104. The Net may need new meta-rules for transporting information across these borders. For example, the members of the LambdaMOO multi-user domain debated at length whether to permit the use of information obtained from the virtual discussion group out in the "real world." See Mnookin, supra note 57, at 20-21. Various online systems have rules about copying or reposting materials from one online area to another. For example, the terms of service for Counsel Connect contains the following rules for acceptable copying:

[M]embers who submit material shall be deemed to (I) grant to . . . subscribers to the system a paid up, perpetual, world-wide irrevocable license to use, copy, and redistribute such materials and any portions thereof and any derivative works therefrom . . . Each member agrees, as a condition of such license, (I) not to remove identifying source information from verbatim copies of member-supplied materials . . . and (ii) not to reproduce portions thereof in any way that identifies the source but fails to describe accurately the nature and source of any modification, alteration thereto or selection therefrom . . . . B. Notwithstanding the licenses granted by members and information suppliers, subscribers . . . shall not engage in systematic, substantial and regular replication of materials supplied to the system by a commercial publisher . . . where the effect of such actions is to provide another person who is not an authorized subscriber to such materials with a substantial substitute for such a subscription.

Terms and Conditions for Use of Counsel Connect (on file with the Stanford Law Review) America Online's Terms of Service Agreement contain a somewhat similar clause:

4. Rights and Responsibilities

(a) Content . . . [Members] Acknowledge that (I) AOL contains information, software, photos, video, graphics, music, sounds and other material and services (collectively, "Content") . . . . AOL permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights. . . . [members'] use of Content shall be governed by applicable copyright and other intellectual property laws. . . . By submitting Content to and "Public Area" . . . [members] automatically grant . . . AOL Inc. the royalty free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide ....

For more details, here is a fuller extract from the text of AOL's Term of Service:

"2.6 Content

(a) Proprietary Rights.

Member acknowledges that the AOL Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. Copyright laws, and AOL Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such Content. Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. If no specific restrictions are displayed, Member may make copies of portions of the Content, including copyrighted material, trademarks, or other proprietary materials, provided that the copies are made only for Member's personal use and that Member maintains any notices contained in the Content such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), You may not upload, post, reproduce, or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the copyright owner. Use of any software Content shall be governed by the software license agreement accompanying such software or, if none exists, then such use shall be proscribed by the terms governing licensing and use of the AOL Software as provided in Section 6 herein.

(b) Distribution/Uploading of Third Party Content.

Member may upload to the software files or otherwise distribute on the AOL Service only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Domain Content"), or Content in which the author has given express authorization for on-line distribution. Any copyrighted Content submitted with the consent of a copyright owner should contain a phrase such as "Copyright owned by [name of the owner]; Used by Permission." The unauthorized submission of copyrighted or other proprietary Content constitutes a breach of the TOS and could subject You to criminal prosecution as well as personal liability for damages in a civil suit. Remember You, not AOL Inc. or its independent contractors, are liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm arising from such submission. By submitting Content to any "Public Area" (Public Area(s) are those areas of the AOL Service that are generally accessible to other Members, such as chat rooms, message boards, and file uploads) You automatically grant, or warrant that the owner of such Content has expressly granted, AOL Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any Member to access, view, store or reproduce the Content for that Member's personal use. Subject to this grant, the owner of Content placed on the AOL Service retains any and all rights which may exist in such Content.

(c) Export.

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. Member agrees to abide by these laws -- including but not limited to the Export Administration Act, the Arms Export Control Act and their implementing regulations -- and not to transfer, by electronic transmission or otherwise, any Content derived from the AOL Service to either a foreign national or a foreign destination without first obtaining any required government authorization. Member further agrees not to upload to the AOL Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of the Agreement. In addition, because the U.S. export control laws currently prohibit nationals of Cuba, Iran, Libya, North Korea and Syria from gaining access to certain Content on the AOL Service, nationals of these countries currently may not legally access the AOL Service at this time.

(d) Benefit of Provisions.

The foregoing provisions of this section 2.6 are for the benefit of AOL Inc. and its independent third-party information providers ("Information Providers"), merchants ("Merchants") and licensors ("Licensors"), and each shall have the right to assert and enforce such provisions directly on their own behalf.

2.7 Third Party Content.

AOL Inc. is a distributor (and not a publisher) of Content supplied by third parties and Members. Accordingly, AOL Inc. has no more editorial control over such Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including Information Providers, Merchants (as defined herein), Members, or any other user of the AOL Service, are those of the respective author(s) or distributor(s) and not of AOL Inc. NEITHER AOL INC. NOR ANY THIRD-PARTY PROVIDER OF INFORMATION GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ...

In many instances, the Content available through the AOL Service represents the opinions and judgments of the respective Information Provider, Member, or other user not under contract with AOL Inc. AOL Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the AOL Service by anyone other than authorized AOL Inc. employee spokespersons while acting in their official capacities. (Forum leaders and Member Guides are not authorized spokespersons.) Under no circumstances will AOL Inc. be liable for any loss or damage caused by a Member's reliance on information obtained through the AOL Service. It is the responsibility of Member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other Content available through the AOL Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other Content.

2.8 Retention of Files.

Member is responsible for retention of all files, information data and other materials as may be necessary for reconstruction of any files, information material or messages lost or misprocessed by AOL Inc."