ST Report: 31-Jul-92 #831
From: Bruce D. Nelson (aj434@cleveland.Freenet.Edu)
Date: 08/01/92-10:06:54 PM Z
From: aj434@cleveland.Freenet.Edu (Bruce D. Nelson)
Subject: ST Report: 31-Jul-92 #831
Date: Sat Aug 1 22:06:54 1992
*---== ST REPORT INTERNATIONAL ONLINE MAGAZINE ==---*
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July 31, 1992 No.8.31
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> 07/31/92 STR 831 "The Original * Independent * Online Magazine!"
""""""""""""""""
- The Editor's Desk - CPU Report - PORTFOLIO NEWS
- FORBES HITS HARD! - WINDOWS DIVERSE - AST SLASHES $
- WAZZUP DOC? - PEOPLE TALKING! - FORBES OVERVIEW
- ALAN PAGE SPEAKS UP! - LEGAL RIGHTS IV - STR Confidential
-* ATARI ADVANTAGE SOLD! *-
-* REVOLVING DOOR GOING STRONG! *-
-* SAM TRAMIEL TO APPEAR ON DELPHI! *-
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ST REPORT INTERNATIONAL ONLINE MAGAZINE
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WHAT'S NEW IN THE ATARI FORUMS (July 31)
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 76703,406 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.
THE ATARI PORTFOLIO FORUM ON COMPUSERVE
HAS BEEN DESIGNATED AN
OFFICIAL SUPPORT SITE BY ATARI CORPORATION
"GO APORTFOLIO TO ACCESS THE ATARI PORTFOLIO FORUM"
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
> From the Editor's Desk "Saying it like it is!"
""""""""""""""""""""""
For what seems like time and eternity, there has been the consistent
procession of 'badgers' from Sunnyvale who've engaged in the endeavors of
a misguided "Truth Squad" cajoling and bashing the free thinkers (also
Atari's customers) in the worldwide Atari Community at every opportunity.
The last four months however, have been the most devastating for Atari's
credibility, integrity and stability due primarily to the effects of the
efforts put forth by the Director of Communications, Bob Brodie.
Never.. Has the userbase been witness to a more ridiculous situation
than now. Atari's practices and procedures are literally TOASTED by one
of the Premier Financial Publications in the USA, Forbes Magazine, what
does the customer base see? SILENCE... that means the FORBES article;
"CHEAP DIDN'T SELL" by Dyan Machan is hard hitting and accurate. All the
game playing and confusion generation in the world will not make that
article go away. The premier financial publication has spoken.
As one Atari insider exclaimed, "ITS FRIGHTENINGLY ACCURATE". As
remarked in STR830's editorial, perhaps now.. we'll find _FORBES_ being
plastered with the label of being an "Inquirer Type Mag" or a
"supermarket rag" by the "Masters of Disinformation". Truth is, the
Forbes article validates and corroborates most all that's been said by the
truthful observers in this arena for the last year. Shame is, why didn't
they (Atari) listen? They could've corrected things quickly when it
would've been easy. Now, they've got their work cut out for them. That
is, if they care to listen even now. We shall see. As for the source of
the "inside" leaks, who knew from the "office pecking order"? Who inside
Atari has the most to gain from the Forbes article? As to who actually
did the leaking.. that's not too difficult, who is the most naive with the
biggest ego and in an 'insensitive and relatively easy position' to be
"reached"?
thank you for your strong support
Ralph @ STReport International Online Magazine
THE STORM IS COMING!
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STReport's Staff DEDICATED TO SERVING YOU!
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Publisher - Editor
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Ralph F. Mariano
PC DIVISION AMIGA DIVISION MAC DIVISION
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Roger D. Stevens Charles Hill R. ALBRITTON
STReport Staff Editors:
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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:
""""""""""""""""""""""""""""
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
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> CPU STATUS REPORT LATE BREAKING INDUSTRY-WIDE NEWS
=================
Issue #31
Compiled by: Lloyd E. Pulley, Sr.
-- IBM may Split Off PC Division
IBM may turn its personal computer division into a wholly owned subsi-
diary to give the troubled operation more freedom to compete in the cut-
throat industry, computer executives said. The PC division's managers
are considering several options, including the subsidiary structure, to
give them more autonomy from IBM's corporate headquarters.
-- Microsoft Changing Windows
Microsoft Corp. hopes to adapt its Windows computer operating system
software to work with a host of other devices, from office copiers and
phone systems to stereos and VCRs, Chairman Bill Gates announced. Gates
said Microsoft is moving beyond software to information management
tools.
-- Joint High-Tech Venture Announced
Four major U.S. technology companies - IBM, GE, AT&T and Honeywell -
said they jointly will explore advanced technology that one day could
allow computers to operate with beams of light instead of electrical
pulses. Light-based computers would be vastly more powerful and faster
than the most powerful supercomputers now being made. The companies
said they had formed the Opto-electronic Technology Consortium and will
back it with about $8 million.
-- AST Joins the PC Price Cutters
AST Research Inc. has slashed prices on its IBM compatibles by up to 47%
This comes after AST separately reported its quarterly profit fell 9%.
AST cut prices across all categories, with the average street price of
its AST Bravo desktop now expected to be 20% lower than competing Compaq
Deskpro models.
____________________________________________________________
> ONLINE WEEKLY STReport OnLine The wires are a hummin'!
"""""""""""""""""""""""""""""
PEOPLE... ARE TALKING
=====================
On CompuServe
-------------
compiled by Joe Mirando
There are some things that you can always count on: Death, Taxes... and
hard drive crashes. While not everyone has experienced the joy of a hard
drive crash (something like the feeling you used to get when the doctor
said "This will just hurt a little"), a lot of us have. Novices and old
hands alike can fall victim to a crash. And the best way to prepare for a
crash is... (OK, folks, all at once now) DO BACKUPS! Let's take a look
at the tribulations visited upon Frank Zeritsch, and brought to light by
Atari Productivity Forum SYSOP Bill Aycock:
"Frank Zeritsch, a correspondent, writes that he has a Fujitsu SCSI
drive and ICD host adapter, and he's using Supra software (which seems
to work fine).
He recently got another drive, this one from Supra. Unfortunately,
while attempting to format the new drive, he inadvertently zeroed his
old drive the boot sector, root directory, and FAT are all gone. He
says he's looked at the actual data on the drive and it's still there,
but with no boot, root, or fat he can't get at it.
He is now running with ICD software and has disabled all the
partitions on the zeroed drive so it doesn't get munged any worse.
Does anyone have any suggestions on how Frank can retrieve the data
from this drive? Any leads at all will be gratefully accepted!"
--bill--
Albert Dayes of Atari Advantage Magazine gives the obvious reply, plus a
few other avenues that could be followed:
"Bill,
Restore from the backup! The best bet is to use Supra's sector
editor SupEdit and search through all the sectors (absolute mode)
until you find the partition start. It usually has some words like
Supra3.0sys in the ascii portion of the sector ... then he can perform
a calculation on how big the partitions are. It will be a slow and
painful process but if you can get the partitions up there is still
some hope. Within each sector one can also check for sub-directories
... and then reconstruct the whole thing one sub-directory at a time.
A couple of good books to use are Inside the IBM PC and PS/2 (3rd
edition or higher) --- gives a good logical overview of the entire
MS-DOS filesystem. Another good book for getting into the nasty
details is Dos Programmer's Reference by QUE books. The layout of the
boot sector, and partition table will be displayed with SupEdit in one
of the options so you can choose ... just don't write anything to the
disk. Just go through the entire disk and have the partitions marked
if they aren't already.
Some additional information I need to work with is: Suggested guesses
about the size of the partitions, the total size of the drive
(formatted), etc.
In the Norton book the chapters of interest are Disks: The Basic
Story, Disks: The DOS Perspective, and Disks: Deeper Details.
Bill Aycock adds a bit more about the crash and the crash-ee:
-
"I believe when he zeroed the drive, it wrote new boot sector and
partition info (and an empty root directory) and zeroed the fat. Could
be that with the info in the books you mention he could scan through
the drive looking for stuff that looks like directories, and recreate
entries for them. The partitions should be the same size; he said they
were set up for 5, 10, 10, 10, 10+ megs."
About the backup- yep, that'd be best, but I get the idea Frank hadn't
made one recently. One would hope that after he restores whatever he
can, he decides backups aren't a waste of time and disks. :-)
Thanks for the info!"
Albert Dayes replies:
"With the FAT gone it can still be very trouble-some attempting to
find the information about a particular file. The sub-directories are
part of the data area of a partition so you should be able to find
them. If one writes down all the sub-directories names, location
(sector) and all the files and the offsets into the fat you might be
able to get a possible idea of where the files were located.
Without a FAT the best bet is to dump the entire disk raw to a file
(10 megs) or and then try to piece it back together. What was so
important they he has to recover as much as possible? Is it text
files? It is much easier to attempt to recover text files since
binary is close to useless with(out) some sort of fat table."
Bill Aycock agrees and comes to a conclusion that we should all take to
heart:
"That was my thought too. Text files would be hard enough; binaries or
data files, next to impossible. This is an expensive way for Frank to
learn that periodic backups are a good idea."
After Sysop Ron Luks mentions Norton utilities and wonders aloud about the
porting them to the ST, Albert says:
"With GEM and UIS-III it seems like we have everything else already.
With ICD and Beckemeyer you have good utilities for handling most
filesystem errors that occur. Most of the Norton Utilities don't have
that much over the ST ... since most of it is to enhance command-line
life or make it more bearable.
Supra has a good sector editor for the ST but not as good as NU.EXE
(sector editor that Norton has ... the only limitation with Norton's
sector editor is it doesn't allow one to do examine sectors on the a
hard disk formatted on a different system (ie MAC HFS filesystem) ...
at least the version I used. Also on the ST you have Ed-HAK which
seems like a fairly nice way to examine sectors in GEM/TOS formatted
media.
Norton Disk Doctor is almost exactly the same as Beckemeyer's Hard
Disk Sentry in capability and Hard Disk Sentry includes an optimizer
which is essentially the same as Speed Disk on the Norton Package of
utilities. Also ICD's cleanup program offers similar capability.
Also ICD utilities allow for the saving of partition and boot sector
information to a file which I don't think Norton Utilities has on it.
Most other things are system info, which defines your system
components (logical drives, memory, cpu ... similar to Atari's cookies
or other desk accessaries that show the same type of information.
Control panel in GEM is another utility ... it seems like most of what
Norton has is already available on the ST/TT especially when it comes
to filesystem tools."
Meanwhile in the Hardware section of the Atari Pro message base, another
type of hard drive hardship comes up: The dreaded "sticition" problem
which is simply the inability of a drive to "spin up" when turned on.
Phil Jensen posts:
"Every so often I see the suggestion that hard drives be left on
continuously for longer life and to prevent stiction. Does this mean
that the ST must be left on as well, or can its power be cycled
without annoying the attached drive? Also, what is likely to happen
to the hard drive in the event of a blackout and subsequent return to
power?"
