alarmists warn that the damage has already been done, and public
expectations about the impact of ozone depletion are tinged with panic.
Accounts in the mainstream news media ignore several key facts that would
help to put the supposed hazards into perspective. For one thing, the
ozone layer is not evenly distributed to begin with. Its depth is least
over the equator, where UV light is strongest, and greatest over the
poles, where UV light is weakest. There is generally twice as much ozone
over the high latitudes as at the tropics.
A 5-percent decline in the ozone layer would increase UV exposure about
as much as moving a mere 60 miles south - the distance from Palm Beach to
Miami, from Seattle to Tacoma. Furthermore, UV light increases at higher
elevations, so people who live in mile-high Denver receive much higher UV
exposure than do citizens of Philadelphia, which is located at the same
latitude. Yet few people factor the risk of UV exposure into their
decisions about where to live. Furthermore, Goddard Space Flight Center
scientist Arlen Krueger, who is in charge of the Total Ozone Mapping
Spectrometer, points out that ozone levels over the United States
fluctuate naturally by as much as 50 percent. These periodic wide swings
in ozone have no apparent effect on people, plants, or animals.
"There is no question that terrestrial life is adapted to UV," says
Alan Teramura, a professor of botany at the University of Maryland and
probably the world's leading expert on the effects of UV on terrestrial
plants. He adds, "Even at a 20-percent decline in ozone we are not going
to burn up all the plants on the surface of the Earth or kill all of the
people. We wouldn't see plants wilting or fruits dropping unripened from
their vines."
What would occur would be "subtle shifts" among plants: Those less
sensitive to UV would outcompete the more sensitive species. More UV
would lead to a gradual shift in the plant communities we would see around
us. The impact on plants, if any, by a 5-percent decline in ozone would
be masked by the greater effects of other climate factors, such as
drought, pests, and frosts.
Some crop varieties are sensitive to UV, so lower yields could result.
For example, Teramura found a 25-percent reduction in yield after exposing
one very sensitive variety of soybeans to a UV level corresponding to a
16-percent decrease in ozone. Apocalyptic environmentalists repeat this
finding endlessly as evidence of the dire effects we can expect from a
thinner ozone layer. But they fail to mention that Teramura also found
several types of soybeans that actually boosted their yields under
increased UV, while others were unaffected.
Teramura has discovered large variations in UV sensitivity among
different types (cultivars) of soybeans, corn, rice, and wheat. He tested
100 cultivars, including 40 types of soybeans, and found that 41 were
unaffected by or tolerant of UV. Teramura tested his plants at UV levels
corresponding to 16-percent and 25-percent reductions in ozone - decreases
that no responsible scientist predicts. Teramura's results mean that, in
the unlikely event that a thinning ozone layer ever becomes a real
problem, crop yields could be maintained by selecting UV-tolerant
varieties. Famine would not result from reduced ozone.
This conclusion is bolstered by the fact that in Minnesota UV levels
are half those of Georgia and Florida, yet corn and soybean yields in the
South generally exceed those in the North. The U.S. breadbasket is not on
the verge of being blasted out of existence by UV leaking through a newly
porous ozone layer. In fact, corn, wheat, rice, and oats all grow in a
wide variety of UV environments now.
Teramura's bottom line: "I would start getting concerned at a 10%
decline in ozone." Concerned, but not panicked. And he means a sustained
10-percent reduction, not transient fluctuations. So a small decline in
the ozone layer poses no great problem for the world's ecosystems. But
what about the Antarctic ozone hole that we hear so much about? Isn't UV
frying the penguins and the phytoplankton, bringing the ecosystem of the
Southern Hemisphere to the verge of collapse? Marine ecologist Susan
Weiler testified in 1991 at a hearing held by Sen. Gore that scientists
had measured phytoplankton growth-reductions of 6 percent to 12 percent
around Antarctica.
Marine ecologist Osmond Holm-Hansen of the Scripps Institution of
Oceanography gently dismisses Weiler as "more of a politician than a
scientist." Since 1988, Holm-Hansen has been intensively studying the
effects of UV on phytoplankton, the tiny marine plants at the base of
Antarctica's food chain. He found that increased UV may reduce total
phytoplankton growth in the full water column by 5 percent at most. He
adds that even if there were reductions of 6 percent to 12 percent in
phytoplankton growth rates, this would mean a 2-to-4-percent overall
reduction in the course of a year, which is well within natural variations
in the Antarctic ecosystem.
Holm-Hansen also points out that Antarctic phytoplankton naturally
tolerate similar levels of UV during the Antarctic summer and that
phytoplankton are able to adapt to higher UV levels. "Unlike the scare
stories you hear some scientists spreading, the Antarctic ecosystem is
absolutely not on the verge of collapsing due to increased ultraviolet
light," he insists. Even oceanographer Raymond Smith, who reported the
6-to-12-percent growth-rate declines, acknowledges that "the whole
ecosystem does not appear to be collapsing."
Ecological apocalyptics also predict that reduced global ozone will
mean massive increases in skin-cancer rates. Most light-skinned people
are painfully familiar with the damage that UV light can cause - namely,
sunburns. The incidence of non-melanoma skin cancer is strongly
correlated with exposure to UV light. The U.S. Environmental Protection
Agency predicts that every 1-percent reduction in the ozone layer will
cause a 3-percent increase in non-melanoma skin cancers.
But Temple University dermatologist Dr. Frederick Urbach, a consultant
to the U.N. panel on ozone depletion, says the EPA's extrapolations are
not very reliable. "You can crunch numbers in a computer and get whatever
result you want to come out," Urbach says. He notes that skin-cancer
rates have been going up dramatically in recent decades but adds that "the
increases are due to people spending more time outside, not more UV."
Moreover, the death rate for non-melanoma skin cancer is negligible, less
than 1 percent. "It takes real talent for someone to die of non-melanoma
skin cancer," Urbach says. "You basically have to ignore a hole in your
skin for years."
The weak evidence that UV may slightly lower the body's immunological
defenses (after all, sunburn damages the body's largest organ, the skin)
has also been greatly exaggerated. Gore and environmentalist Paul Ehrlich
even hint that increased UV may make the AIDS epidemic more virulent. By
contrast, Johns Hopkins University dermatologist Dr. Warwick Morison says
the evidence for UV immunosuppression in human beings is "very
incomplete."
Apocalyptics are also fanning fears of UV-induced epidemics. But the
United Nations Environmental Program says "it should be stressed that the
activation of viruses by UV is unlikely to result in an increased rate of
infection." In other words, no epidemics due to thinning ozone. In any
case, it's not even clear that global ozone is really declining.
University of Virginia environmental scientist S. Fred Singer notes that
extracting tiny trends from the data is fraught with difficulty because
the "natural variability [in ozone levels] is hundreds of times larger
than the alleged steady change." In the 1960s the ozone layer "thickened"
by 5 percent over the United States. The "thinning" in the 1980s just
about brings ozone down to earlier levels, which were not thought to be
harmful at the time.
In March, meteorologist Dirk De Mure and his colleagues at the Belgian
Meteorological Institute published a study showing that the instruments
used to measure ozone have probably mistaken reductions in atmospheric
sulfur dioxide (due to air-pollution controls) for declines in global
ozone. The reduced sulfur dioxide, they wrote, "has induced a fictitious
Dobson total ozone trend of -1.69% per decade." The researchers found
that, once the sulfur-dioxide trends are taken into account, there appears
to be a small upward trend in global ozone.
If ozone has declined globally, scientists should be able to measure an
increase in ultraviolet light at the surface. Yet there is no evidence of
increased UV reaching the surface in the Northern Hemisphere. In fact,
National Oceanic and Atmospheric Administration scientist John Delouisi
reports that the network of Robertson-Berger meters that measure UV showed
"an average surface ultraviolet radiation trend of -8 percent from 1974 to
1985 using RB-meter data from eight stations located in mainland United
States."
Furthermore, UV flux in the rural midlatitude Northern Hemisphere (the
United States) has declined by between 5 percent and 18 percent during
this century, according to NOAA scientist Shaw Liu. He attributes the
lessened UV to an increase in clouds and low-level haze resulting from
industrial activities. University of Virginia meteorologist Patrick
Michaels points out that if we were somehow to eliminate the haze, "the
increase in skin cancer would far outweigh anything caused by what we may
have done to the midlatitude stratosphere."
Moreover, it's wrong to draw conclusions about what might happen to the
stratosphere over the United States based on the Antarctic ozone hole.
"It's a purely localized phenomenon," says Guy Brasseur at the National
Center for Atmospheric Research in Boulder, Colorado. The polar vortex
limits its size. Brasseur expects the hole to disappear when chlorine
levels drop below 2 parts per billion in the next century.
Conditions are less conducive to ozone destruction at the North Pole
than at the South Pole. In contrast to Antarctica, the Arctic polar
vortex tends to break up before sunlight can reach it, owing to
atmospheric turbulence caused by the more variable geography of the
Northern Hemisphere. And the North Polar stratosphere warms up quickly in
the spring, so whatever chlorine monoxide forms is broken down and bound
up in nitrogen compounds that inhibit its ability to destroy ozone.
