Harvesting software

[Bonnie Fulmer <GBF1@MARISTB.MARIST.EDU>]

    I was hoping an expert would step in to give us a definitive
answer on the question of harvesting software, but I thought
I'd better respond to the list before things get more confused.
I am the "Bonnie" who wrote to Ken, cautioning him about
recommending products like WebWhacker and Web Buddy to others
for the purposes he outlined.  I responded to him personally
precisely BECAUSE I am not an expert; I did not mean my
comments to be passed along to everyone as coming from authority.
     This past summer I attended a wonderful conference on
copyright and multimedia, presented by a national expert on the
topic (Who, I was praying, would step in to address this first!)
I cannot cite specific legislation; I was passing along what I
learned.  I did not say that harvesting software in itself was
illegal.  (No, you cannot be arrested for possession.  :} )
I said that using harvesting software to copy and download
entire websites without express permission is illegal.  And
I said that it was my understanding that harvesting software
could no longer legally be PRODUCED and DISTRIBUTED.
This expert mentioned that WebWhacker, for example, is no
longer being produced or distributed because of this
copyright infringement issue.  I am not sure about other
products, but I think the ban applies to all such programs.
     This expert gave the illustration that many websites
obtain their funding based on the hits they generate.  If
a teacher simply captures a site and downloads it to a
local server, the Website gets credit for one hit, and is
not credited with the hundreds of hits it gets on the local
server.  This is precisely the same as authors who lose
royalties on text copies illegally reproduced on a photo-
copier.  The ultimate result is that these worthwhile
sites will lose funding and close down, and it will be
our loss.
     Basically, the message is that as librarians, we should
do our utmost to uphold the spirit of copyright, not only
for the more clearly defined printed world, but also for the new
world of multimedia.  If you are using harvesting software to
capture entire sites without permission, whether it's for
educational use or not, what you are doing is illegal.
     Ducking wildly, and running for cover, I implore you to
not shoot the messanger, and feel free to correct me if I am
wrong.  I state again: I am NOT an authority on this, just a
librarian who tries to be conscientious.   Sorry for any
confusion.


                     ||~~~~~~~~~~~~~~\/~~~~~~~~~~~~~~||
                     ||        Bonnie | Fulmer       ||
                     ||   Spackenkill | High School  ||
                     ||    112 Spack- | enkill Road  ||
                     || Poughkeepsie, | NY   12603   ||
                     ||  voice: (914) | 463-7810     ||
                     ||    fax: (914) | 463-7817     ||
                     ||   gbf1@maristb.marist.edu    ||
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