Sysop Bob Retelle offers:
"Phil, you can turn the ST off without turning the drive off too..
it'll just wait patiently for the ST to return to life.
My Seagate drive suffers from an extreme case of stiction, so I leave
it on all the time... unfortunately when there IS a power blackout, I
usually return home to a completely silent room... a sure sign that
the drive is stuck and is straining its guts out trying to turn the
platters.
So far that hasn't seemed to hurt the motor any, and I just have to
get inside (I leave all the bolts and screws out of the drive and the
case cover for just such times) and spin it up manually.
If your drive doesn't exhibit any symptoms of stiction, I don't think
there's any really overriding reason to leave it on all the time
though... the drives in my IBMs are well behaved, and I always spin
them down when the computers are turned off."
An interesting possible remedy from Philip W. Payzant:
"Bob, I don't know anything about your Seagate drive, but I've seen
several references to stiction problems before, and it occurred to me that
a simpler remedy might work.
Have you tried picking up the drive and giving it a quick turn in a
horizontal plane, counter to the platters' rotation? I would think the
platters' inertia would result in rotation, relative to the case,
sufficient to unstick them. Just a thought."
Greg Wageman puts a new spin on the "Leave it on/Turn it off" debate:
"I read an article recently that compared the power-on hours rating of
a hard drive against its power-cycle rating. Given normal usage
parameters (you turn it on and off once a day), you could expect
approximately 10 years of power cycles, or slightly more continuous
power-on hours. In other words, it doesn't really make a whole lot of
difference, as the equipment will be obsolete before it matters."
In the Atari Arts Forum, talk about an article in the August 3 issue of
FORBES magazine generated quite a few messages. John Bonavita posts:
"What did every one think of the Forbes magazine article? I guess it
really wasn't that much of a surprise. Two thinks that bothered me
about it was A) Not one word was said concerning the Portfolio. Why?
Is the palm top still being produced? B) I don't think the article
was fair when mentioning the Lynx. First off no system (when first
released) has loads of games (just look at the SNES). And Atari has
really pushed the system in comics, pull-out magazine sections, batman
tie-in etc..
What's your opinion?"
Albert Dayes of Atari Advantage Magazine replies:
John,
"The Lynx is great but do you know of any store that has all or most
of the titles in stock or a large number of Lynx in stock. It seems
to me that a big problem is just not enough product to sell. Consider
if you are a dealer and someone wants to buy a certain type of car
from you. There person must commute 60 miles per day to work ... if
after a few weeks a dealer doesn't have the car a person would want
they would definitely start looking for other types of cars. That is
one reason why the gameboy is doing so well ... of course there is the
ad "hype" from Nintendo about it ... but if the product was widely
available in stores it would help dispute that gameboy's power just
from its presence alone. There are still many more factors ... but
product availability is a big issue.
Compaq has a hot new low cost PC but since they can't keep up with the
demand many customers are buying from Dell. They same idea applies
with the Atari if the product isn't available to buy people will
always look for an alternative."
John asks Albert:
"Albert, How come the stores that do carry the Lynx (Toys R Us, Games
n Gadgets, etc) only offer a few titles? Is it Atari's fault or the
stores?"
Albert replies diplomatically:
"I don't think its the stores fault ... there just doesn't seem to be
enough product out there. If you get anyone with a Lynx and a Gameboy
(or is it Lameboy) side by side anyone in their right mind would
choose the Lynx."
Later Albert comes up with what sounds like a great advertising idea:
"Addiction to the Lynx ... I can see it now ... "Your honor if he
wasn't playing with his Lynx on the highway this accident never would
have happened. You know a good ad would be all the Supreme Court
Justices playing the Lynx and all connected together via com-link
(sp?). I sign on the door says the Supreme Court will be in extended
recess until final arguments over the best Lynx game are completed.
(GRIN)"
Also in the Atari Arts Forum, rumors have been circulating about the
health of Atari Advantage Magazine. Glenn Gorman asks:
"What's going on with Atari Advantage now???? Now I hear that it has
been discontinued. Is there any truth to this???? I'm still waiting
for this (GULP-Where's it at) June/July issue."
Albert Dayes of Atari Advantage (Boy, he's a busy guy!) answers:
"As far as I know from the Atari Explorer on-line ... the editors have
been hired by Atari Corp. The FALCON issue of Atari Advantage has
been mailed out ... there is to be more information coming on
subscription transfers, etc to Atari Explorer ... and other options.
Atari Explorer on-line magazine should have more details on this
shortly. And if I hear anything more on this issue I'll be sure to
inform. That is all I know currently. But your FALCON issue is in
the mail never the less."
Jim Ness tells Glenn:
"Check out Atari Explorer Online, in Lib 15 here. It announces that
the editors of Atari Advantage have been hired by Atari to run Atari
Explorer, and will be moving to Sunnyvale.
The June/July issue has been mailed, and subscribers will be offered
Explorer subscriptions, since Atari Advantage will be discontinued.
It sounds like a good move for everyone involved, and I wish them all
luck. They could EASILY have picked less able folks to run Atari
Explorer."
Ron Luks adds:
That's for sure. Mike Lindsey is an excellent choice to take over
Explorer.
***
I would like to take a moment to editorialize and say that John
Jainschigg has consistently improved upon what EXPLORER was when he took
command of it and that he has constantly proven himself to be a man of
integrity and conviction. We at STReport wish him the best of luck in
all of his endeavors. I'd also like to point out that, even though John is
a _very_ tough act to follow, we are sure that Mike Lindsey will do well
and bring his own style to EXPLORER and that we wish him the smooth
sailing throughout the staff transition.
***
In the Atari Vendor's Forum, Carl Kreidner asks:
"We have CardFile 3 (ver 3.01) , which my wife uses to keep an address
book. When we tried to print labels, it insisted on form feeding even
with cfg/reports/labels/number_of_page_feeds set to zero. Since the
printer considers a page 66 lines and labels are 6 lines each, setting
labels_up_and_down to 12 prints 12 labels, skips 10, prints 12, etc.
Choosing 11 prints 11, skips 11, prints 11, etc. Choosing 10 is seems
to be the best since it prints 10, skips 1, prints 10, etc. How do I
get rational behavior? I have spent considerable time reading the
manual, and I am fairly sure the solution is not contained therein."
Brian Gockley replies:
"This is a known bug, fixed in the upgrade to 3.03. That upgrade is
available as a patch program in the libraries here.
If you go into the libraries (type go atariven and choose option 3)
the select the gribnif library, then browse with the key word Stalker,
you should find a file that you can download that will patch your 3.xx
to 3.02.
Just a note, I failed miserably in my upgrade attempt and eventually
just sent them my master disk. Sometimes things work out and
sometimes..."
Carl finds the file and tells Brian:
"Well, my first worry was that you sent me looking for Stalker when
the problem is CardFile. But I went anyway and found a patcher to
take 3.01 CardFile to 3.03. However, this does not solve the
problem.... As you my recall the problem is that CardFile wants to
throw out a form feed every N labels where N is the number you chose
in cfg. The closest thing to working is a choice of 10 labels per page
which skips one, while choosing 11 skips 11. So what now?"
Most of us have heard the phrase "When all else fails... read the manual".
There is a little known extension of that rule that says: "If reading the
manual fails, call the manufacturer/distributer/whatever". Brian tells
Carl:
"When I have trouble, I call Dan at Gribnif...1-413-247-5620. I call
him often! What is your hardware configuration (printer, monitor,
etc.?) In addition to having your configuration list handy, it's a
good idea to have a list of your auto programs and accessories as well
as your serial number handy."
Well that's it for this week, folks. Tune in again next week to find out
what they are saying when PEOPLE... ARE TALKING.
***********************************************************************
IMPORTANT NOTICE!
=================
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!*!*!*!*!*!*!*!*!*!*!*!*!*!*!*!*!*!*!*!
* Mark your calendars, folks! *
! We are proud to host Sam Tramiel, !
* President of Atari, *
! for a formal Conference here on !
* Thurs., August 13th @ 10 p.m. EDT. *
! Sam will be officially announcing !
* the new Falcon 030 to DELPHI, and *
! discussing it with us. !
* Don't miss it! *
!*!*!*!*!*!*!*!*!*!*!*!*!*!*!*!*!*!*!*!
DELPHI- It's getting better all the time!
***********************************************************************
> WAZZUP DOC? STR Feature Looking over the onlines...
""""""""""""""""""""""""
WAZZUP DOC?
===========
by Doyle C. Helms Jr.
Software Editor @ ST Report
Well, I hope you derived some use or enjoyment from the last
installment of WAZZUP. As I said in the first installment, I hope to
convey an idea of what is available from the major On-Line
(Pay-for-service) networks for your enjoyment and edification.
Let's take a look at CIS (CompuServe Information Service) first this
week to see what useful, helpful or maybe entertaining among the files
that are available.
ATARI ARTS (GO ATARIART)
ANIMATION FILES GALORE!
If you are into graphics (color) on the ST, and who isn't, then you
should definitively consider downloading the following animation/demo
files from ATARIART on CIS.
WRLDWA.ARC
----------
This animation involves 3 American Sherman tanks in battle against 3
German Panther tanks. This is a well executed and imaginative animation
showing some of the capability of the ST in graphic action. this file
also includes an AVS accompaniment sound file!
TERADA.ARC
----------
Terradactyl,another animation file for you viewing pleasure. this
animation was created using Chronos with the MORPH option for the wing
movements. This file also includes AVS sound.
TANKAT.ARC
----------
The animation involves a Sherman Tank attacking an artillery position.
This file was created using CyberSculpt. AVS sound included.
TAKEOF.ARC
----------
This is a very detailed animation showing a Sopwith Camel (biplane)
taking off and flying into the distance. AVS sound also.
STWARS.ARC
----------
This "computer wars" animation involves the ATARI Federation versus
the AMIGA Empire! the ship construction was done with CyberSculpt and the
animation created with Chronos. AVS also.
GLASSD.ARC
----------
This animation shows a .45 Colt blowing away a wine glass. The wine
glass has a mind of its own though! Will execute on a one meg machine.
AVS Sound.
BOB.ARC, BIPLAN.ARC and ATTACK.ARC are also a few other interesting highly
animation files.
GAMES? DID YOU SAY GAMES?
There are a couple of outstanding games featured this week in the ATARI
ARTS forum.
SEEKER.LZH
----------
GoldSeeker is a Lode Runner type clone. Many levels with plenty of
challenge. User definable levels. Color Only.
MOONLD.ARC
----------
MOONLORD, Shareware by Clayton Walnum. Graphics by Maurice Molyneaux.
The Dreaded _M outdoes himself in this game! This is a strategy game by an
expert game maker. Color Only.
DROID.LZH
---------
Simple platform type game. Fight your way through HORDES of enemy
robots and artillery to break free from the myriad of caverns in which you
have become lost! Low Res COLOR Only.