So why the furor over a possible ozone hole in the Northern Hemisphere
earlier this year? The chief reason is that atmospheric scientists
detected elevated levels (1.5 parts per billion) of ozone-destroying
chlorine monoxide. Despite the crisis atmosphere generated by NASA's
publicity in February, scientists had been predicting since last summer
that ozone might decline substantially in 1992.
Although all the evidence is not yet in, the chlorine-monoxide peak in
the Northern Hemisphere appears to be the result of the 20 million tons of
sulfur blasted into the atmosphere during the June eruption of the
Philippine volcano Mount Pinatubo. In the atmosphere, volcanic sulfur is
transformed into sulfuric acid droplets, which act like polar stratosphere
clouds by sequestering the nitrogen compounds that inhibit the formation
of chlorine monoxide. Linwood Callis, a scientist in the Atmospheric
Sciences Division at NASA's Langley Research Center, found that after the
Mexican El Chichon volcano erupted in the early 1980s, ozone was
significantly reduced worldwide. David Hofmann, senior scientist in
NOAA's Ozone and Aerosols Group, told Insight: "I couldn't understand why
NASA didn't come out and say that this could be a very unusual year
because of the volcanic eruptions, that maybe what we're seeing is
something that we'll never see again."
Despite elevated levels of chlorine monoxide and the attendant NASA
hype, scientists found no evidence of an ozone hole opening up over the
Northern Hemisphere this past spring. A small Arctic ozone hole could
develop during an exceptionally cold, still winter, but it would be a rare
and transitory occurrence. A Northern Hemisphere ozone hole, if it ever
occurred, would happen in February and early March, when people are
generally indoors or are well covered and sunlight is weak.
While the current scientific consensus is that CFCs are responsible
for the Antarctic ozone hole, some distinguished scientists still think
that it may turn out to be a natural and transitory phenomenon. The
University of Virginia's Singer points out that G. M. B. Dobson, the
inventor of the machine that measures ozone, reported very low ozone
values - only 150 Dobson units - over Halley Bay, Antarctica, in 1956 and
1957. (By contrast, in the 1960s and '70s, the level was more than 300
Dobson units.) Two French scientists recently published data showing
pronounced ozone decreases, down to 120 Dobson units, during the Antarctic
spring in 1958. These measurements were taken years before CFCs could
have caused any such decline.
NOAA meteorologist Walter Komhyr links both Antarctic and global ozone
depletion to sea-surface temperatures in the eastern equatorial Pacific
Ocean. Analyzing data from the last 25 years, Komhyr and his colleagues
found that when the eastern equatorial Pacific cooled between 1962 and
1975, global ozone increased. Conversely, when temperatures warmed
between 1976 and 1988, ozone declined worldwide.
Warm sea-surface temperatures dampen the circulation patterns that
replenish ozone supplies at the poles with the huge quantities of ozone
produced in the tropics. Warm sea-surface temperatures also retard the
winds that break up the circumpolar vortex at the beginning of the
Antarctic spring. A stable vortex prevents stratospheric warming that
would short-circuit the ozone-destroying chlorine chemistry, which can
take place only at temperatures below -80 degrees Celsius. After Komhyr
published these data, he says, a number of atmospheric chemists chewed him
out because they thought his findings might hurt funding for their CFC
projects.
If the Antarctic ozone hole may not be due solely to CFCs, what about
global reductions in ozone levels? The U.N.'s 1991 Scientific Assessment
of the Stratospheric Ozone acknowledges that "there is not a full
accounting of the observed downward trends in global ozone." The panel
nevertheless insists on attributing global ozone losses chiefly to
chlorine and bromine reactions, apparently because they "are the only ones
for which direct evidence exists." In other words, we'll blame CFCs
because it's the only explanation we have right now.
As noted earlier, however, NOAA's Komhyr thinks that some of the
decline in global ozone is caused by changes in atmospheric circulation.
Since the mid-1970s, he explains, weaker tropical winds have failed to
transport ozone-enriched air from the equator to the higher latitudes.
Callis, the NASA scientist, analyzes the destructive effects on ozone
of highly energetic electrons, the sunspot cycle, volcanic eruptions, the
dilution effect from the Antarctic ozone hole, and changing tropical wind
patterns. "CFCs come in a very poor last as the cause for lower levels of
global ozone," Callis says. He calculates that fully "73 percent of the
global O3 [ozone] declines between 1979 and 1985 are due to natural
effects related to solar variability." He also points out that global
ozone made "a significant recovery between 1985 and May of 1990." Since
we passed the solar maximum in 1991, ozone levels will decline naturally
until the buildup to the next solar maximum begins later in the decade.
Environmentalists often decry the 14 years supposedly lost to inaction
after Rowland and Molina first made their predictions about CFCs and
ozone. But it's not as if there was nothing to lose by imposing an
immediate ban. Environmentalists tend to discount the real and
substantial contribution to human well-being that CFCs have made.
Cheap refrigeration made possible by CFCs has been a tremendous boon.
For millennia people died because they could not prevent food from rotting
or becoming contaminated with disease organisms. Cheap refrigeration
permits fresh and healthy food to be transported by truck, train, and boat
to markets thousands of miles from where it is grown and harvested.
Primitive methods of long-term food preservation, such as salting and
smoking, filled foods with large quantities of potent carcinogens.
CFC-based refrigeration saved millions of lives and enabled billions of
people to enjoy much better diets of fresh meats, fruits, and vegetables.
Environmentalists can now point to new substitutes for CFCs. But many
are toxic and flammable, making them far more dangerous to handle. In
addition, the substances cost three to five times more. The extra cost
will delay the spread of desperately needed refrigeration to the
developing world, where food spoilage is a huge problem. It is probably
inevitable that many people will continue to go hungry because of the CFC
ban.
Aside from the cost of a ban, governments and companies have had to
contend with ambiguous data and shifting conclusions about the impact of
CFCs on the ozone layer. How many times have theories, put forth in good
faith, been shown later to be wrong? In the 1972 Club of Rome report The
Limits to Growth, a very distinguished group of scientists, including Jay
Forrester and Dennis and Donella Meadows, warned humanity that we would
run out of oil in only 20 years. Our government acted on that prediction,
making energy conservation the "moral equivalent of war," and ended up
wasting billions of dollars on subsidies for synthetic fuel programs.
Or consider the dire predictions of activists like Jeremy Rifkin, who
warned that biotechnology would let deadly new microbes run amok and upset
the balance of nature. Had we acted on such fears and banned
biotechnology in the 1970s, humanity would have forgone the new miracle
drugs and agricultural products that now promise to alleviate the
suffering of the sick and the hunger of the poor. Today scientists agree
that early concerns about the hazards of biotechnology were overblown, and
the Bush administration recently moved to speed up approval of drugs
produced through genetic manipulation.
There's ample reason to doubt the similarly catastrophic warnings about
CFCs and the ozone layer. It's instructive to recall that climate
alarmists Stephen Schneider and Carl Sagan claimed for years that CFCs
were particularly potent greenhouse gases, contributing as much as 25
percent to increased global temperatures. But they failed to take into
account the first law of ecology: Everything is connected to everything
else. Ozone, too, is a potent greenhouse gas, and so when CFCs destroy it
the atmosphere tends to cool. According to NASA, ozone decreases largely
offset predicted increases in global temperatures due to CFCs. "What had
been thought was a major greenhouse gas turns out to be having a cooling
effect," noted EPA Administrator William Reilly.
Nevertheless, despite a great deal of continuing scientific
uncertainty, it appears that CFCs do contribute to the creation of the
Antarctic ozone hole and perhaps to a tiny amount of global ozone
depletion. If CFCs were allowed to build up in the atmosphere during the
next century, ozone depletion might eventually entail significant costs.
More ultraviolet light reaching the surface would require adaptation -
switching to new crop varieties, for example - and it might boost the
incidence of nonfatal skin cancer. In light of these costs, it makes
sense to phase out the use of CFCs.
But ozone depletion is certainly not the "global emergency" that
environmentalists like Friends of the Earth's Elizabeth Cook say it is.
The normal processes of science and democratic decision making have proved
adequate to correct what might have become a significant problem. In 1990
our national and international institutions hammered out an agreement to
control CFCs, the Montreal Protocol, that takes the interests of all
affected groups into account (though imperfectly). Calls to abandon a
moderate course of action and push up the deadline for the CFC ban are
based on exaggerated fears and unrealistic predictions. On the evidence
so far, despite the lurid crisis mongering of radical environmentalists,
waiting for more information on CFCs and ozone did not cause any great
harm to people or to Earth's ecosystems, nor will it.
Radical environmentalists argue that the experience with ozone
depletion should teach us to respond swiftly and dramatically to the
threat of global warming. Rafe Pomerance of the World Resources Institute
says the international negotiations over CFCs were merely the dress
rehearsal for drastic reductions in carbon-dioxide emissions aimed at
preventing global climate change. While replacing CFCs eventually will
cost billions, the price tag for abating carbon dioxide could run as high
as $600 billion *a year*, according to Maurice Strong, secretary-general
of the Earth Summit in Rio de Janeiro. He adds that the industrialized
nations will have to provide $70 billion more in aid to developing
countries each year to help them lower carbon-dioxide emissions.
