Some of you may be aware (or not aware) of the changes that have occurred recently at RootsWeb regarding the way RootsWeb does business. FYI, we are in the pre-1999 category, having been created in 1997. Originally, we were part of the migration from Maiser after that site was hit by spam. I share this information so that you know the current "state of affairs." The new Acceptable Use Policies (AUP) have really generated much discussion among the listowners of the mailing lists, some of the discussion being quite acrimonious at times. Since they may alter our rights to our own submission, I want to keep you posted. Be aware that the solution proposed below is not the official RootsWeb policy but does present the direction I think that the decision will take. We continue to grow steadily from a small handful of Seaman researchers to now about 90+. Small in the overall ranking of lists by size and not, by far, the most active, but nevertheless, one of the most congenial (if I do say so myself) and helpful sites around. Carolyn Mussina Seaman Kinderhook, NY <gregseaman@berk.com> The following report was emailed to me by a fellow listowner. She received it from Listowner-Researcher at RootsWeb who requested anonymity and gifted it to the "public domain." The report includes his "temporary solution" regarding some of the many still-unanswered questions regarding the new AUP and Policies, Procedures and Guidelines and pre-existing Agreements, Policies, Procedures and Guidelines. ARE YOUR POSTINGS NOW OWNED BY ROOTSWEB? A GUIDE TO THE MAILING LIST RIGHTS OF LISTOWNERS AND POSTERS AT ROOTSWEB BEFORE AND AFTER 16 JUN 1999 Prior to 26 May 1999, the vast majority of the thousands of Genealogical Mailing Lists served by the RootsWeb Genealogical Data Cooperative (now a for-profit organization) were administered by Individual Listowners. On 26 May 1999, however, RootsWeb announced the creation of over 3,000 new Surname Mailing Lists, and on 9 Jun 1999, of over 1,000 new U.S. County Mailing Lists ­ all solely owned by RootsWeb. On 16 Jun 1999, RootsWeb published a new Acceptable Use Policy (AUP) in RootsWeb Review, Vol. 2, No. 24, 16 June 1999 (ftp://ftp.rootsweb.com/pub/review/19990616.txt), which significantly reduced the rights and Copyrights of Posters ­ except to those Mailing List subject to Pre-Existing Agreements; i.e., all Genealogical Mailing Lists created prior to 26 May 1999. PRE-EXISTING AGREEMENTS Prior to publication of the new AUP on 16 Jun 1999, the Individual Copyright of each List Posting was that of the Poster, and the Compilation Copyright of each List's Archives (collection of all postings) was that of the Listowner. IF a Listowner chose to Archive his/her List at RootsWeb, RootsWeb owned the Output Copyright of Search Engine Returns (Format and Presentation), but only while the List's Archives were Searchable by RootsWeb Search Engine(s). RootsWeb had no copyright other than the license to the original distribution. IF a Listowner chose to Archive his List at RootsWeb, he had the choice of either the ISearch Search Engine only, or both the ISearch Search Engine and the HotDig Search Engine (with Threaded Archives). IF a Listowner chose to Archive his List at another server, he could do so, regardless of whether or not the List's Archives were also being Archived at RootsWeb. IF a Listowner chose to cease Archiving at any time, he could do so, regardless of whether or not his List's Archives would be maintained on another server. IF a Listowner chose to remove his List's Archives at any time, he could demand that this be done, and was free to delete his own copy and/or upload them anywhere at any time. IF the List Archives were searchable with engines provided by RootsWeb, the latter held an Output (Format or Presentation) Copyright. IF, however, the Listowner chose to not Archive List Postings, or to Archive List Postings on another server. Note: Each Individual List also has its own Policies, Procedures, Guidelines and/or Agreements, most often found in a List's Welcome Letter. These agreements are between the Listowner and the List Subscribers and in many cases supercede and/or are in addition to RootsWeb Policies, Procedures, Guidelines, Agreements and/or AUPS, whether Pre- or Post-16 Jun 1999. POST-AUP (16 Jun 1999) New Mailing Lists (those created after publication of the new AUP on 16 Jun 1999) are apparently covered by the new AUP, under which RootsWeb has (a) the right to Permanent Distribution and Re-Distribution of all Postings; and (b) possibly(?) the right to require "Listowners" to Archive Postings at RootsWeb (and only at RootsWeb?). Unfortunately, many Listowners and Posters have not been notified of pre-existing or new policies, guidelines and rights, nor of current problems and confusion regarding new List Archiving Policies and Procedures. Furthermore, it is impossible for the Poster to know if a List is a New List or an Old List unless the Listowner adds Notices to the List's Welcome Letters, Digest Administrivia and Tag Lines. SUGGESTED MAILING LIST NOTICES I. OLD MAILING LISTS (created pre-16 Jun 1999): A. Tag Lines and Digest Administrivia: Copyright 1999 by Poster and Listowner, All Rights Reserved. B. Welcome Letters (-L and -D) Notice: Because this is a "pre-16 Jun 1999" Mailing List, Individual Postings are owned (copyrighted) by the poster and the collection of postings (List Archives) by the Listowner. II. NEW MAILING LISTS (created post-15 Jun 1999): A. Tag Lines and Digest Administrivia: Copyright 1999 by Poster and the RootsWeb Genealogical Data Cooperative, a for-profit organization, which retains Permanent Rights to Distribution and Re-Distribution (See ftp://ftp.rootsweb.com/pub/review/19990616.txt). B. Welcome Letters (-L and -D) Important Notice: Because this Mailing List was created after 15 Jun 1999, the RootsWeb Genealogical Data Cooperative (a for-profit organization) retains Permanent Rights to Distribution and Re-Distribution. See Also the RootsWeb Acceptable Use Policy (AUP) dated 16 Jun 1999 regarding additional restrictions (ftp://ftp.rootsweb.com/pub/review/19990616.txt). III. ALL MAILING LISTS (regardless of date of creation): A. Post the new AUP B. Post a copy of this Article, in its entirety. (Anonymous, Public Domain, 1999)