ATARI PRODUCTIVITY (ATARIPRO)
SYSTEM.LZH
----------
This is a neat ACC from Germany. This file can be used as either an
ACC or a executable program depending on how YOU name it. The program
shows the various information on you disks (HD and Floppy), the amount of
free and used memory. The user is also allowed via a small control panel
to set system time and date, turn the bell on/off and some other useful
little things.
GRAPH.LZH
---------
Grapher program is a "sub-set' of the famous BSTAT 2.xx series of
spreadsheet/graphing program. This program only has the graphing ability
of BSTAT. If you need a GOOD graphing program that allows the user to use
GDOS(G+Plus) to output excellent quality hardcopy graphs, then you need
GRAPH! Non-GDOS screen dumps output available for Epson 9 and 24 pin
clones and also to the HPLJII series printers.
BSTAT4.LZH
----------
This is version 2.43 of the famous BSTAT program. This program allows
the user to graph different statistics in a wide variety of graph types.
This is a fully working program with NO restrictions. The author requests
a Shareware fee and will provide a nicely done user manual for the
submission of the fee. This program will output EXCELLENT hardcopy
graphics to you printer (Laser or Pin) via GDOS(G_Plus). If you do not
wish to use, or cannot use GDOS(why not?), the user is afforded the option
of screen dump type outputs to Epson dot matrix 9 or 24 pin printers or
the HPLJII printer. You cannot BUY a program of this quality for the
shareware asking price, nor can you buy a program of this type with this
kind of quality output at ANY price for the ST!
AUTORA.LZH
----------
AUTORAISE is a nice little accessory that allows the window that is
under the mouse pointer to be brought to the top of the "stack".
LED.LZH
-------
This program lights the LED (light) of drive A whenever a HD partition
is accessed. Also includes LED_B which does the same for drive B.
G_MAP.ARC
---------
This program displays a graphic map of your HD and in turn you can
decide if de-fragmentation is necessary. From the people who brought you
Beckmeyers Hard Drive Sentry!
SCRLFX.LZH
----------
This program is similar to Codeheads BUTTNFIX program. This program
fixes the double-scroll problem found in TOS 1.4 and up. This program
WORKS in 2.06-3.06. PD from Ian Lepore.
That about it from CIS this week, of course there were other uploads
that deserved attention, but I just don't have the space for them.
Doin'Delphi --
DRWARBEAU took the time to post some very nice Postscript type 1 fonts
for all to use. User DRWARBEAU also included a small file that shows a
sample of the fonts for print out. Altogether DRWARBEAU posted 11 files!
ANNSTONE, BEFFLE, BELLBOTTOM, El GARRETT, GOUDY 100, GRIFFIN DINGBATS,
HARRINGTON, KRAMER, MIRA, JEFF NICHOLS and lastly PEPITA! Thanks
DRWARBEAU!
FREDTUT uploaded a version 5.0 of GOGO ST/TT. All resolutions of the
ST and TT are supported as of version 5.0!! GOGO ST/TT is a hotWire type
file runner that is well executed and well supported. The file message
posted with GOGO says nothing of this being a DEMO. The program IS a full
blown version, BUT there is a one minute title display that is shown at
first use that the author will eliminate for you once the shareware fee is
paid.
FREDTUT has been busy this week! FREDTUT also posted the WARP_9
replacement font from Cherry fonts. This font is for use from within Warp
9 as a replacement for the standard system screen font. This font is one
that should be STANDARD on all ST's!
BOOZGEM 2.1.3 was also posted by FREDTUT! BOOZGEM beta is a full GEM
implementation of BOOZ, the Un-ZOO utility. this version does NOT handle
subdirectories within archives.
Here are a couple of helpful files for you PASCAL programmers!
PASCAL PROGRAM LISTER allows selected procedures to be printed, page
number of all procedures and function calls.
FOREST 2 PASCAL HELPER produces a table of contents from a PASCAL
source code file. Thanks to PLEFEBVRE for these helpful files!
PLEFEBVRE also posted AND authored JumpSTart 2.7. the latest version
includes View text files, load uninstalled programs. Improved Dialog
boxes! This program is also similar to Hotwire (in concept) and GOGO
ST/TT. Shareware.
Someone that goes by the username of STartwo uploaded some Calamus
font files that were converted from PostScript type 1 fonts. A total of
27 of these fonts were uploaded. What/which are they? Well, you will just
have to log-on and check them out!
Be sure when you log onto Delphi The ST Advantage, to drop by the
FORUM, you will be entertained, amused and a plethora of other human type
emotions. The discussions are enlightening along with informative and
enjoyable. Be sure to check out the upcoming conference with Sam Tramiel
were he will hopefully announce and inform the userbase about the code
named FALCON computer project!
Until NeXt time...
______________________________________________________________________
> FORBES OVERVIEW STR FOCUS! Taking a look at the BIG Picture
""""""""""""""""""""""""""
FORBES TURNS ON THE LIGHTS
==========================
by R.F. Mariano
Last week's issue carried an overview of the Forbes Article dated
08/03/92, where they paint a picture many folks have seen for quite some
time in the Atari Arena. Many people in the Atari world have small
fortunes tied up in the Atari realm of things. One can only speculate as
to the size of the monetary investment of all the loyal Atarians. One
thing is for sure its these people who have made Atari's fortune for them
and have the ability to do so again if given the chance.
There has always been those who jump right up and say; "you pays your
money and you takes your ride", they are right to an extent. If its only
a ride one is paying for then it stands to reason its usefulness is only
as good as the length of the actual ride. But when it comes to a computer
where ongoing developments and the precedent of downward compatibility has
been set, one can indeed expect a bit more than just a "simple ride".
The world of computing is quite volatile in respect to advancing
technology, there is no doubt of this but when a company on one hand
actively recruits its users/customers to "evangelize" their products it
stands to reason the customers are now part of "the action" and can indeed
expect a bit more from the company.
When users/customers are repeatedly buffeted with disappointments, the
company must come to expect criticisms galore. A truly professional
reaction on the part of a company might be to acknowledge the shortfall,
take obvious steps to correct the shortfall and involve those affected by
the shortfall in its correction. Do we see this with Atari?? Nope... not
in the slightest. Instead we are faced with the old "tell 'em what they
only need to know". A prime recent example would be FSM GDOS. For almost
three years Atari played out excuse after excuse including the packaging
boondoggle excuse. When the truth finally became known, there was no
adverse reaction from the users about the truth. The only significant
negative reaction was to Atari's blowing smoke at them for so long a time.
Its a given that if this was a one time or even seldom occurance it would
be a non-issue but unfortunately.. its not.
Through the years, Atari has engaged the expertise of the masters of
'information' to explain away the disparity involved in a large number of
_sore_ spots. For example,
(a) the Chinon drive refresh problem.
(b) the Federated getting the double sided drive equipped 520stfm units
before the dealers corps received theirs.
(c) the cancellation of the user favorable exchange program because of a
single abuse cited.
(e) the consistent forty folder problem.
(f) Flow control being broken.
(g) the initial release of the 1040STe units clobbering hard drives, no
recall issued, if you happen to get one and don't complain or use a
hard drive, tough luck you'll never know if you're sitting on a time
bomb until you try to use a hard drive.
(h) the MSTE shipping with TOS 2.05 installed and the dip switch #7 in
the High density position while 2.06 is on sale everywhere.
(i) The business of the MSTE shipping with the OLDER Tos 2.05 that is
acknowledged as being "broken" when it comes to a high density floppy
drive's use and of course Flow Control.
While anyone can _buy_ Tos 2.06 and install it themselves even if they
bought the MSTE a week ago they must pay extra for the TOS 2.06 upgrade.
Until recently, the same was true for the TT they were not being shipped
with the high density drives installed. There are a number of older TT's
out there that are not anything like the more recent models shipped.
Some, are still only 16mhz.
Speaking of the TT, it is STILL only Class A accepted by the FCC.
WHY? What is Atari's problem with the FCC? Why is it the TT and many of
Atari's previous products, such as the SLM Laser Printers, had so much
trouble and ultimate never were certified for class B. Forbes pretty much
sums it all up in the expression they used for the title of their, hard
hitting to the core, article....
"CHEAP DIDN'T SELL"
Truly its time for sweeping changes to be made in Sunnyvale. The
"cheeps" didn't do the trick, the vendettas aren't working and the hairbag
politics are backfiring. Atari must make some serious changes; they must
end the friction in the userbase and above all else they simple have to
stop trying to manipulate the press into giving them favorable coverage.
The proper way to enjoy favorable press coverage is to _earn_ it.
Fortunately, other, more prominent publications are very much aware of
the secretive coercive efforts being undertaken by Atari's Brodie and soon
the entire escapade will be made public for all to see. You see, we've
been supplied with ongoing accounts of his activities and emails from the
getgo. Its not a pretty picture at all. It reeks of censorship,
manipulation and deception in the worst possible way.
_____________________________________________________________________
> SAY WHAT?!? STR FOCUS! "Facing Reality"
""""""""""""""""""""""
LETS SET THE RECORD STRAIGHT
============================
by Alan Page
I am no fan of MSDOS software and hardware. The DOS world is a Tower
of Babel with dozens, if not hundreds of different hardware options, many
of which can conflict with each other. Not to mention all the various
TSR's and device drivers that can interact in inappropriate ways.
As MSDOS hardware proliferates, MSDOS software gets harder to write
and support. The lack of standards (or, dozens of different standards)
makes supporting all that stuff the domain of large software companies
that can afford to test their software on all sorts of different CPUs,
graphics cards, operating systems, and other hardware options. Not to
mention having to write custom drivers for a lot of that hardware as well.
And, when a manufacturer introduces a new and exciting graphics card
or other device, the poor guy who buys the card has to worry about
updating each and every graphics-based program to use the card, again
because of the general lack of standards, which has only recently begin to
be addressed by the major manufacturers.
Into this mess Microsoft introduced Windows, and kept on upgrading and
enhancing it year after year. Windows conquers the hardware confusion by
requiring only a single Windows compatible driver for any Windows
software to use that device. With the release of Windows 3.1, this
includes sound cards and other multimedia devices. There are also some
standard file formats for graphics, text, and spreadsheet data
interchange.
This is no small feat. I have the Windows Resource Kit, which is a
500+ page book (with accompanying software) explaining how to install and
configure Windows, and troubleshoot problems. The book lists over 1,000
different IBM PC type computers that are known to be compatible with
Microsoft Windows. Not to mention 14 different types of video graphics
adapters, 11 different keyboards, 8 different mice/pointing devices, over
300 printers, and 11 different networks. No wonder the MSDOS community
has rushed to Windows.
Now the ST enthusiast is probably aghast at all this confusion of
hardware and software. The easy solution, he says, is for everyone to
throw away all their IBM hardware and buy the ST, with its handful of
hardware options and single operating environment.
Let's take a look at the situation for a large company which might
want to switch to ST's. The first question is, where is a dealer? If you
are lucky, perhaps there is one in the same state. What about service?