The environmentalists are right to suggest that the example of ozone
depletion is relevant to the debate over global warming. But the example
indicates that we should be skeptical of environmental "crises." The
relevant lesson is not, "He who hesitates is lost," but rather, "Look
before you leap."
Contributing Editor Ronald Bailey, producer of the weekly PBS series
Technopolitics, is writing a book on apocalyptic environmentalism to be
published by St. Martin's Press.
_____________________________________________________________
> STR Portfolio News & Information Keeping up to date...
""""""""""""""""""""""""""""""""
THE ATARI PORTFOLIO FORUM
"""""""""""""""""""""""""
On CompuServe!
by Judith Hamner 72257,271
Our German friends have uploaded several new Pbasic programs. Many of
them have the prompts in German, but this should not present too much of a
problem in use. ZEIT.BAS is a clock program that will beep once every
minute. HEXDEZ.BAS will convert from hex to decimal. The program can
handle very large numbers. EFFZIN.BAS will calculate the real interest
rate for a loan.
ASCI.BAS displays all of the ASCII characters with their numeric
values. The latest version of Pbasic is available in the forum library.
Don Thomas of Atari has uploaded a letter written to the editor of
PC Laptop in response to an article in the July issue. See PCLAP.TXT for
his comments.
More information is available for those considering attendending the
Connecticut AtariFest. CTSTAY.TXT contains information on various lodging
options including hotels and B&B's. The file also contains local tourist
attractions.
EAPB.EXE contains another demo which runs on IBM compatible PC's. This
is an electronic version of the APB.
LISP-T.COM is a tutorial on LISP programming in PREAD format. Another
PREAD file is KLING.COM, a tutorial on the Klingon language for Star Trek
fans.
For a pleasant diversion YAGO.EXE offers Yet Another Game of Othello,
the popular board game.
What is your HQ? Find out with the Hacker Quiz. This amusing test is
offered in two versions. HQUIZ.EXE offers the test with computer scoring.
HACKER.COM contains a text file of the questions in PREAD format without
the scoring feature.
***********************************************************************
IMPORTANT NOTICE!
=================
STReport International Online Magazine is available every week in the
ST Advantage on DELPHI. STReport readers are invited to join DELPHI and
become a part of the friendly community of Atari enthusiasts there.
SIGNING UP WITH DELPHI
======================
Using a personal computer and modem, members worldwide access
DELPHI services via a local phone call
JOIN -- DELPHI
--------------
Via modem, dial up DELPHI at 1-800-695-4002
then...
When connected, press RETURN once or twice
and...
At Password: type STREPORT and press RETURN.
DELPHI's Basic Plan offers access for only $6.00 per hour, for any
baud rate. The $5.95 monthly fee includes your first hour online.
If you spend more than 200 minutes online a month, you'll save money
by enrolling in DELPHI's optional 20/20 Advantage Plan. You'll enjoy up
to 20 hours online each month for the ridiculously low price of just
$20.00! And if you go over that 20 hours, the rate goes up to only $1.20,
still 1/5th the price of other services.
There is no signup fee for joining the Basic Plan. There is a fee of
$39 when you join the 20/20 Advantage Plan, a one-time $19 signup fee and
your first month's $20 fee.
These connect rates apply for access via Tymnet or SprintNet (within
the continental United States) during home time (7 p.m. to 7 a.m. weekdays
and all day weekends) or via direct dial around the clock. Telecom
surcharges apply for daytime or international access via Tymnet or
SprintNet. See Using DELPHI online for detailed information on telecom
surcharges.
For more information, call: DELPHI Member Services at 1-800-544-4005
DELPHI is a service of General Videotex Corporation of Cambridge, Mass.
:IMPORTANT ANNOUNCEMENT:
DELPHI INTRODUCES THE 10/4 PLAN.
Effective July 1, 1992, all Basic Plan members will be upgraded to the
10/4 Plan and receive 4 hours of usage each month for only $10! For full
details, type GO USING RATES. SprintNet home time to begin at 6:00 p.m.!
Effective July 1, 1992, you may access DELPHI via SprintNet beginning at
6:00 p.m. local time without incurring a telecom surcharge. To find the
SprintNet node nearest you, type GO USING ACCESS.
DELPHI- It's getting better all the time!
***********************************************************************
> BRODIE ON DELPHI! STR FOCUS! Delphi's Informal Conference w/Brodie
"""""""""""""""""""""""""""
CHIT/CHAT AT ITS BEST
=====================
JDBARNES>
Gordie. before you came I was saying that it would be nice to talk
about getting Atari users to unite. Shall we take a vote?
.Gordie>
JD, I think you're right. There is a certain strength to be
gained in numbers. But, the motives of the group can't be co-opted to
serve a single person or group's agenda.
JDBARNES>
Gordie, I do think that Atari users can gain a lot by facing up
to the fact that they have to provide most of the support they need on
their own.
.Jerry>
Hey, I realized THAT years ago. That's why I joined DELPHI!
.Gordie>
But, the group has to be lead in such a way as to ensure that it
represents the will of the group, and not just the leaders.
JDBARNES>
I agree completely. I feel that the AUA made a mistake by not
providing for renewal of its leadership. Jerry, there are many people
in the community who do not use the online resources.
.MegaSTer7>
Leadership is a precious and rare commodity. So few have any...
.Jerry>
Oh, I agree, JD, but "support" has to start with some sort of
existing communications NET i.e. DELPHI, GEnie, Compu$pend
.Gordie>
Exactly, JD. Without an accessible structure, it's not worth
joining. IMHO.
JDBARNES>
Actually the interests of the user community and ATari are some
what divergent. Atari needs to sell computers. The users need to help
each other understand what they have. Atari gains precious little by
providing the kind of support the users need.
.Gordie>
Not necessarily, JD. By supporting the customers you already
have, you gain their respect. Which translates into word-of-mouth
advertising. You can't buy that kind of advertising.
.Hudson>
They gain little in the short-run but they would make up for that
in the long-run.
KENHELMS>
Are other user groups having as much trouble retaining old members
and attracting new members as ours is?
.Dana>
Yes, Ken, we're a dying breed.
.JJ>
Yea, our User group is all but dead...
.JD>
With regard to the user groups, I think that problem is epidemic.
.JD>
Don't forget, Gordie, that most of the problems users encounter
are with stuff from third parties. Atari has no effective way to
provide that breadth of support.
.Gordie>
True. That's something that the developers need to do, possibly
as a group.
KENHELMS>
Our group is far from dead, if fact we are probably the most
active group in the area. But we used to have around 100 members (5
years ago) and now we are probably around 30.
.Jerry>
I agree, Gordie. I am constantly referring my local ATARIANS to
the computer stores I have received the best service/prices from...
and often send them to the Mail order houses!
.Raven>
I think we have about 40+ active in our group still.
.JD>
Kenhelms, the group I belong to was at 300 people 7 years ago.
.JJ>
we have about 4-5 avg show up at our group.... *sigh*
.Raven>
We used to be over 500.
.JD>
Another one in the area was at 800. Now we get about 10 and they
get about 30.
.Raven>
Our membership has increased a little this year.
.MegaSTer7>
40-50 in Orlando, with perhaps a little over half really active.
.JD>
Gordie, the developers need help on this too. Note that the IAAD
has only about 60 members. Most of the powerhouses really do not
belong, especially the foreign ones.
.Gordie>
True, JD, and many of the members have a hard time sharing
information. They think it'll hurt their business, so instead of
cooperation, they jealously guard what they have.
.Raven>
We were down to about 20.
.Jerry>
But what is the difference in the activity level and events AT
these meetings between now and back then JD?
.JD>
Jerry, the interest in the library is less, but the tutorials
have about the same interest.
.MRainey>
How far do you guys have to drive to get with a group? The
nearest one to me is at least four hours away.
.Raven>
Used to be 10 minutes. I moved so it is about 30 mins.
.Jerry>
John, are you still in Riverside?
.Raven>
Yes, I am still in Riverside, but I belong to a group in Orange.
.MegaSTer7>
18-20 min here...
.JJ>
our group meets one block from my Apt... < so I usually get to
bring the equipment :)
.MRainey>
I use Delphi as a substitute for a user group, I guess.
.H.>
Fort Wayne has several computer user's groups. The IBMers don't
want you unless you are a power business user. The Mac users are a
bunch of snobs. Amiga users group tends to fade in and out. One of
the most consistent groups in town is a TI99 users group (go figure).
.Jerry>
I would think that an Atari user group WOULD have difficulty
staying focused. I only know a few users and we all use our Ataris
for VASTLY different things.
.JD>
Our local Mac group still gets 200 or so to the meetings. No
snobbishness that I have seen. The IBM group has a mailing list of
5,000 for their magazine.
.JD>
One example of a useful activity for as larger scale organization
would be the publication of an index of all available software.
.Gordie>
Excellent idea, JD. And one that the IAAD could help with,
thereby showing their dedication to the user.