Can you get same-day on-site service for dozens, perhaps hundreds, of ST's
and peripherals? After all, it can cost you a lot of lost revenue if your
computer goes down and you depend on it, whether you are a small or a
large business. Atari's MegaSTE manual suggests you bring your computer
to a service center. Too bad if the nearest one happens to be hundreds of
miles away. How many Atari dealers are able to offer on-site service?
Next, can you get adequate, professional training for your ST's and
the software you are using? It's not enough just to throw the manual at
your staff and tell them to read it. Not in a large corporation.
Microsoft University has ten regional training facilities across North
America and there are 39 Microsoft University authorized third-party
training centers across the USA, where qualified instructors licenced by
Microsoft can teach courses on installing, customizing, and using
Microsoft Windows 3.1. Plus, there are over 100 smaller Microsoft
Authorized third-party Training Centers scattered across the USA.
What about qualified consultants to help you solve problems and plan
your computer operations? Microsoft offers exams to qualify as a
Microsoft-certified consultant. Many of the larger MSDOS software and
hardware companies offer similar certification, testing, and training
(e.g Novell) for their hardware or software. So our business person can
be reasonably sure that the people that claim to be consultants actually
have qualifications.
Atari (in the MegaSTE user manual) suggests you WRITE to them for
technical assistance. They don't even list their phone number.
What about networking and network-aware software? There are all sorts
of different LAN products for the IBM PC. My MegaSTE manual is remarkably
silent on the subject of the LAN port. Assume that a third-party
developer creates LAN software for the ST, is our business person
expected to install and configure the LAN him/herself, from reading the
manual? What ST business software is LAN-aware? Any business large
enough to need to network computers will also want qualified consultants
to install and service the LAN on-site and same-day. Hands up, all
qualified Atari ST LAN installers or LAN consultants.
Atari devotes five sentences in the MegaSTE manual to a brief
description of what a LAN is. No mention is made of where to get LAN
software.
What about communicating with mainframes? There is a whole industry
built up around custom hardware and software to communicate between IBM
PC's and various mainframe computers. As far as I am aware, there is no
equivalent to this on the ST.
How about them VME cards? I have yet to hear from anyone who has
actually plugged a VME card into their MegaSTE. I wonder how many VME
cards come with ST software drivers? Referring to my MegaSTE manual:
(quote) "For complete instructions on how to connect a VME device to your
computer, consult the device owner's manual." Is it really that simple?
What about supporting all sorts of different and exotic printers?
Windows comes with support for over 300 different printers. Third party
software vendors and hardware manufacturers offer drivers for many more,
including many 24-bit color printers. How many different printers have
GDOS or FSMGDOS drivers?
Over the years, I have heard dozens of Atari users whine about how the
ST is perceived as a game machine and how unfair it is that businesses
ignore a machine that has spreadsheets and databases and lots of other
'business' software. If only, they moan, Atari would just advertise the
ST, things would turn around and businesses would start buying ST's.
Lets face reality, folks. You can talk till you are blue in the face
about the (supposed) superiority of Atari hardware and software. It
doesn't matter!!
The fact is that there is no significant support infrastructure for
the ST in North America. No training facilities, no on-site same-day
service, no pool of Atari ST hardware/software/LAN consultants. Without
that level of support, no business of any significant size is going to
take a serious look at the ST. If I'm wrong, please set me straight.
Whatever success Atari is going to have in North America, either with
the current ST or any new machines, will mostly be in niche markets,
MIDI/Music, and home entertainment. It isn't going to be in business.
***
Copyright 1992 Alan Page. May be copied and distributed freely
as long as it is reproduced without alteration.
MSDOS, Microsoft. Microsoft Write, and Windows are trademarks or
registered trademarks of Microsoft Corporation. WordPerfect is a
registered trademark of Word Perfect Corporation. Atari, MegaSTE and
ST are all trademarks or registered trademarks of Atari Corporation.
***********************************************************************
:HOW TO GET YOUR OWN GENIE ACCOUNT:
_________________________________
To sign up for GEnie service:
Set your communications software to Half Duplex (or Local Echo)
Call: (with modem) 800-638-8369.
Upon connection type HHH (RETURN after that).
Wait for the U#= prompt.
Type: XTX99587,CPUREPT then, hit RETURN.
GEnie Information copyright (C) 1991 by General Electric
Information Services/GEnie, reprinted by permission
***********************************************************************
> LEGAL RIGHTS IV STR Feature "TRUTH SQUADS"
"""""""""""""""""""""""""""
SAN DIEGO COUNTY--TRUTH SQUAD
=============================
by Albert Silverman
From the Mac RT on GEnie
Introduction
This is the fourth 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)
-------------------------------------------------------------
This article presents a legal opinion issued in November of 1987 by
the San Diego County Counsel: the attorney for San Diego County. This
opinion answers penetrating questions about the computer software
copyright laws, which were posed by myself and relayed to the County
Counsel via the San Diego County Office of Education. These questions were
formulated in order to expose the industry's piracy of the legal rights of
computer-using personnel in the California public schools. The details of
this ingenious scheme of software industry piracy, and its effect upon
both the pockets of the California taxpayers and the integrity of computer
education in California, are explained in the reference given at the
conclusion of this article.
-------------------------------------------------------------
November 9, 1987
Dr. Thomas C. Boysen
Superintendent of Schools
San Diego County Office of Education
6401 Linda Vista Road
San Diego, California 92111-7399
Attention: Glen N. Pierson, Assistant Superintendent
Dear Dr. Boysen:
Re: Request for Opinion: Computer Software
(Assignment No. 87-01153/DB-L)
You have requested our advice regarding computer software copyright law
and have specifically asked that we respond to the following questions:
"QUESTIONS FOR CONCEPTUAL CLARIFICATION
"1.0 What is the meaning of the phrase 'for archival purposes' in
Section 117 of the U.S. Copyright Law?
"2.0 What is the difference in the intent of 'archival use' in Section
108 of the U.S. Copyright Law versus that of Paragraph 2, Section 117?
"3.0 What, if any, is the difference between an 'archival' copy and a
'backup' copy as it applies to Section 117 of the U.S. Copyright Law?
"QUESTIONS OF LEGALITY
"4.0 Is it legal to make (as opposed to use), at one time, more than a
single archival copy of a copyrighted computer program?
"4.1 If the answer to 4.0 is 'yes', is there a limit to the number of
archival copies which may be on hand (but not used) at one time?
"5.0 Is it legal to use an archival copy of the original computer
program, with the original program being protectively stored away?
"5.1 If the answer to 5.0 is 'yes', and if the archival copy is damaged
during use, can another archival copy be made from the original and used
without the permission of the copyright owner?
"6.0 Is it legal to use a purchased program sent from a manufacturer
labeled 'archival' simultaneously with the original copy of the program
received at the same time?
"6.1 Is it legal to make an archival copy of a rightfully owned disk
that is labeled 'archival' by the software manufacturer?
"6.2 Is it legal to transfer the ownership of a disk labeled 'archival'
by a manufacturer while retaining the purchased original copy of the
same program?
"6.3 If the answer to 6.2 is 'yes', is the new holder of the 'archival'
disk then entitled to copy the 'archival' program they have been given?
"7.0 Is it legal to load a copyrighted program from a single disk into a
distribution network or into individual stand-alone computers for
simultaneous use, without the permission of the copyright owner?
"8.0 Is it legal to alter a copyrighted computer program in any way
during the process of making an 'archival' copy?
"8.1 If the answer to 8.0 is 'yes', may this archival copy be used in an
educational setting?"
Our conclusions may be summarized as follows:
1.0 The use of the phrase "for archival purposes" in 17 U.S.C.A. section
117 (2) [note: All references hereinafter are to Title 17 of the United
States Code unless otherwise stated] means that the owner of a copy-
righted computer program may prepare a copy or adaptation of the program
for the limited purpose of protecting use of the program against dest-
ruction or damage by mechanical or electrical failure. The making of
copies for archival purposes protects the owners of computer programs by
granting them the right to make backup copies.
2.0 We conclude that the difference between section 108 and section 117
(2) is that section 108 uses the term "archives" as a reference to a place
in which public records or historical documents are preserved [note:
Webster's New Collegiate Dictionary defines archive as: "a government
house; a place in which public records or historical documents are
preserved."] rather than the use to which a copy of a computer program may
be put. Section 108 authorizes libraries or archives to make a copy or
phono record of a work for specified purposes such as the replacement of a
copy or phono record that is damaged, deteriorating, lost, or stolen or
when the library or archives determines that an unused replacement cannot
be obtained at a fair price. Section 117 on the other hand is aimed at
owners of computer programs as opposed to libraries or archives. In both
instances it appears that the intent is to authorize the making of copies
for purposes of preservation.
3.0 We conclude that there is no difference between an "archival" copy and
a "backup copy" as these terms are used in the context of section 117 (2).
It appears that the terms are used interchangeably.
4.0 The owner of a copy of a computer program legally may make more than
one copy for archival purposes.
4.1 Section 117 does not impose any limitations on the number of archival
copies that an owner of a copy of a computer program may make.
5.0 We conclude that it is legal to use an archival copy of the original
computer program with the original program being protectively stored away.
5.1 If the archival copy is damaged during use, another archival copy may
be made from the original and used without the permission of the copyright
owner.
6.0 Although not free from doubt, we conclude that it is legal to use a
purchased program sent from a manufacturer labeled "archival" simul-
taneously with the original copy of the program received at the same time
provided said use is permitted by the terms of the sales agreement.
6.1 It is legal to make an archival copy of a rightfully owned disk that
is labeled "archival" by the software manufacturer.
6.2 We conclude that it is not legal to transfer the ownership of a disk
labeled "archival" by a manufacturer while retaining the purchased
original copy of the same program.
6.3 The new holder of the "archival disk" would be entitled to copy the
"archival" program they have been given provided that is the only copy
they were given.
7.0 We conclude that the loading of a copyrighted program into a
distribution network or in individual computers for simultaneous use
without the permission of the copyright owner would be in violation of
copyright law.
8.0 We conclude that it is not legal to alter a copyrighted computer
program in any way during the process of making an archival copy unless
such an alteration is an essential step in the utilization of the computer
program in conjunction with a machine.
8.1 We conclude that an archival copy altered during the copying process
may be used in an educational setting.
DISCUSSION
On December 12, 1980, President Carter signed into law (P.L. 96- 517)
which amended the 1976 Copyright Act. The amendment in effect repealed
section 117 of the Act, and replaced it with a new section 117. The former
section 117 dealt with the use of copyrighted works on computers and did
not address the issue of copyrightability of computer programs. The repeal
of section 117 was a result of a study conducted by the National
Commission on New Technological Uses of Copyrighted Works (CONTU). Based
on the recommendations made by CONTU, section 117 was repealed and a new
section 117 was enacted to govern the copyright ability of computer
programs.
There is very little case law on the interpretation of section 117 and the
legislative history is also scant. However, since Congress adopted the
recommendations of the CONTU report without alteration, it is fair to
conclude that the CONTU report reflects the congressional intent. (Midway
Mfg. Company v. Strohon, 564 F.Supp. 741, 750 (n6) N.D. Ill. (1983).)