.Dana>
I thought that the IAAD already put together that list of
software?!
.JD>
Another idea would be training videos in some of the productivity
software.
.Gordie>
They have a list, but how extensive it is... Who knows?
.Gordie>
The IAAD product brochure was a voluntary effort. Not all
developers partook of the opportunity to display their wares.
.JD>
Oh, the IAAD brochure. Pretty slim pickings, but a step in the
right direction.
.Dana>
According to Brodie. only 20% of Atari users own modems!
.JD>
I believe that 20% figure.
.Dana>
That's too low to be believeable, JD.
.Raven>
I don't think Bob will get the response he is looking for on here.
.JD>
No, Dana, I have checked it with our own people, and they are the
ones who are more likely to use modems. I think Bob is getting
exactly the response he is looking for. It would be nice, but almost
impossible, to surprise him.
.Raven>
I had to bug him constantly and almost beg him to come over here.
I think he is just going to sign us off now.
.Gordie>
I think if he'd take the numbers into consideration, he might find
that
he gets a better response, as a percentage of the total users, here,
than the raw numbers might indicate.
.JD>
The whole thing was a lot of foolishness. Atari should pursue their
self-interest wherever they see it.
.JD>
I think that another service that the user organization could
offer to the magazines is an improved PD watch. They are usually way
late and way off base.
.Gordie>
But, JD, is that more a function of publishing deadlines than
anything?
.JD>
Not entirely, Gordie. They often have no idea of the the true
effectiveness of the stuff they do highlight.
** BOBBRO just joined "Weekly CO..." (15 members now) **
.Gordie>
Hi, Bob!
.Terry>
Evening, Bob.
.Hudson>
Hi Bob!
BOBBRO>
Good evening, all!
.MegaSTer7>
HIya BOB!!!!! And the MEGA STe is PERFECT!!!!!!!!!!!!!!
.Raven>
Good evening Bob.
.Hudson>
What's new Bob!!???!!
.H>
Good evening Bob!
BOBBRO>
Hello, John! How's life with a daughter!! :)
.Raven>
She's great Bob!
.JJ>
My MSTe is less than perfect *sigh*
.Jerry>
Actually we were debating the User Group/Online situation...which
is better, should cost be the determining factor in choosing an online
service...etc.
.Raven>
I have seen some reports/Rumors on the Falcon. Can we get any
stats on it yet Bob?
BOBBRO>
Jerry, well they all have their pros and cons. Part of it is a
question of international support (which is more of our pain than it
is for the average user). I don't think Delphi has international
connections yet, which is something of a limitation. None of the
services cover the globe YET, which means that they all have some
attraction! And of course, NONE of them charge the same rate across
the globe. So pricing isn't even a commonality. Pretty amazing, eh?
.MegaSTer7>
Mr. Brodie, is it 16/32 Mhz software selectable?
.Jerry>
This is an "unofficial" conference, Bob, so we'l ALL keep our
lips shut!
.JJ>
Bob, do you have any idea WHY there are some 2.05 1.44 MSTe folks
who can use 1.44 with no problem, and others that cannot use it at all
reliably?
.Raven>
Can we get some real Stats on what it will be/have/do/etc?
.Jerry>
Unofficial stats, that is.
.JD>
Bob, how does the rollout in BOston look right now?
BOBBRO>
Hmmm, can't give real hard stats yet. Care to be more specific??
.Raven>
I saw some stats from overseas. Impressive. I was wondering
about the validity of them.
BOBBRO>
John, some of them are accurate, some of them are WAY offbase.
I can say that it has a 68030 in it, a DSP chip, a 1040 case...
True SCSI, lots of colors, dynamite sound. And you're gonna ...
want to have more than one of them!! :) Oh yes, and MultiTOS!!
.Jerry>
Why would I want MultiTos AND more than one computer, kind of
redundant, eh?
.JD>
No, Jerry, think of all the Mac IIs that are networked under
MultiFinder.
.Raven>
There was mention of a slot for a 386sx card.
.JD>
Can MultiTOS be switched off for the host of applications that
are hostile to it?
BOBBRO>
John, sorry no comment on specific speeds, or bus info. Soon!!!:)
.JD>
I think that 16 MHz with MultiTOS will be a good start. Let the
high speed mavens wait for something better.
BOBBRO>
JD, MultiTOS is still undergoing some enhancements. So I'm not
sure what the correct answer is to your question. So far, I haven't
found too many applications that don't work well with it. To be sure,
there will be those that want to run Chaos Strikes Back and PageStream
at the same time. :)
.JD>
Just take a look at any application that builds its own desktop.
That is hostile to MultiTOS.
.Gordie>
Realistically folks, wouldn't it be best if they actually got
them out the door, and worry about enhancements later? The whole
community needs the boost in sales, soon. Tricking it up can wait.
.H>
What is Atari bring to show at MIST later this month?
BOBBRO>
Haven't decided what I'll bring yet, Hudson.
.Raven>
Will we see the Falcon at Glendale?
BOBBRO>
There is an excellent chance of that, yes John.
.Raven>
COOOOLLL!!!!!
.JD>
Bob, could you comment on the nature of the "rollout" in Boston?
BOBBRO>
The event in Boston is a general meeting of the Boston Computer
Society. One of the most prestigous computing groups in the world.
Their membership is among the most influential in the world for
many of them also are computing professionals, like the staff at
BYTE Magazine is part of BCS, as is Stewart Alsop, Editor of
InfoWorld Magazine, and many others. Virtually every significant
computer has been shown at a General Meeting of the BCS. Of cours
that also includes the original Atari 520 ST back in 1985.
The NeXT was also first shown at a BCS Meeting. So our hope is
that this exposure will aid us in recapturing the attention of
the computing world by showing the Falcon 030 at a BCS Meeting.
This is not to say that it is the end all and be all, but that
it would be an excellent place to START such an effort.
whew..
.Jerry>
Bob, will Atari ever go back to designing and supporting basic
software packages for their computers like you did in the early days?
BOBBRO>
We have a number of projects in the works that I think will
meet your expectations, Jerry.
.Jerry>
Oh, no expectations, Bob. Just curious. After all, you're the
only ones in a position to be ABLE to develop cutting edge software at
the SAME TIME as the new hardware!
.JD>
Jerry, from what I hear hey are doinga good job of getting
machines to developers for that work.
.JD>
Thanks, Bob, I think thatexplains it nicely. Does it mean that
the machines wil be availbale to the public shortly thereafter?
BOBBRO>
If shortly means later this year, yes.
.Hudson>
Bob, is Atari going to be present at Connecticut?
BOBBRO>
Hudson, yes...I will be there as will Bill Rehbock
.Hudson>
With the Falcon?
BOBBRO>
Probably not.
.MegaSTer7>
Bob, just how compatible/incompatible will the Falcon be to
present ST/STe/TT software?
BOBBRO>
Applications will prove to be highly compatible. Many games ...
will do fine, too. However some of the old stuff WILL fail.
.Gordie>
Some of the old stuff fails on my STe. Such is life.
.Jerry>
Well, that's expected. When you make VAST improvement to any
system, that includes phasing out some "loved" old things. The best
of the best will get upgraded to match the newer technology...they
rest will become fond memories.
BOBBRO>
We do have a goodly number of Falcons out to developers now,
which I personally regard as a GREAT sign.
.Gordie>
Europe or US, or both?
BOBBRO>
Both.
.Hudson>
You mentioned NeXT.. Is there any truth that there is a "meeting
of minds" between Atari and NeXT?
BOBBRO>
Hudson...no comment. :)
.Jerry>
I take that as comment in itself, Bob. :-)
.Gordie>
Aha! New rumor! Ross Perot buys Atari, merges it with NeXT.
<BIG GRIN>
BOBBRO>
I figured that you would! Gordie, that's OLD news!!
.Hudson>
I'm buying 3000 shares tomorrow!!
.Gordie>
hehehehehe
BOBBRO>
One of the columnists in NeXT World started that months ago!
Actually, I've been fooling around with a NeXT some at a class that
I'm taking. A TT blows it's doors off. It's an impressive machine,
but for all the horsepower it has, I think it's slow.
.Jerry>
I think we all know that we have secretly had the most powerful
computers for years...eh?
.JD>
Bob, I think that is a consequence of Unix.
BOBBRO>
Good possibliity, JD. What ever causes it, it's there!
.JD>
All those little daemons have to be fed.
.Hudson>
How has the response to the LYNX Batman Return add been? (have)
BOBBRO>
It's been selling VERY well. We're quite pleased!!
.Sky>
Bob, is Atari making any add-ons for TT, to keep it up w/Falcon?
.JD>
Up with? It's still the top of the line.
.Sky>
Colors, resolutions, etc? Digital Stereo etc?
.Gordie>
Those could be boards. There are third party boards out now.
Should Atari compete with them?
BOBBRO>
The TT offers a VME slot for those things to be handled with.
.Gordie>
Competing with your own developers is not a good way to keep them
happy.
BOBBRO>
Digital Stereo is something that a couple of music developers
have provided for some time now.