"1.0 What is the meaning of the phrase 'for archival purposes' in Section
117 of the U.S. Copyright Law?"
Section 117 states in pertinent part:
"Notwithstanding the provisions of section 106, it is not an infringement
for the owner of a computer program to make or authorize the making of
another copy or adaptation of that computer program provided:
(2) That such new copy or adaptation is for archival purposes only and
that all archival copies are destroyed in the event that continued
possession of the computer program should cease to be rightful . . ."
In explaining the limited purpose of the archival exception, the CONTU
report at page 31 states:
"One who rightfully possesses a copy of a program, therefore, should be
provided with the legal right to copy it to that extent which will permit
its use by that possessor. This would include the right to load it into a
computer and to prepare archival copies of it to guard against destruction
or damage by mechanical or electrical failure. This permission would not
extend to other copies of the program."
With this guidance, the court in Atari, Inc. v. JS&A Group, Inc. (1983)
597 F.Supp. 5 held that "[w]here, and only where, a medium may be
destroyed by mechanical or electrical failure, the archival exception
protects the owners of programs stored in that medium by granting them the
right to make backup copies." (supra at p. 9.)
We conclude, therefore, that the phrase "for archival purposes," as used
in section 117 (2) means that an owner of a computer program is authorized
to make a copy or adaptation of said program for use as a backup copy
where there is a danger that the original may be destroyed by mechanical
or electrical failure. The purpose of section 117 (2), is clearly to
protect the use of computer programs against the risk of destruction or
damage.
"2.0 What is the difference in the intent of 'archival use' in Section 108
of the U.S. Copyright Law versus that of Paragraph 2, Section 117?"
Section 108 provides in pertinent part
"(a) Notwithstanding the provisions of section 106, it is not an in-
fringement of copyright for a library or archives, or any of its emp-
loyees acting within the scope of their employment, to reproduce no more
than one copy or phono record of a work, or to distribute such copy or
phono record, under the conditions specified by this section, . . ."
The application of this section is clearly limited to libraries and
archives. The use of the word "archives" in this provision is in reference
to the place in which public records or historical documents are preserved
and a further reading of section 108 reveals the conditions under which
places such as archives may reproduce or distribute copyrighted work.
Section 117, on the other hand, is applicable only to owners of computer
programs and specifically makes reference to the making of copies for
"archival purposes." The use of this latter term is in reference to the
actual use to which copies may be put.
A library or archives, under the conditions specified in section 108, may
reproduce or distribute no more than one copy or phono record of a work
provided the collections of the library or archives are open to the public
or available to persons doing research. (Section 108 (a) (2).) The
reproduction or distribution of the work must include a notice of
copyright. (Section 108 (a) (3).) A library or archives may not reproduce
or distribute a copy or phono record of a work if it is for a direct or
indirect commercial advantage. (Section 108 (a) (1).)
For example, under the circumstances stated above, section 108 authorizes
a library or archives to make a copy of a copyrighted work for purposes of
replacement of a damaged, deteriorating, lost or stolen copy if the
library or archives has determined that an unused replacement cannot be
obtained at a fair price. In addition, section 108 addresses the making of
copies by users of the library or archives.
We conclude that the difference in the intent of "archival use" in section
108 and section 117 is that section 108 states the conditions under which
a specific type of entity (libraries or archives) may make copies of any
copyrighted work whereas section 117 provides the purpose for which any
owner may make copies of a specific type of copyrighted work (computer
programs). Section 108 does not use the term "archival use" and does not
limit the use of copies for "archival purposes" as the latter term is used
in section 117. (See discussion of meaning of the term "archival purposes"
under 1.0.)
"3.0 What, if any, is the difference between an 'archival' copy and a
'backup' copy as it applies to Section 117 of the U.S. Copyright Law?"
There does not appear to be a difference between the terms "archival" copy
and "backup" copy in discussions dealing with section 117. Our research
indicates that both terms are used interchangeably. In Atari, Inc. v. JS&A
Group, Inc. (1983) 597 F.Supp. 5 at p. 9, the court states:
"The archival exception protects the owners of programs stored in that
medium by granting them the right to make backup copies . . ."
"4.0 Is it legal to make (as opposed to use), at one time, more than a
single archival copy of a copyrighted computer program?"
It is unclear whether more than a single archival copy of the copyrighted
computer program legally may be made at one time. However, a review of
section 117 and portions of the CONTU report suggest that more than one
copy of a computer program may be made for backup purposes only.
Section 117 states in pertinent part ". . . any exact copies prepared in
accordance with the provisions of this section may be leased, sold, or
otherwise transferred, along with the copy from which such copies were
prepared, . . ." A National Science Foundation report to CONTU as cited by
the court in Apple Computer, Inc. v. Formula International, Inc. (1984)
594 F.Supp. 617 states as follows:
"In order to effectively use a copyrighted computer readable work, an
owner of a copy should have the right to make and retain additional copies
for his internal use . . ." (at page 621).
The CONTU report also states at page 31: ". . . This would include the
right to load it into a computer and to prepare archival copies of it to
guard against destruction or damage . . ." In addition, the court in
Atari, Inc. v. J S & A Group, Inc. (1983) 597 F.Supp. 5 also recognized
that ". . . the archival exception protects the owners of programs stored
in that medium by granting them the right to make backup copies."
We conclude therefore that in the absence of a statute that specifically
prohibits the making of more than one archival copy, the above language
found in the CONTU report, cases and in section 117 suggests that the
owner of a computer program may legally make more than a single copy for
archival purposes.
"4.1 If the answer to 4.0 is 'yes', is there a limit to the number of
archival copies which may be on hand (but not used) at one time?"
We have found no case law or statutes on the issue of whether there is a
limit on the number of archival copies which may be on hand (but not used)
at one time. However, since the clear intent of section 117 is to protect
the use of a computer program against the risk of destruction or damage
and the backup copy provides said protection, and is not to be used as a
second copy of the original, we see no reason why there would be a need
for more than one archival copy. The intent of section 117 (2) as has been
discussed above is to protect the original copy of a computer program
against a particular type of risk--in this case destruction or damage by
mechanical or electrical failure. The making of more than one archival
copy would be within the spirit of the law provided said copies are stored
and used only as backups.
"5.0 Is it legal to use an archival copy of the original computer program,
with the original program being protectively stored away?"
By using an archival copy and storing away the original, the owner of a
computer program would in effect be protecting the original against
destruction or damage and would not be going against the intent of the
law.
We conclude that it is legal to use an archival copy of the original
computer program while the original program is protectively stored away.
"5.1 If the answer to 5.0 is 'yes', and if the archival copy is damaged
during use, can another archival copy be made from the original and used
without the permission of the copyright owner?"
If the archival copy which is being used is damaged during use, we
conclude that another archival copy may be made from the original and used
without the permission of the copyright owner. Since the purpose of making
an archival copy is to provide the owner of the computer program with a
backup copy, it follows that upon damage to the archival copy, which is
being used in lieu of the original, the owner should be able to produce
another copy even if the original is to be used as the backup.
"6.0 Is it legal to use a purchased program sent from a manufacturer
labeled 'archival' simultaneously with the original copy of the program
received at the same time?"
The limited purpose of the archival exception is to "guard against
destruction or damage by mechanical or electrical failure" (CONTU report
at p. 31; Atari, Inc. v. JS&A Group, Inc. (1983) 597 F.Supp. 5). The
archival exception of section 117 (2) applies only to owner made or owner
authorized copies of the original. Furthermore, there is no indication in
the cases discussing the CONTU report that section 117 was intended to
apply to manufacturer supplied archival copies. It would appear from the
above that a manufacturer supplied archival copy would not be subject to
the restrictions of section 117 and that section 117 does not prohibit an
archival copy supplied by a manufacturer from being used simultaneously
with the original copy. We recognize that this technical construction of
section 117 is inconsistent with the intent of the legislature in enacting
section 117. We caution therefore that there is a certain degree of
uncertainty as to how a court would decide whether such use of an
"archival" copy supplied by a manufacturer is in violation of the
copyright law. We therefore conclude that whether or not the use of an
"archival" copy supplied by the manufacturer may be used simultaneously
with the original copy, would best be determined by the contractual terms
of the sales agreement. In view of the uncertainty discussed above, we
would suggest that an owner who is being supplied with an "archival" copy
and who intends to use it simultaneously with the original, ensure that
such use is covered by the terms of the sales agreement.
"6.1 Is it legal to make an archival copy of a rightfully owned disk that
is labeled 'archival' by the software manufacturer?"
The owner of a computer program which is labeled "archival" by the
software manufacturer is authorized by section 117 (2) to make a copy of
said program for "archival purposes." If the archival copy is the only
copy of the program that the owner has in his or her possession, then the
making of another copy to protect the "archival" copy would be authorized
by section 117 (2). However, if the owner has an "archival" copy provided
by the software manufacturer in addition to an original copy, we see no
reason for the making of another archival copy since there appears to be a
backup in existence.
"6.2 Is it legal to transfer the ownership of a disk labeled 'archival' by
a manufacturer while retaining the purchased original copy of the same
program?"
Section 117 requires that copies made for "archival purposes" by the owner
of a copy of the program be destroyed when the owners "continued
possession of the computer program" ceases to be rightful. The section
goes on further to state that archival copies prepared pursuant to section
117 may be leased, sold, or otherwise transferred, along with the copy
from which such copies were prepared, only as part of the lease, sale, or
other transfer of all rights in the program. It is not clear, however,
whether this provision would apply to archival copies supplied by the
manufacturer. Any right of a purchaser to transfer the ownership of the
original copy of a computer program or a manufacturer supplied archival
copy would usually be governed by the terms of the purchase or lease
agreement. In the absence of a provision of the agreement governing the
ability to transfer ownership of the original or archival copy while
keeping the other, we believe that the owner of such a copy would be
subject to the provisions of section 117 since the archival copy provided
by the manufacturer is designed to be used as a backup pursuant to the
intent of section 117. The archival copy may therefore be transferred only
if the owner is also transferring the original copy from which the
archival copy was prepared. The owner may, however, transfer the ownership
of an archival copy provided by the manufacturer and retain the purchased
original where such transfer is authorized in a contractual sales
agreement between the manufacturer and the owner/purchaser.
In view of the uncertainty in this area, we would advise that the owner of
a computer disk labeled "archival" by a manufacturer not attempt to
transfer the ownership of said disk without the authorization of the
manufacturer.
"6.3 If the answer to 6.2 is 'yes', is the new holder of the 'archival'
disk then entitled to copy the 'archival' program they have been given?"
In view of our response to 6.2, a response to 6.3 is not necessary.
"7.0 Is it legal to load a copyrighted program from a single disk into a
distribution network or into individual stand-alone computers for
simultaneous use, without the permission of the copyright owner?"