.JD>
Right, Gordie, the third party world is more flexible with that
stuff.
.Ken>
What is available for the VME slot (compatible with my MSTe)?
BOBBRO>
Graphics Boards are available for the VME Slot. Crazy Dots from
Gribnif is GREAT!
.JD>
Bob, could you give a brief list?
.Hudson>
B ut will it be compatible in three years (Crazy Dots)
BOBBRO>
Yes, it will. They did a really GOOD job with the product.
.JD>
Do you still need a second monitor with Crazy Dots?
BOBBRO>
Depends on what rez you want to run, JD
.JD>
256 colors Bob.
BOBBRO>
JD, in what rez? 1280x960x256 is a pricey monitor!!!
.JD>
I could be happy with 640 x 480. I only have room for one
monitor on my desk. 1024x768 would be OK.
BOBBRO>
You can probably use the exisiting color monitors then.
.JD>
But I need Crazy Dots to give the extra colors, right?
BOBBRO>
Yes, on a Mega STE you need a board to get those results.
.Sky>
What is the highest res. colors that a PTC1426 will handle?
BOBBRO>
I've put the 1426 at 800x600x256
.Jerry>
Bob, this is a wierd question and I may be speaking from a faulty
standpoint (my info that is,), but as I understand the IBM world
history, they made their technology accessible to the business world
by releasing the technical designs to allow for other companies to
create hardware. Eventually this led to a plethora of companies
creating, selling, supporting and developing for IBM "compatible"
machines.
I wonder if Atari has ever considered what would happen if you
followed a similar tactic. Once many companies are creating and
supporting Atari "clones" won't that eventually have the same effect
on ATARI'S bottomline by increasing knowledge, awareness and desire
for this "new" (to them), inexpensive, powerful and easy to find
computer system(s)?
It's hard to "let go", but the idea of greater returns in the
long run (MUCH GREATER) would make it worth it.
BOBBRO>
Jerry....ask IBM what they think of all the clones! :)
.Jerry>
I know they probably think they are garbage, but it CREATES
business FOR IBM in the long run, and one EVERYONE asks the same first
question:
"Is it IBM Compatible?" Ahhh!
BOBBRO>
Really, the only winner in the clone wars is MicroSoft IBM isn't
a fan of that technology.
.Ken>
Bob, we were talking earlier about how user groups are loosing.
How do you see the health of the Atari User Groups?
BOBBRO>
Ken, I think it's directly tied to our poor sales. Not good.
.JD>
Bob, we were also talking about the possibility of an independent
group, more professional than the AUA. Do you see any value in that?
BOBBRO>
JD, I see tremendous value in it. And I've actually (in the past)
participated in such a group. It was called ACENET, in So Calif.
However, the group failed. Largely because people wanted results
but did not want to put the effort into the obtaining of the results.
.JD>
Bob, I agree that it is too easy to become unfocussed with such
a thing.
BOBBRO>
So, while I love the concept, I question the possibility of such
an effective implementation of a project.
.JD>
It takes the right people, Bob. I also am not sure that they are
still around.
BOBBRO>
Ask John King Tarpinian about ACENET. Lots of people promised,
to do lots of things. He and I were the only ones that did.
.JD>
That is an interesting piece of history, Bob. Those who forget
their history are condemned to relive it.
BOBBRO>
In short, leadership is a key component of such an endeavor. As
is an inspired force of cooperative people. One is nothing without
the other.
.Hudson>
Bob: We were talking last week about how there were no dealers
in the Boston area anymore..How easy/hard is it to become a dealer?
BOBBRO>
It's pretty easy with distributors on hand now.
.JD>
Hudson, all it takes is money.
.Gordie>
Bob, aren't there requirements for service still? Or have they
been relaxed?
BOBBRO>
Not if you purchase via distribution.
.Hudson>
Could you send me some information/literature/laws/etc. about how
to become a dealer?
BOBBRO>
Hudson, send me email. I'll have Mike Groh contact you.
.Jerry>
Bob, you know we all are on the DELPHI voting wagon, so our BIAS
is given. If we promise not to inundate you with responses here
(that's YOU GUYS, hear?), can you give us an update on your online
"poll" and how the numbers are coming down, etc....?
BOBBRO>
Jerry, GEnie is the runaway leader. No one else is close. I was
even surprised at the response on there.
.Gordie>
But, with the numerical superiority of GEnie, that shouldn't be
surprising.
BOBBRO>
After that, it's pretty close with Delphi and the FidoNet. With
the FNET close behind. I've gotten more responses from Carina Net
than CIS. Which is really disappointing. Carina Net is an 8 bit
network.
.DevotedAtarian7>
Carina net may outlive us all, those 8-bits live forever!
.Raven>
Bob does Delphi actually have a chance then?
BOBBRO>
Yes, a VERY real chance.
.Jerry>
How many are there on GEnie, DELPHI, etc.?
BOBBRO>
Jerry, I got more than 1000 letters on Genie.
.Jerry>
How many on DELPHI? And I was really asking about the number of
Atari MEMBERS on each service.
BOBBRO>
Jerry, asking the number of each service is like asking us...
how many computers we've sold. You won't get a straight answer.
CIS say they have over 10,000 Atarians online. I don't buy it.
.Jerry>
Why?
BOBBRO>
Because they know that numbers draw developers/manufacturers.
I assess a network like CIS/GEnie/Delphi by message and downloads
.JD>
I will have to say that CIS's message traffioc and download
counts don't seem to reflect those numbers.
.Jerry>
SO by CIS numbers you've had DISMAL repsonse to your poll. What
about GEnie, what do they say is their userbase?
BOBBRO>
Well gang, the wife says that it's dinner time here. So I will
have to wish you all a pleasant evening. Thanks for making me feel so
welcome here. I've enjoyed the evening.
.Gordie>
Thanks for the time, Bob.
.JJ>
well bob no response on 2.05 and 1.44 then?
BOBBRO>
JJ- They work! What else
.Raven>
Bye Bob. Come again SOON!
.JD>
JJ, he told you that the combo works. I have however, heard that
some hard disks suck up too much power for the combo to work
whoops.. sorry then... didn't catch that line from you bob.
with the Ajax chip.
BOBBRO>
JJ, followup??
.JJ>
my 2.05 1.44 doesn't work which is why I asked
.DevotedAtarian7>
Perhaps warranty service would be in order?
.JJ>
would 2.06 help our not?
BOBBRO>
You might want to try a file that John Eidsvoog has out for
setting the floppy seek rate. He says that helps.
.JD>
Sorry, JJ. I read 2.06 I haven't heard that 2.05 supports HD.
.JJ>
ok, thanks for the response Bob will look for it/
BOBBRO>
Ok, I really have to run. She's back again! :) Night all!!
BOBBRO> - signed off -
***********************************************************************
This transcript was heavily edited to improve readibility. However, only
spelling errors were corrected and extraneous material was deleted. The
gist of the conversations was left unchanged.
<BIBLINSKI>
***********************************************************************
This transcript is of an informal Conference, held July 7th, 1992 in the
Conference area of the ST Advantage on DELPHI. Permission to reprint this
transcript is given, provided it is left intact and unchanged.
***********************************************************************
> FALCON REVEALED STR InfoFile ATARI ADVANTAGE TO TELL ALL!
""""""""""""""""""""""""""""
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| o | ATARI ADVANTAGE ANNOUNCES COMPLETE FALCON COVERAGE! | o |
| | """""""""""""""""""""""""""""""""""""""""""""""""" | |
| o | ATARI ADVANTAGE is proud to announce the first North | o |
| | American hands-on preview of Atari's hot | |
| o | new '030 computer -- THE FALCON. | o |
| | | |
| o | Complete Falcon coverage in the June/July issue of ATARI | o |
| | ADVANTAGE features over 10 devoted pages, including | |
| o | uncensored, up-close photographs that give you the first | o |
| | look at Atari's new entry level marvel. | |
| o | | o |
| | Detailed explanations on Digital Signal Processing, video | |
| o | capabilities, and many other Falcon facets take you into | o |
| | the architecture and clarify all rumors. We will also | |
| o | unravel the mystery of true color, stereo digital sound, | o |
| | how RAM sizes work, and other Falcon features which has | |
| o | everyone else guessing. | o |
| | | |
| o | Don't have a subscription yet? If you'd like to get your | o |
| | hands on this issue before it has sold out, you can do so | |
| o | by purchasing the June/July of ATARI ADVANTAGE from your | o |
| | local dealer or directly from us. To reserve your | |
| o | personal copy, please fill out the form below. | o |
| | | |
| o | Order your subscription today so you can be assured of | o |
| | getting this issue (which is sure to be a collector's | |
| o | edition) and future exciting issues covering the latest | o |
| | developments in the world of Atari. | |
| o | | o |
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SUBSCRIPTION "2 FER" SPECIAL
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Yet another way to
take ADVANTAGE of us! Find a friend and the two
of you can subscribe for $15 each!
Don't have any friends? $30 will buy a two
year subscription. It's hard to lose either way!
Like all great offers, this one is good for only a limited time!