The court in Apple Computer, Inc. v. Formula International, Inc., (1984)
594 F.Supp. 617, 621 quotes an excerpt from the CONTU report which states
that an owner's right to internal use of his copies of a copyrighted
program "should not include the right to make the work available to
outsiders by a computer network or otherwise." The court in Apple also
notes a CONTU Commissioner's opinion that if a copy of a work is to be
stored in a computer and subsequently made accessible to others, its
creation would have to be properly authorized by the copyright's
proprietor. (supra at 621.) The court concluded that a copy of a computer
program authorized by section 117 may be made only for the owner-user's
internal use. Section 117 does not authorize the loading of a copyrighted
program from a single disk into a distribution network or to individual
stand- alone computers for simultaneous use where it would allow access by
persons other than the owner-user. If, however, the distribution network
provides communication only to the owner-user's business or all of the
individual's stand alone computers are used in the owner-user's business,
then such use would be appropriate.
Section 107 articulates the so-called "fair use" doctrine that:
". . . the fair use of a copyrighted work, . . . for purposes such as . .
. teaching (including multiple copies for classroom use), . . . is not an
infringement of copyright. In determining whether the use made of a work
in a particular case is a fair use, the factors to be considered shall
include:
(1) the purpose and character of the use, including whether such use is of
a commercial nature or is for nonprofit educational purposes.
(2) the nature of the copyrighted work.
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole and (4) the effect of the use upon the
potential market for or value of the copyrighted work."
Although the use of a computer program by the County Department of
Education or a school district might be for nonprofit educational
purposes, the nature of the work to be reproduced in this instance, an
easily duplicated computer program, would weigh against its being exempt
under the "fair use" doctrine when section 117 of the Act, which expressly
addresses computer programs, is considered. By loading the copyrighted
program into a distribution network, the program would be made available
to a wide range of educational institutions thereby negatively impacting
the potential market for the sales of that particular computer program.
Loading the copyrighted program into a distribution network which is
accessible only to the owner-user would however be permissible. We
therefore conclude that the loading of a copyrighted computer program into
a distribution network accessible by persons other than the owner- user
would be in violation of copyright law.
"8.0 Is it legal to alter a copyrighted computer program in any way during
the process of making an 'archival' copy?"
Section 117 (1) states that an owner may make a copy or adaptation of
computer program provided that "such a new copy or adaptation is created
as an essential step in the utilization of the computer program in
conjunction with a machine and that it is used in no other manner, or . .
. (2) such a new copy or adaptation is for archival purposes only . . ."
The right to make a copy of a computer program exists only "to that extent
which will permit its use by that possessor . . ." (Apple Computer, Inc.
v. Formula International, Inc. (1984) 594 F.Supp. 617). As further stated
in the Apple case "The intent of that section 117 is to provide a
legitimate holder of a computer program with permission to do that copying
of the program which is necessary for him to be able to use it in his
computer without running afoul of possible infringement actions." (supra
at p. 621.)
Based on the above, we therefore conclude that the alteration of a
copyrighted computer program during the process of making an archival copy
is permissible only if the alteration is necessary for the owner's use in
his computer.
"8.1 If the answer to 8.0 is 'yes', may this archival copy be used in an
educational setting?"
As discussed earlier, an archival copy may be used as a backup copy or in
lieu of the original and may be used in an educational setting by the
owner. However, an archival copy may not be used as a second copy of the
original neither may it be used over a network system for utilization by
persons other than the owner-user.
Please note that the right to make a copy or adaptation for use or
archival purposes as discussed above extends only to the owner of the copy
of a computer program and not to someone who merely acquires possession of
the copy by rental, lease, or otherwise, without acquiring ownership of
it.
Please do not hesitate to contact us if you have any further questions.
Very truly yours,
LLOYD M. HARMON, JR., County Counsel
By
DESIREE A. BRUCE-LYLE, Deputy
-------------------------------------------------------------
This lengthy opinion will not be analyzed here. Although (reflecting the
fact that its author was not a specialist in copyright law) it contains
several errors in the more obscure areas of the law, it is nevertheless
right on target in its treatment of the most basic areas (such as archival
backup and the use of backup copies) of vital importance to computer
users. A detailed analysis is given in the reference cited below.
-------
Read all about it in "THE COPYRIGHT GAME, ETC.--A Strategic Guide for
the Computer Software User," by Albert Silverman. ISBN 0-9527435-1-8. 330
pages in nominal 8-1/2"x11" format, softbound with an attractive cover.
What is the purpose of this book? Replacing the legal Mumbo-Jumbo with
plain English, it provides an all-inclusive, detailed, and impartial
explanation of the computer software copyright laws, using past court
cases for clarification of obscure language in the written letter of the
law. Since there is NO commercially-generated distortion, it is likely
that you will find some surprises; i.e., which run contrary to the
industry's self-serving "interpretation" of the law. Thoroughly debunked
is the industry's attempt to pirate your legal rights by the use of a
phoney "licensing strategy." Included is a detailed and entertaining
analysis of several leading Software License Agreements. In summary, you
are provided with sufficient and accurate information (i.e., the legal
FACTS) to permit you to handle your computer software in the manner
intended by the U.S. Congress, while safely ignoring those industry
perversions of the law which seek to gain for it an unfair advantage.. at
YOUR expense.
Exposed in great detail is the outrageous software industry piracy of
the legal rights of unsophisticated software users (directed by
unconcerned educational administrators) within the California public
schools. For the first time ever, this well-hidden scheme has been
unearthed (with supporting and incriminating documentation from my
extensive research into the inner educational sanctum) and is being made
public. Although this ongoing effort is particularly well organized in
California, the premier "computer state," it blankets the entire nation,
leaving no educational level uncovered.
The disastrous result of this exceptionally cozy relationship between
the computer software industry and the California Department of Education
is explained. If you are at all concerned about the way in which this
illicit educational-commercial "partnership" affects the integrity of
computer education in your public schools and drains away your tax money
to line the software industry's pockets with unwarranted profits, this
book is essential reading.
What will NOT be found in this book? Since its sole purpose is to
ensure that you understand precisely what conduct is required for your
(simultaneous) compliance with federal copyright law and state licensing
law, there are no sermons about your "moral" or "ethical" obligations.
That is, it is only your hard and fast LEGAL obligations which are
addressed. The industry's "moral suasion" is most often an attempt to get
the software user to obey the law; i.e., it is a substitute for the
economically-unfeasible prosecution of small- scale violations of the
copyright law. On the other hand, there may also be a piratical attempt to
make an end-run around the law. That is, when there is NO ground for legal
action against the software user, the industry may seek to gain its own
way, either by shaming the user with claims of immoral and/or unethical
conduct or by the use of a phoney (and usually coercive) "license." This
book sorts it all out for you.
--------
The price of $19.92 (check or money order) includes $4.50 for
handling, shipping by UPS, and sales tax if shipped to a California
address. A street address is required for shipping purposes. Off-
the-shelf delivery from:
INTELLOGIC PRESS
P.O. Box 3322
La Mesa CA 91944
--------
Any questions? If you want information about the subject matter of
this article, or if you want more information about my book, send me a
message by GE Mail. My GEnie mail address is A.SILVERMAN4. Or you may
write to me at the above address, enclosing a stamped, self-addressed
envelope if you would like a reply.
_______________________________________________________________
> The LINK STR InfoFile NEW! External SCSI host!
"""""""""""""""""""""
THE LINK(tm)
============
AN ALL NEW EXTERNAL
SCSI HOST ADAPTER
FOR
ATARI ST COMPUTERS
Press Release:
ICD, Incorporated, a leading designer and manufacturer of hardware
enhancements for Atari computers, today announced The LINK, a highly
integrated external SCSI host adapter for all Atari ST computers.
For the past five years ICD has enjoyed an enviable reputation as the
world leader of interfaces connecting Atari ST computers to SCSI devices.
Not willing to rest on its laurels, ICD is always looking for ways to push
the envelope for data transfer rates, to use the latest in hardware and
software technology in order to continually redefine state-of-the-art in
the Atari ST host adapter market. This path has given ICD customers the
fastest possible hard drives, with uncompromising compatibility and speed
at competitive prices.
The LINK, from ICD, allows Atari owners even more flexibility in their
choice of hard drives. The LINK is an external SCSI host adapter designed
to plug in to a standard 50 pin centronics style SCSI connector. In an
attractively-designed molded case measuring just 2.5 inches by 3 inches
and less than .75 inches thick (63x76x19 mm), The LINK will fit into most
any SCSI environment. The LINK is powered by the termination line of the
target SCSI device and will support up to 8 SCSI devices. This allows the
use of external SCSI drives originally designed for the Apple Macintosh,
IBM PC, Commodore Amiga, NeXT, Atari TT and Falcon, or most other standard
SCSI drives with Atari ST, STE, Stacy, and STBOOK computers. Just plug
and go. Since most drives require no modifications, The LINK won't affect
the drive manufacturer's warranty.
The LINK, along with ICD's highly acclaimed software, also gives multi
platform computer owners unprecedented flexibility. If the SCSI drive is
formatted under MS-DOS with FDISK, the user can directly read and write
files from Atari computers under TOS using the ICD driver, IBM PCs running
PC-DOS or MS-DOS, and Amiga computers running AmigaDOS 2.1 or later using
the integral CrossDOS utility.
Thomas Harker, President of ICD, explained;
"This is a real breakthrough in SCSI support for Atari ST computers.
Not only is this a great value in hardware connectivity, but the
software that comes with it is unbeatable."
CD-ROMs are now supported! Since The LINK supports extended SCSI
commands we wrote MetaDOS drivers to support the SCSI-2 standard for
CD-ROM players. Floptical drives are now fully supported! With the
Insite Floptical drive you can read and write IBM-compatible floppy disks
at 720K, 1.4Mb, and 21Mb configurations on your Atari ST computer.
Magneto-optical drives are also supported! We now support virtually all
R/W optical drives in the 3.5 and 5.25 inch formats."
The ICD LINK is competitively priced and will be premiered at the
Atari Messe in Duesseldorf, Germany in August. ICD is taking orders now
with shipments expected in mid-August. The LINK comes with a full one
year warranty.
For further information, contact Thomas Harker at ICD in the United
States by phone (815) 968-2228 extension # 120 or fax (815) 968-6888.
The LINK is a trademark of ICD, Incorporated. Other trademarks are
those of their respective holders.
ICD, Incorporated
1220 Rock St.
Rockford, IL 61101 USA
Telephone: (815) 968-2228
Facsimile: (815) 968-6888
Sales....: (815) 968-8550
____________________________________________________
> KILL THE MESSENGER! STR Spotlight THE GAMES NEVER END
"""""""""""""""""""""""""""""""""
A NEVER ENDING STORY
====================
by Dana P. Jacobson
What will it take for the foolishness to end? Many people, myself
included, have been asking that question for well over a year now, at
least. Apparently, there is no simple answer to such a simple question.
The madness continues...
It's extremely obvious that there is an ongoing campaign to stifle the
opinions of Ralph Mariano and STReport on as many venues as possible. The
latest "attack" was the pulling of the STReport flags in the GEnie Atari
Roundtable for no logical and specific reason. Apparently, the reason(s)
will not be discussed in the open; the flags were apparently revoked due
to lack of support by STReport and its staff. I wish that someone in the
Atari RT would define "support" for me, because it's obvious to me that we
have differences of opinion as to what is involved in this regard.
Figures to back up the amount of support that STReport has provided over
the years has been posted numerous times in the STReport category on
GEnie, so I will not repeat them. But, let's see what type of support
STReport provides.
Each issue of STReport is uploaded _every_ Friday evening to all of
the online services, including GEnie Atari RT. Rarely have I seen an
exception to that self-imposed policy. Our readers have come to expect
that service on a timely basis, so we do our best to make sure it's
available. Obviously, we have no control over _when_ the appropriate
SysOps make it public for download. Download counts for _each_ issues has
been in the hundreds. STReport, until fairly recently, supported its own
Category. A short time ago, that Category was phased out by the Atari RT
and we were added to the Atari Magazines Category. This move had
"political" undertones, but at least it was done "fairly" across the
board, as the Znet Category was also phased out and added to the magazines
category.
With the STReport flags pulled, STReport and its staff are now
required to support their area on GEnie Atari RT, and _pay_ to do so.
Unless Business 1.01 has changed over the years, those who provide the
service do not pay to do so. No one has told STReport that they cannot
post STReport issues anymore. No one has stipulated that STReport cannot
maintain their message Topics and support them. No one has said that
STReport cannot utilize the Atari RT and other areas within GEnie Atari RT
to gather news items. All that the folks in the Atari RT are saying is
that STReport must now pay to do so! Many have decried that this is
censorship, but I must disagree with that assessment. STReport can still
do everything that it was allowed to do prior to this; but now, it must
pay for the "privilege". 'Tis not censorship, it's an unfair business
tactic. It's a method used in the hopes that STReport will be put in the
position of financial upheaval and decide that the process of gathering
news from GEnie Atari RT will turn out to be financially draining and
STReport will just exit from the GEnie Atari RT arena.
Why do I make such claims? Well, have other publications currently
online had their free flags revoked? Not that I am aware. There are only
two Atari-specific online magazines currently available, on all of the
services. Anyone wish to hazard a guess as to what the other magazine is?
Let me give you a hint, just to make sure that you can only guess once: it
was recently called Z*Net. Does AE Online provide any more "support" than
STReport does? Other than occasional "words of wisdom" from Atari's Bob
Brodie, no. Until very recently, AEO was bi-weekly; STReport is weekly.
This can equate to twice as much support. Perhaps the staff at AEO
realized that in order for them to maintain "up-to-the-minute" coverage,
they had to go to a weekly format. Still, both magazines provide similar
coverage of the news and online support, yet, STReport's flags were
revoked and AEO's are active! Makes you wonder.
So, Atari RT, please define "support" so that our readers can be
informed. Could it be that GEnie Atari RT's Atari RT staff feels that
STReport doesn't support GEnie Atari RT and the Atari RT enough in its
online coverage? Or does the Atari RT staff want exclusive coverage and
not provide coverage of the other online services? Or, do they want a
much bigger slice of the pie so that the GEnie Atari RT Atari area can
maintain the claim of the "official support" service of Atari, with the
slanted "proof" supported by STReport's coverage? Sorry folks, it just
doesn't work that way. Free flags, at least the way in which _I_
understand them, are provided with the intention that they be used to
provide support for the users of the service, resulting in more activity
on that service and generating income for the host service. STReport
downloads equal activity which generates revenue for GEnie Atari RT. The
same can be said about the message activity in the STReport message
topics. So, where is the lack of support? Ralph Mariano is online every
day to check messages and replies to those that do not have worms
camouflaged on barbed hooks. Lloyd Pulley was almost as active. That
accounts for the two flags; there was also activity by other STReport
staff members who are normal paying GEnie Atari RT customers, but they
helped to support the STReport areas. How many people with free flags can
honestly state that they call regularly to support their areas? How many
of those visit areas other than their own and answer questions and
provided help when able? If someone answered 50%, I'd be suspicious of
that high figure. So, Atari RT staff, what's the real reasons behind
this?
Initially, I thought that this was all due to an ongoing beef on the
part of the Atari RT with Ralph. Then I saw a message from Ron Luks of
Compuserve that stated that he was "approached" by someone from Atari.
That person, nameless to the public, offered more visible online support
from Atari personnel in exchange for revoking the STReport free flags
from Compuserve! Hmmmm!! Isn't there an ongoing survey in which a
certain Atari employee is trying to solicit from the various online
services response to the question: where do you want me to be?
Could it be possible that Atari, or an Atari representative, is
seeking some kind of leverage to use on various online services to get rid
of STReport? Let's see, the STReport's flags were revoked from GEnie
Atari RT; and GEnie Atari RT would certainly NOT want to lose their
contract. Compuserve was approached with the means to gain more visible
support in return for STReport's flags being pulled. These two service
are the two largest in the world, and obvious choices for online support
for Atari to situate themselves. Gee, all that Atari is doing is asking
that some free flags get pulled, and that online support will miraculously
be there! We wouldn't want STReport around to muddy up the water, now
would we?
Well folks, the scheme didn't work as nicely as a few people would
have liked it to work. STReport supporters, and even some who aren't
'regular' supporters but saw a raw deal in the making made some generous
contributions by way of "gifts of time". This has allowed STReport to
continue to gather news and maintain an online presence on GEnie Atari RT.
To all of you who provided this magnanimous support, we thank you. To Ron
Luks and his staff, we wish to thank you all for your maintaining your
impeccable integrity and not accepting what can only be defined as a
bribe. I believe that Mr. Luks felt that how he reacted to this "offer"
was not in the best interests of his users, regardless of the possible
benefits that may have been generated by more Atari visibility on
Compuserve. It appears that some people have a keen sense of reality and
fair play.
So where does that leave STReport with regard to GEnie Atari RT? Will
STReport fade away once the gifts of time are exhausted? Don't bet on it.
(there's almost $500.00 in GOT now and its building by the day!) By now,
you may or not know that STReport is now attempting to be sponsored and
located in a completely separate area outside of the influences of Atari
RT. Where we would no longer "governed" by the politics surrounding the
Atari RT. No longer would strings be attached to STReport staff with
flags and internals held over their heads. The STReport flags and
internal will hopefully be restored so STReport can be unencumbered
financially and editorially to provide excellent online support in our
_own_ category once again. It appears that GEnie staff outside the realm
of the Atari RT has a real world sense of fairness; and it is much
appreciated. STReport is still being hampered by arguments from the
proprietors of the Atari RT and Bob Brodie. They find us to be a
"valuable" Atari resource and want the issues there but _Darlah claims_ we
do not contribute a significant value to _her_ RT to warrant consideration
for the internal account, category and the flags to be restored. Oddly
enough, others at GEnie seem to think we _do_ provide _more_ than a
"significant value". That only leaves us with the obvious impression that
Darlah and Brodie want to be able to "control" STReport to serve their
purposes, whatever they may be. They can easily do this by holding the
accounts and access "hostage". We, at STReport want out from under this
oppressive thumb. We want the ability to serve in an RT where we are
welcome. An appropriate RT. The GEnie Lamp RT. For the benefit of all
the GEnie subscribers who appreciate the efforts of STReport, we can only
hope that this happens. Perhaps, if they were to hear from our readers
and from those who still believe in a sense of fair play and freedom of
the press, things will change for the better. For if this outrageous
precedent is allowed to occur, all we can ask is ... who or what will be
next? It is a bad precedent to set..... for anyone.
So, what did all of this behind the scenes behavior by an Atari
individual(s) accomplish? Nothing but continued affirmation at
unsuccessful attempts to either "control or run STReport out of town".
Nothing but more unsuccessful attempts to force STReport to take the
position that every Atari user has this feeling of "unrequited love and
affection" for a company and its personnel; that the company and its
personnel can do nothing wrong and all's well in the Atari world. Nobody
is that perfect, including the staff of STReport. We all make mistakes;
and we all say things that we may come to regret later.
To force the Atari userbase to be further split is not the answer; and
Atari can ill-afford to do so. The things that STReport has been saying
all these years, however unflattering to Atari and some of its employees,
has been true. We are not the only publication to point out Atari's
failings over the years. Need proof? Go to your local bookstore or
newsstand and pick up the August 03, 1992 issue of Forbes Magazine. In an
article titled "Cheap Didn't Sell", the "teaser" claims that "computer
game maker Atari Corp. is "in trouble again", a prime example of the
dangers of pinching pennies on everything from marketing to expense
accounts." The article is very informative, but it is not flattering at
all. It does seem, after all, that Atari needs to take a refresher course
in Business 101. It really is time to get rid of the personality
conflicts that surround Atari and do what they have proved before: make
damn near the best computer on the market. Maybe the Tramiels will
realize this with the upcoming Falcon. STReport will, despite Brodie and
Darlah's efforts, be there unrestricted, reporting ALL THE NEWS. You can
bank on it!
______________________________________________________________
> STReport CONFIDENTIAL "Rumors Tidbits Predictions Observations Tips"
"""""""""""""""""""""
- Sunnyvale, CA REVOLVING DOOR DOING JUST FINE!
-------------
When is the constant flow of bright young minds going to stop zipping
through Atari's grasp. It never ceases to amaze this reporter when
another of the Bright young stars in the computing industry disappears
from the halls of Atari. Mike Groh has now joined that long, long
procession of bright young men who have spent what amounts to a vacation
time in Sunnyvale. Why can't Atari hold onto the bright minds? Why is it
that those who have the ideas and the drive soon bite the bullet? Tough
questions all.. Forbes said 27 left in a short time. Now, make it 28. No
wait, we forgot about John Jainschigg make it 29. Uh oh, now there's Gary
Rodgers he is also gone.. make it 30. <sigh>
- Toronto Canada ATARI CANADA CUTS ARE DEEP
--------------
Rob McGowan hit the bricks and now the phones for Atari Canada have
only an answering machine working? After 16 tries through the course of a
day, only the machine. What is the story there? Hmm this ought to be a
dilly. More Consolidation of the company's resources? An illusion? A
wrong number?
- San Leandro, CA ATARI REPRESENTATIVE DISCUSSES STREPORT
---------------
It appears one of our "super snoops" was in the same room when one of
Atari's "finest" was busy singing the praises of STReport and its editor.
Its one thing to brag about us but to brag about how we seem to have the
"phones bugged" at Atari? 'Tis a bit much.. Of course, the party who was
there, running his mouth, knows exactly what was said as we do too. Soon
the entire Atari community will know also.
- Sunnyvale, CA ATARI UPSET ABOUT FORBES ARTICLE
-------------
Oddly enough Atari's head honchos seemed to be quite upset about the
Forbes article but not the way most would imagine. It appears they were
more "tight-jawed" about the office changing remarks than they were over
the criticisms of the company and its lackluster performance. In fact,
our snoop sez the ruckus raised over the remarks about Sam's "NEW office"
was "quite a scene and lasted all day long." Ah yes.. kill a leak and
watch a flood. Only from graduates of business 101 and a half.