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Sorry, we can't take telephone orders for a subscription at this low
price. Just print, clip and mail or E-Mail the following form:
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( ) YES! I want to take ADVANTAGE of the 2 fer offer. Please begin
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//////////////////////////////////////////////////////////////////
Editor Note;
At last, the truth be known, just remember folks where you read about
the Falcon first.. over a year ago in our crystal ball feature. Be sure
to give Atari Advantage a try, its a first class USA publication right up
there with AIM, Current Notes and Informer.
____________________________________________________________
> BLUE RIDGE FEST STR SHOW NEWS LAST MINUTE DETAILS
"""""""""""""""""""""""""""""
SUMMER FUN WITH ATARI
=====================
Sub: Blue Ridge AtariFest Banquet
Just a note of reminder to any of y'all who wish to attend the Banquet
after the show on Saturday night. I need to get an accurate head count so
if you're intending on attending and haven't yet sent in your reservation,
please fill out the form below and E-mail it back to me with a credit card
number if you'd like it charged to your credit card account.
We're looking forward to a great time on the 18th!
BLUE RIDGE ATARIFEST '92 BANQUET
Computer STudio has finalized arrangements for an after show banquet
at the Pisgah View Ranch. This will definitely be somewhat different from
the usual semi-formal type hotel affairs of the other shows, and will be a
real down-home, country party in the mountains!
Dinner will be served family-style....... as long as you keep eating,
they'll keep serving! And check out the menu:
Tossed Salad
Country Ham
Fried Chicken
Cornbread Dressing
Rice and Gravy
Green Beans
Sweet Potato Souffle
Homemade Rolls
Beverages
Homemade desserts
After dinner, there will be live entertainment in the air-conditioned
barn, guaranteed to bring out he 'country' in everyone! There's also
volleyball and shuffleboard if anyone still has the energy after the
excitement of the show. Or how about just sitting on the porch and
enjoying our clean mountain air.
=====================================================================
BLUE RIDGE ATARIFEST '92 - BANQUET RESERVATION FORM:
Name: _______________________________________________________________
Address: ____________________________________________________________
City: _________________________ State: _________ Zip: ___________
Phone Number: ( ) _________________________________
Number attending: ______ Adults @ $17.50 each = $_______________
______ Children under 6 @ $8.75 = $______________
TOTAL AMOUNT ENCLOSED ............ $_______________
Credit Card:
VISA: # _________________________________________ EXP. ____________
MasterCard # _____________________________________ EXP. ____________
American Express # _______________________________ EXP. ____________
Discover # _______________________________________ EXP. ____________
Banquet tickets and a map of directions to the Pisgah View Ranch will be
mailed to those with confirmed reservations.
PLEASE MAKE CHECK PAYABLE TO "COMPUTER STUDIO" and mail this completed
reservation form along with your check to:
Computer STudio
Westgate Shopping Center
40 Westgate Parkway - Suite D
Asheville, NC 28806
_________________________________________________________
> LICENSING HOAX! STR Feature "LEGAL-RIGHTS PIRATES"
"""""""""""""""""""""""""""
THE GREAT SOFTWARE LICENSING HOAX
=================================
By: Albert Silverman
From: The Mac RoundTable on Genie
INTRODUCTION
This is the first article in a series on "piracy"--with a reverse twist.
This series currently includes the following articles:
(1) Great Software Licensing Hoax.. (LEGAL RIGHTS PIRACY1)
(2) Software Copyright/License Quiz.(LEGAL RIGHTS PIRACY2)
(3) Great School Copyright Robbery. (LEGAL RIGHTS PIRACY3)
(4) San Diego County--Truth Squad.. (LEGAL RIGHTS PIRACY4)
(5) ADAPSO and SPA--Trade Pirates.. (LEGAL RIGHTS PIRACY5)
(6) Aldus--Snaring a Pirate Chief!. (LEGAL RIGHTS PIRACY6)
Long the software industry's target of accusations and suspicions
about the handling of your software, you will undoubtedly be surprised to
learn that those who express deep concern about your stealing THEIR
software are simultaneously, in a perverse sort of retribution ("let's get
them before they get us"), attempting to steal YOUR legal rights! Since
these "legal-rights pirates" (the computer software industry, operating
under the broad legal direction of its trade associations, SPA and ADAPSO)
have much to gain by misrepresenting the law at your expense, their modus
operandi remains a well-kept secret, even to the not-too-smart worker bees
buzzing around the legal offices of the various software companies!
Due to many factors, topped by the general lack of readily available,
affordable, and comprehensible legal information about the handling of
computer software, many users (by default) have turned to the one source
which is understandably eager to supply legal disinformation at no
charge--the legal-rights-pirate! Needless to say, accepting such advice
from THIS particular source is akin to hiring the fox to guard the chicken
coop. Most users, however, simply ignore all advice about the legalities
of software handling, from whatever source. Whichever option is chosen,
computer users across the entire spectrum remain abysmally ignorant of
these very important laws.
Justifying his legal-rights piracy in the name of an anti-piracy
campaign geared to "educating" the software user about the law, the
rights-pirate has several ingenious tools in his pseudo-legal bag of
tricks, for specialized use against various segments of the computer-
using community. His most effective weapon for pulling off this heist
against the community at large is the so-called "software license."
Everyone who purchases commercial software will, sooner or later at the
time of purchase, be forced to agree with the software publisher to
refrain from numerous activities involved in the handling of the software.
For the reasons stated above, it is virtually certain that, before you
read this article, you will not have the foggiest notion whether or not
you are legally REQUIRED to observe all of these restrictions to which you
have been forced to "agree"--with no say in the matter.
It is clear that you cannot prevent the theft of something which you
do not even know that you possess! In order to be able to separate the
licensing wheat from the chaff, it is necessary to learn some basic
principles about the law. These principles are put to good use in the
"Copyright Game" which you are unwittingly playing against the publisher
of your commercial software. This is a most fascinating and
intellectually stimulating word game, which is totally unlike any other
game that you have ever played. Despite the example set by the software
industry in its anti-piracy tactics used against the software user, it is
NOT necessary to be a pirate in order to catch a pirate. This invaluable
knowledge will enable you, without breaking any law, to foil the high-paid
legal strategists who lie awake nights, dreaming up ingenious ways to
steal your legal rights (translation: your dollars and/or operating
freedom). The price?--putting some of those unused brain cells to work.
INTELLECTUAL PROPERTY AND THE LAW
Computer software belongs within the class of intellectual property,
the creator of which has been given important protection in the copyright
laws (contained in Title 17 of the United States Code) passed by the U.S.
Congress. At the same time, the software user has been given certain
corollary protections in order to prevent either undue inconvenience or
economic hardship. That is, the U.S. Congress has established a
balance-of-copyrights, which carefully weighs the rights of the software
copyright owner (who is usually represented by the software publisher)
against the right of the software user to use the software in a practical
manner, without undue financial penalty.
Since the Congressional balance-of-copyrights is a delicately crafted
compromise between opposing interests, neither party (software publisher
or software user) affected by this compromise gets everything that it
desires. Hence it is only natural for software publishers to make a
determined effort to evade objectionable elements of this Congressional
compromise, in order to obtain an undue economic advantage--at the expense
of the software user, of course. This is the Great American Way.
THE UNSIGNED SOFTWARE LICENSE
The software publisher's primary instrument for accomplishing this
objective is the Software License. In its most common form, brilliantly
crafted for convenient use against the computer-using masses, this is an
impressive legal-appearing document (referred to as a "License Agreement")
which is usually printed in small type on an envelope containing the
computer disk(s). There is a common popular misconception that an
agreement is not valid unless it contains the signatures of all
participants. However, if a party (the software user, the subject of the
current discussion) who is forced to accept such an UNSIGNED agreement
(known as a "contract of adhesion") is to be held legally liable to
perform in accordance with its terms, the one who is doing the forcing
(the software publisher) must meet three mechanical drafting requirements.
Although it was not true in the past, the modern common unsigned Software
License Agreement, having been fine-tuned over a long period of time in
order to meet objections from the courts, usually meets these three
requirements, which are as follows.
First, the software publisher must make the software user aware of the
existence of an agreement before he/she is given access to the computer
disk(s). This requirement is normally met by printing the terms of the
agreement upon a sealed envelope containing the computer disk(s).
Alternatively, the document containing the terms of agreement may be
included somewhere within the software package and referenced on the
sealed envelope which contains the computer disk(s).
Second, the software publisher must retain the title to the software,
since the sale of the title precludes the publisher (but not the copyright
law!) from exercising any future control over both the handling and the
transfer of the software. Simply stated, you can't be using something
which you OWN under a license (lease) from the one who sold it to you.
This requirement is normally met by the inclusion of a statement,
accompanying the terms of agreement, which says that the software
publisher is retaining the title to the software.