- Merlin, OR ATARI ADVANTAGE SOLD
-----------
ATARI ADVANTAGE, offshoot of ST Informer, reportedly has been sold to
Castle Publishing in Texas. Atari Advantage, in its shortlived process,
has been very well received by the userbase as a factual, well-written
Atari publication that was more accuracy than sensation oriented. The
previous owners and editor of Atari Advantage are now in Atari's employ.
They are to take over the operation of both the hard copy and the online
version of Atari Explorer.
__________________________________________________________
> STR Mail Call "...a place for the readers to be heard"
"""""""""""""
STReport's MailBag
""""""""""""""""""
FROM CIS
(Handwriting on the Wall?)
#: 67884 S8/Hot Topics
30-Jul-92 13:03:19
Sb: #67876-#Forbes Article
Fm: CodeHead Software 76004,2232
To: INTERSECT Software 76004,1577 (X)
Jeff,
I disagree. You only have to look at the Commodore/Amiga to see an
example of the good that advertising does. Back when CBM did their
massive Amiga advertising push, it was de rigueur for Atari reps to mock
them and say they were "wasting" their money. But talk to any developer
that markets products for both Atari and Amiga, and they'll tell you that
their Amiga sales are 5 to 6 times greater than their Atari sales.
Coincidence? I doubt it...
Compare this to the Atari's current position. When I tell acquaintances
that my company develops software for Atari computers, the universal
response is, "Atari -- you mean they're still in business? I didn't know
they made computers..."
The impact of this Forbes article is going to be very major, and very
negative. Forbes is one of the most respected business magazines in this
country, and investors listen to what Forbes says. The cows are
definitely coming home.
- Charles @ CodeHead Tech
#: 67938 S8/Hot Topics
31-Jul-92 07:53:45
Sb: #67884-Forbes Article
Fm: INTERSECT Software 76004,1577
To: CodeHead Software 76004,2232 (X)
I agree that Atari Management thinks the money spent by Commodore in
advertising the Amiga was wasted. They think this so strongly that they
assumed that the difference in sales figures was because the Amiga had
more colors and better (stereo) sound, thus the STE with the SAME specs
for sound and somewhat for video. Also the MINT (multi-tasking TOS) to be
released soon is somewhat like the Amiga multi-tasking.
Did I mention that the STE now has analog joystick ports like the Amiga.
I think you are right and much of the sales gains for the Amiga are due to
advertising. BUT did they come out ahead after spending that money on
advertising.
I realize that DEVELOPERS >>ALWAYS<< benefit from advertising dollars
spent by a computer manufacturer. AND because of that DEVELOPERS are
willing to spend more effort in developing software for that computer
platform. The Amiga market is MUCH stronger than the Atari market. In
the long run it's better for Commodore. BUT Commodore is very cash poor
at the present time. They have been hurt by this recession as much as
Atari has.
I run a business in a somewhat small market. For every dollar I spend in
advertising I net a dollar. That means I work an extra 10 hours a week if
I advertise and make NO extra money (I work those extra 10 hours for
free).
In a DOS market spending a dollar in advertising nets a dollar. That's
not the answer. It's necessary but you MUST LEVERAGE that money some way
or you are spinning your wheels.
The customer must see some value to him in your advertising. The music
industry sees value in a computer with built in MIDI ports and Atari has
consistently been advertising in MUSIC Magazines.
Atari must have a machine with features not found in a DOS machine for
advertising to be effective, I think they have this in the Falcon.
Now it remains to be seen how they LEVERAGE the advertising and how much
they spend.......
[Jeff]
EDITOR NOTE:
The Forbes article has created quite a stir in the marketplace. To
see the pointed depictions of Atari's leaders as they are is somewhat
rattling to many of the Atari Apologists. You see, its very difficult to
laugh or chide away the reports carried in a highly respected financial
publication. As I see it, the fat lady is climbing the staircase to go on
stage. Only some quick action on the part of Atari's "renowned and
famous" leadership can save the day. We can always look for minor
miracles. After all, they happen every day.
We present the synopsis of that article again for reference;
From GEnie's ST RT
Category 18, Topic 2
Message 47 Tue Jul 21, 1992
LEPULLEY [Lloyd Pulley] at 22:22 EDT
Jeff,
Here's basically what the article said - PLEASE people, I am not saying
these things, I'm paraphrasing what the Forbes article said...
Basically the article said the same things that have been said here for
years. The T's are 'penny-wise and pound foolish'. Jack still hasn't
realized that what worked for him at Commodore - spending almost nothing
on marketing, pro- motion or overhead, but undercutting the competition
with cheap computers - won't work in today's market.
The author goes onto give some examples of Jacks bad decisions and/or
cheap-ness....
Buying Federated for $67 million, losing $124 million in the first year
and putting his son Garry - then in his mid-20's - in charge.
Holding back the 7800 Prosystem videogame for 18 months and then deciding
to upgrade an older system that couldn't compete with Nintendo. When
Atari did release the Model 7800 in '86 they spent about $300,000 to
promote it while Nintendo and Sega spent $15 million each promoting their
systems. Now Nintendo has 80% of the market.
Even when Atari finally came out with the Lynx, according to the author a
superior system to Nintendo's Gameboy unit, Atari again went the cheap
route and spent almost nothing on national advertising. Also, because
Atari had cut their software development to almost nothing, there were
only 4-5 games for the Lynx compared to more than 80 for the Gameboy.
Atari's cheapness helped result in the Gameboy today having 81% of the
market and 16,000 outlets, while the Lynx has 3% of the market and
available in less than 3,000 stores.
Another example he gives of the T's cheapness is the confidential memo to
Sam T. that was leaked. The one where Gary T. refused to allow computer
games president (at that time) Michael Katz to spend $54 to air freight
two game cartridges to an important large client. And how Atari employees
say that Jack T. checks expense accounts to make sure tips don't exceed
15%.
The article's author tells how Jack bought Atari for $240 million in
promissory notes and built up the sales to just under $500 million by '87
and how the stock traded at 16 in the same year. Then he shows that the
sales were down to $258 million last year and the stock now trades in the
1 5/8 range. Not only was last year bad, he says that this year (so far)
will be worse. Atari had losses of $14 million on $44 million in sales
for the first quarter and (according to company sources), the second
quarter will be even worse.
He also tells how 27 Atari exec's have either been fired or resigned in
the past 30 months. How since Atari lost the Nintendo suit, that Jack T.
has taken day-to-day operations away from Sam and is in charge of the
company himself. He even took over Sam's 'fancy corner office' and moved
Sam into a normal office, next to purchasing.
Let's see, what else...according to the author, Atari's European sales
have 'collapsed' (to use his word) to $209 million last year - this was in
comparison to $342 million in '90.
He does talk about the Falcon 030 and the Jaguar. But according to him,
industry sources say that Atari needs at least $40 million in promotions
to give them a real chance to succeed and that's about all the cash that
Atari has on hand. Plus, Atari needs $24 million a year just to meet its
normal operating overhead.
He quotes one anonymous Atari official as saying, "The Tramiels are not
stupid. But their formula for success worked only once. They are not
adaptable people."
My personal opinion is the author isn't going to be investing any of his
money in Atari stock anytime in the near future.
Lloyd E. Pulley, Sr.
Speaking for himself
------------
From GEnie's ST RT
(Where's my support?)
Category 18, Topic 17
Message 1 Mon Jul 27, 1992
A.TIMMONS2 [Android] at 03:44 EDT
Let me tell you a little story. When I was a young lad I became
fascinated with the first home computers (pong). I had heard Atari was the
best in graphics so I saved my money & bought an Atari 2400 game system.
However, I found that they no longer made games for it so I had to
scrounge through the flea markets to get any games.
This only made me appreciate my bargains that much more. A couple of
years down the road I was able to afford a programmable & bought an Atari
130XE. Well they had stopped producing software cartridges for them & I
had to deal w/ Atari Corp. directly if I wanted to purchase anything. At
this point I became quite frustrated & thought to myself, "Android, if you
really want the best they have to offer, skip the ST series & buy a 1040
STe!" WRONG!!!
Most Atari PRG.s are being written in TOS 1.4 due to the popularity of
the ST computer & once again I've been left out in the cold w/ a good
amount of my software crashing at one point or another due to TOS errors.
& now I hear they're coming out w/ a Falcon series of computer? Perhaps I
should be writing this to Atari corp. themselves.
They may make inexpensive computers, but after spending over $4,000 on
their hard & software I'VE HAD IT!! I need to hear someone tell me that
if I'm patient, there will be more stuff written for TOS 1.6. I need to
know Atari hasn't left me in the dark again like they have the entire
U.S. market. Because if they don't my next major purchase will definitely
be an IBM PC & maybe the 1040 STe will make a nice ashtray. Anyone else
out there w/ these problems? I'm getting so angry I could spit!
Android
From the FNET
(Silence the Critics)
Conf : Atari Explorer Online
Msg# : 124597 Lines: 20 Read:1
Sent : Jul 20, 1992 at 9:39 AM
To : SHERVIN SHAHREBANI
From : Bob Brodie at Z*Net Golden Gate - California (Node #706)
Subj : Re: <24500> Open your eyes
In reply to:
> Oh another thing, Mark Kovarski is by NO STRETCH OF THE IMAGINATION an
> Atari basher. He does not have "contempt" for Atari. He, like me,
wish
> that Atari were in a much better position right now. He simply doesn't
> want to be mislead. He wants the facts out on the table where he can
se
> them. Isn't that what we all want?
You could have fooled me, Shervin. I think he does have contempt for
Atari. Frankly, I'm not even sure if he owns an Atari ST/STE/TT right now.
I'm not asking for apologists in this conference. This is a place to
discuss, and get help with Atari ST/STE/TT Computers. You are free to ask
questions on almost any topic related to our product line. However, I get
more complaints about the Kovarksi Brothers than anything else, and that
includes our failure to advertise!!!
Approach is everything online. They come across as arrogant. Most of the
users are reacting negatively to that, which is to be expected.
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
STReport's "EDITORIAL CARTOON"
""""""""""""""""""""""""""""""
> A "Quotable Quote" "...Before agreement can occur..!"
"""""""""""""""""
"RECIPROCITY IS THE CATALYTIC ELEMENT
ABSOLUTELY NECESSARY
IN ALL COMPLIMENTARY HUMAN ACTIVITIES!"
... Minerva Northstar
"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
> ABCO SPECIALS! STR InfoFile * NEW 1992 Prices! MORE Products! *
""""""""""""""""""""""""""" --------------------------------
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STR Online! "YOUR INDEPENDENT NEWS SOURCE" July 31, 1992
Since 1987 copyright (c) 1987-92 All Rights Reserved No.8.31
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Views, Opinions and Articles Presented herein are not necessarily those of
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reprint articles is hereby granted, unless otherwise noted. Each reprint
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editors, contributors and or staff are not responsible for the use or
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