Third, the terms of the agreement must be clear and understandable by
one who possesses an "average" English literacy. This requirement is
usually met (although this is more and more debatable, in view of the
ever-decreasing general state of literacy) in a manner which will satisfy
the courts that the user, without his/her signature, has been made aware
of both the existence of an agreement and its terms. Occasionally,
however, a document which is masquerading as a software License Agreement
will fail to meet these clear drafting requirements; due to its defective
execution, the user cannot be held liable for failing to comply with its
terms. Typically in such a case, the terms of the agreement will be
printed in the instruction manual and the user will be given access to the
computer disk(s) without being made aware of the existence of a license
agreement in the instruction manual. In addition, the user will not be
made aware that the software publisher is retaining the title to the
software: a key requirement. Since there is no law which requires that
the user read the instruction manual (indeed, many users plunge
helter-skelter into the program without even opening the manual!), the
user-in-a-hurry, or the user who has difficulty reading an instruction
manual, may violate the terms of an "agreement" of which he/she is
unaware.
CONFLICT OF LAWS: STATE VERSUS FEDERAL
A license agreement (a form of contract) is always enforced under
STATE contract law. If the software user fails to comply with some
particular term of a properly-executed agreement, the software publisher
can, in theory, prosecute the violation in state court, citing as his
authority the applicable state law which enforces contracts. It should be
emphasized that the publisher's meeting of the three mechanical drafting
requirements for valid execution of the agreement is a necessary but not a
sufficient condition for its enforceability. Specifically, in order for
the agreement to be enforceable, it is also necessary that there be no
superior law; i.e., which takes precedence in regulating the identical
user conduct.
With regard to the handling of copyrighted computer software, there
are two different laws (STATE contract law and FEDERAL copyright law)
which may conceivably seek to control some specific user conduct. As a
typical example, the software publisher may (for his own special reasons)
wish to prevent the software user from making more than one "archival"
(backup) copy of his/her software. Having met the three mechanical
drafting requirements, it might appear that he can accomplish this
objective by forcing the software user to agree to abide by this
restriction as a condition for obtaining a license to use the software.
If there were no other law regulating the user's making of backup copies,
state contract law authority would be able to enforce this particular
restriction--uncontested.
Fortunately for the software user, however, the federal copyright law
ALSO has something to say about the user's right to make backup copies.
Given that there are two different laws, both of which seek to control the
user's making of backup copies, such a CONFLICT OF LAWS must be resolved
by the courts as the first order of business. Contrary to what one may be
led to believe (by those who have some hidden purpose for doing so), the
resolution of this particular conflict is clear-cut. In general, when
both a state law and a federal law seek to regulate the identical user
conduct, the federal law always wins. In other words, dear software user,
even though you may have "agreed" with the software publisher that you
will not make more than some arbitrary number of backup copies, you cannot
be forced to honor your agreement. Period. Double period.
Lest there be any question at all about this fundamental fact of legal
life, it was confirmed in a test case (Vault Corporation v. Quaid
Software, Ltd.) sponsored by the software industry, originally heard in
the U.S. District Court in the Eastern District of Louisiana on February
12, 1987 and confirmed in its entirety on appeal in the 5th Circuit U.S.
Court of Appeals on June 20, 1988. One of the issues addressed in this
case was the enforceability of the Louisiana Software License Enforcement
Act. This Act was passed to validate a model of the Software License
Agreement, which was developed by the industry's trade association for
general industry use. In this very important decision, the court
concluded that, because Louisiana's License Act touched upon the area of
federal copyright law, its provisions were preempted and Vault's license
agreement was therefore unenforceable.
Despite the software industry's resounding defeat in the federal
courts, the common Software License Agreement (which is essentially the
same as the Vault License Agreement) continues to be used by the industry
as a strategic ploy to coerce the legally- ignorant software user into
abandoning certain of his/her legal rights. Even though most of its
restrictions are unenforceable, its coercive effect is achieved by the
threat of some vague and ill- defined penalty (termination?) for violation
of the agreement. The software publisher of course has no intention of
suing for breach of agreement, since his restrictions are unenforceable.
ILLEGITIMATE (UNENFORCEABLE) LICENSING RESTRICTIONS
The making of backup copies is just one of seven areas of common user
conduct which lie within the exclusive province of the copyright law and
hence cannot be controlled by means of an agreement between the copyright
holder (or his representative) and the software user.
These are:
(1) Making of backup copies
(2) Use of unauthorized (user-made) copies
(3) Software rental
(4) Transfer of unauthorized copies
(5) Program modification and/or adaptation
(6) Reverse engineering, disassembly, decompilation, etc.
(7) Use of the copyright notice
Here is a brief explanation of the remaining six areas of conduct:
(2) Every software license agreement seeks to prohibit the use of a single
copy of the software on more than a single CPU (computer) at a time. Such
conduct falls within the exclusive province of the copyright law. Why?
Because the use of a single copy simultaneously on more than one computer
cannot occur without the use of unauthorized copies, made either
permanently on floppy disks or temporarily via a network.
(3) The copyright law currently forbids the rental of copyrighted computer
software.
(4) The copyright law provides that any exact user-made backup copies may
be transferred along with the original copy from which these copies were
made. Hence any attempt by the software publisher to forbid the transfer
of exact backup copies, while at the same time permitting the transfer of
the original copy from which they were made, invades the exclusive
province of the copyright law.
(5) The copyright law permits a computer program to be modified and/or
adapted, as an essential step in the utilization of the program in
conjunction with a computer. In addition, modification and/or adaptation
may be required in order to create a derivative work based upon the
program: a conduct which is regulated under the copyright law.
(6) Reverse engineering, disassembly, decompilation, etc., may be required
singly or in combination as a step in the creation of a derivative work.
Therefore, in addition to program modification and/or adaptation, such
activities are also regulated under the copyright law.
(7) The copyright law regulates the manner in which a copyright notice is
to be used.
When all of the copy-related restrictive clauses in the typical
unsigned software license agreement are examined in the light of these
seven "off-limits" areas of user conduct, it will be found that very few
(if any) of them are enforceable! There are also other preemptive federal
laws which may regulate some aspect of software user conduct. For
example, the export of computer software to certain countries may be
forbidden by federal law. Hence any clause within a license agreement
which seeks the user's "agreement" not to export the software to one of
these countries is also unenforceable, etc.
IN A NUTSHELL:
Even though a so-called License Agreement may be properly executed,
the fact that most of its restrictive clauses are unenforceable by virtue
of conflict with federal law means that it is mostly a worthless mass of
fine print and a waste of valuable space!
AFTER THE HOUSECLEANING
What remains after all of the illegitimate (unenforceable) clauses are
consigned to their proper place in the trash heap? Typically, there is a
"legitimate residue," which consists of (1) performance promises (such as
warranties) by the software publisher, and/or (2) possible relaxations
upon the use of unauthorized copies (such as permitting the use of the
software on a network or on multiple computers within a classroom), and/or
(3) perhaps two or three restrictive clauses which ARE enforceable under
state contract law authority. Here are three examples in the third
category:
Example #1:
A typical enforceable restriction is that which prohibits the
simultaneous use of a 5-1/4" disk and a 3-1/2" disk on separate
computers, in the event that separate copies are furnished on dual
media. Since both copies are furnished by the software publisher, the
use of these copies is NOT regulated under the copyright law; hence
their use is legitimately controlled by means of a license agreement.
Example #2:
The copyright law gives the copyright owner the exclusive right to
make the "first sale"; i.e., to transfer the title to the first user.
After the first sale is made, the copyright law does not prevent the
user who owns the title to the software from transferring (other than
for purposes of rental) a publisher- furnished copy of a computer
program to another party. Hence if the software publisher wishes to
prevent the user from transferring the software (either temporarily by
nonprofit lending or permanently by sale), he must (1) retain the
title, (2) license its use, and (3) prohibit its transfer by means of
a clause within the license agreement.
Example #3:
A software publisher may furnish a second copy of a copy protected
program (a "pseudo-backup" copy) and prohibit the simultaneous use of
these two copies on separate computers by means of a clause within a
license agreement. This is a legitimate licensing restriction, since
both copies are furnished by the software publisher.
What do you do after you've heaved out the "licensing trash"?
The fact that most software-handling conduct cannot be controlled by
means of an agreement with the software publisher does NOT mean that you
are free to handle your software in any old manner that you may see fit.
What it DOES mean is that, if you are handling your software in a manner
contrary to a licensing restriction, but which falls within an area of
conduct that is regulated under the copyright law, the software
publisher's only recourse for preventing this conduct is to file suit
against you in FEDERAL court for copyright infringement--NOT in state
court for breach of contract. For example, if you make two backup copies
of your software, contrary to a clause within the license agreement which
permits you to make only one backup copy, the ONLY recourse which is
available to the software publisher for preventing you from doing so is to
file suit against you in federal court for copyright infringement. He
will not do this, of course, since such conduct does not violate the
copyright law.
Therefore, your indicated strategy is simply to ignore all licensing
restrictions which seek to regulate your conduct in the above seven off
limits areas that are regulated under the federal copyright law. However,
you must still comply with ALL federal laws, copyright or otherwise. In
the rare case, some particular conduct which the software publisher seeks
to control by means of a licensing restriction may (believe it or not!)
accurately represent the intent of the software copyright laws. In such
an event, you will of course "obey" the restriction. But be sure that you
understand this point of extreme conceptual importance. You are NOT
complying with such a restriction because you have agreed with the
software publisher to do so. Rather, you are doing so since your
compliance is required under FEDERAL law, without regard to the wishes of
the software publisher.
What does the software publisher gain by using unenforceable clauses in
a License Agreement?
This is a crucial question, since the software publisher obviously
will not go to the expense of employing a phoney Software License without
a good reason for doing so. Stay tuned as his pseudo-legal licensing
strategy is laid bare upon the operating table:
"Rewriting" the copyright laws--without an act of Congress!
For the most part, a clause within a license agreement which is
unenforceable by virtue of a conflict with the copyright law will attempt
to restrict your handling of the software more narrowly than the scope of
regulation intended by the U.S. Congress. If the user can be intimidated
into following the software publisher's demands, under the threat of some
vague and ill-defined penalty for violation of a license agreement, the
publisher will have accomplished his major purpose, which is to tilt the
balance-of-copyrights in his favor, but without requiring an act of
Congress! Three very common examples should suffice to illustrate this
point.
Example #1:
The software publisher will invariably attempt, by means of a
licensing restriction, to prevent your use of a single copy of the
software simultaneously on two or more computers. While this
restriction USUALLY represents the intent of the copyright law, there
are important exceptions. These are exceptions in the copyright law
under the doctrine of "fair use" which, under special circumstances,
permit the use of an unauthorized copy of computer software
simultaneously with the original copy (or with another unauthorized
copy) on another computer. Thus under special circumstances, you may,
without violating the copyright law, engage in conduct which is
prohibited by the use-on-a-single-CPU licensing restriction.
Example #2:
Almost invariably, the software publisher will attempt, by means of a
licensing restriction, to prevent the user from making more than a
single backup copy of a given software program. However, the
copyright law contains no limit upon the number of backup copies which
can be MADE, as opposed to their simultaneous USE on separate
computers.
Example #3:
The software publisher will probably attempt to prohibit you from
disassembling the software in order to discover the program's
construction. Yet, since the copyright law regulates the creation of
a derivative work based upon the software (which may require the
disassembly of the program), this is an area of conduct which is off
limits within a license agreement. To the software publisher's great
chagrin, the mere act of disassembly does NOT, in itself, constitute
an infringement of the copyright law. Therefore you may disassemble
away to your heart's content, just so long as you do not use this
information to create a derivative work: an exclusive right that is
granted to the copyright owner. Happy discovering!
"Educating" the software user--guess who's doing the teaching!
For many reasons, virtually all software users are abysmally ignorant
of the provisions of the software copyright laws. Were the software
publisher simply to follow accepted legal procedures (i.e., letting the
user discover the nature of these laws on his/her own), it is virtually
certain that copyright law violations would run rampant, due to ignorance
of the law. Hence the software publisher's claim that the license
agreement serves the very important purpose of educating the software user
about the provisions of the copyright laws. One thing is certain; the
software user is not going to learn about these laws without a very strong
push.
It is nevertheless essential that any such user education be conducted
impartially and ethically. The use of a so-called license agreement as an
instrument for this purpose fails dismally to conform with this
requirement. To the contrary, it is HIGHLY UNETHICAL to embody whatever
interpretation of some provision of the copyright law as a restrictive
clause within a license agreement. If the software publisher wishes to
supply the software user with his own special copyright law
interpretation, he can easily do so in an accompanying explanation without
legal force, while identifying it exactly for that. Most important, such
an aboveboard procedure lacks the COERCION of a licensing restriction
(bogus though it may be), with its accompanying threat of some vague and
ill-defined penalty for its violation.
"Termination" (shudder!)
The typical unsigned software license agreement contains a clause
which states that the license will be automatically terminated if the user
violates any of its terms. It is hoped by the software publisher that the
threat of your being terminated (shudder!) will be sufficient to coerce
you into obeying all unenforceable restrictions within the license
agreement. This threat is pure gibberish, however, since a bonafide
license can only be revoked following prosecution for violation of an
ENFORCEABLE clause in the agreement.
Facing off against five "rights-pirates"
Over a period of some two years, I wrote to five prominent software
companies, requesting the legal enforcement authority for specific
restrictive clauses within their Software License Agreements, which are
modeled after the agreement (rejected by the federal courts long ago!)
approved by the industry's trade association. The companies which were
contacted were:(1) Microsoft (2) Claris (3) Adobe (4) Symantec (5) Aldus.
All of these companies seek to restrict the number of backup copies which
the user may make, despite the fact that the making of backup copies is
clearly off- limits within a license agreement. All five of these
companies were asked how they proposed to enforce this ubiquitous
restriction.
All of these companies also seek to prohibit the user from activities
(such as adaptation, modification, reverse engineering, disassembly,
decompilation, etc.) which are also off-limits within a license agreement,
since they may be required in order to create a derivative work. In
addition to the restriction upon the making of backup copies, two of these
companies (Symantec and Aldus) were asked how they proposed to enforce
these very common restrictions. In view of the fact that there is no
credible (i.e., legally viable) answer to my questions, the forthcoming
answers were eagerly anticipated; the effort was certainly worth it! Here
are the amusing(?) results:
Microsoft
Microsoft's Monica Smith (Legal Assistant) responded quickly and
emphatically that it is contract law which is used to enforce these
licensing restrictions. But she then proceeded to explain how the
copyright law forbids the user from making more than one backup copy! Can
it be possible that Ms. Smith does not know that it is impossible to
enforce a restriction upon the making of backup copies with BOTH state
license law and federal copyright law? Her response is nonsensical, since
only ONE law can regulate the making of backup copies by the user. This
is of course the federal copyright law, which preempts state contract law
when there is a conflict. Hence Ms. Smith's confident statement that
contract law is the legal authority for this licensing restriction is
WRONG.
Claris
It took four letters to Claris (including a letter to the company
president), over a time span of some 2-1/2 months, for me to pry out a
response to his routine query! Clearly this was a question which Claris
was working very hard not to answer. The response which finally came from
Derek Witte (Director of Legal Services), when ordered to provide it by
the company president, was indeed a satisfying culmination to the author's
efforts. Mr. Witte claimed simply that "the legal authority for this
restriction is that of common law contract." Unlike Microsoft's Smith,
however, he did not bring the copyright law into the picture... where it
clearly belonged! In common with Ms. Smith, his claim is WRONG. His
short letter closes tersely: "If you require further clarification of
this or other legal matters, I suggest that you retain counsel." This is
"The Sting" of the software company's legal worker bee when you ask a
question which he/she is unprepared to answer. Mission accomplished!
Adobe
I waited for one month for a reply from Adobe; it was clear that
further effort would thus be necessary. In response to a follow-up
letter, Adobe's Steve Peters (Legal Counsel) responded quickly, explaining
that the copyright law does not permit the user to make more than a single
backup copy. But he did NOT answer the author's question, which sought
the legal authority for the enforcement of this restriction upon the user.
Apparently he was afraid that, were he to answer in a straightforward
manner that "the copyright law is the authority for this restriction," he
would then have been asked WHY this unenforceable restriction appears
within a license agreement. Believing that my inquiry was based upon his
desire to make more than one backup copy without violating the agreement,
Mr. Peters generously offered to "consider a request to revise the terms
of the license to fit your circumstances"!! Needless to say, I declined
to accept this generous offer.
Symantec
Symantec's Rebecca Ranninger (Legal Counsel) offered up a novel
response. First, she failed to address the two specific clauses which
were the subject of my query. Instead, she began: "In response to your
inquiry as to the legal authority which renders our license agreement
enforceable, I refer you to basic contract law." For your information, Ms.
Ranninger, the inquiry was not about the GENERAL enforceability of
Symantec's license agreement; it was about the enforceability of two
specific clauses within this agreement. Continuing with her non-answer to
the question, she states: "In addition, to the extent that the agreement
prohibits copying and other uses of the software, Symantec relies upon the
relevant federal and state trademark and copyright infringement laws,
specifically the Copyright Act (17 U.S.C. SS 101 et.seq.) and other
federal and state laws. It is a violation of federal law to make
unauthorized copies of the Software."
INCREDIBLE! Ms. Ranninger sees no problem with a "licensing"
restriction which can only be enforced under the authority of the
copyright law! Can it be possible that she does not understand that the
software user cannot "agree" with Symantec to obey the provisions of the
copyright law? For Ms. Ranninger's information, it is NOT (repeat: NOT)
a violation of federal law to make unauthorized copies of the Software.
It is strongly suggested that she read Sections 117 and 107 of the
copyright law. Where on earth did she ever get this notion? Perhaps it
came from Mars.
Aldus: bearding the Lion in his den!
It was extremely difficult to pry a response out of Aldus; and when it
finally did come, some two months after my ROUTINE inquiry, the question
was STILL not answered! Here is what it took to get this non-answer: (1)
two letters to the Aldus Customer Service Department, (2) a follow-up
telephone call (which was answered in an arrogant manner by an individual
who refused to provide both his name and the answer to the author's
question), and (3) THREE letters to Mr. Paul Brainerd, the company
president. This response from Ms. Leann Nest