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MEDLIB-L  January 1995, Week 1

MEDLIB-L January 1995, Week 1

Subject:

GIF file "Tax" -- CompuServe/UniSys

From:

"Costigan, Pat" <[log in to unmask]>

Reply-To:

Medical Libraries Discussion List <[log in to unmask]>

Date:

Thu, 5 Jan 1995 11:28:46 CST

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (203 lines)

     I've noticed nothing on this issue on MedLib-L, though it may affect
     many of us. This is the best thing I've seen so far on the GIF
     controversy, and I'm forwarding it FYI from RISKS-FORUM Digest. It
     certainly casts an interesting light on copyright, retroactivity, and
     the use of contract to extend/infringe upon normal legal conditions.
 
 
     ****************************************
 
     Patrick W. Costigan, Reference Librarian     "If it's over my name,
     North Memorial Medical Library                it's my opinion -- but
     3300 Oakdale Avenue                           you're more than welcome
     Robbinsdale, MN 55422                         to share it."
     612-520-5678  FAX 612-520-1453
     Internet: [log in to unmask]
     **********************************************************************
 
 
     Date: Tue, 3 Jan 95 13:27:49 PST
     From: "Peter G. Neumann" <[log in to unmask]>
     Subject: One for the GIFfer (CompuServe-Unisys GIF Tax Protest, Pat
     Clawson)
 
     An Open Letter to Our Colleagues In the Online Communications
     Community:
 
     The announcement by CompuServe and Unisys that users of the GIF image
     format must register by January 10 [1995] and pay a royalty or face
     lawsuits for their past usage, is the online communications
     community's equivalent of the sneak attack at Pearl Harbor.
 
     The announcement of the CompuServe-Unisys GIF Tax on December 29,
     during the lull between Christmas and New Year's Day, was clearly
     timed to cause maximum damage while an unsuspecting public celebrated
     the holidays.
 
     We at TeleGrafix Communications have no quarrel with those who seek to
     protect their intellectual property and profit from it.  Indeed, we
     are in business to do the same.  We believe those who develop software
     are entitled to reap financial rewards from their labors.
 
     But in our opinion, the timing and circumstances of the
     CompuServe-Unisys action indicates this is a shakedown of the online
     communications community by two powerful corporations, rather than a
     reasonable effort to protect intellectual property.
 
     The GIF format has been in widespread public use since 1987.  Its
     widespread use and royalty-free licensing has been encouraged by
     CompuServe for years. Neither CompuServe or Unisys have made any
     significant improvements to GIF or its underlying LZW algorithm and
     compression process to justify charging for what has been free.
 
     Giving GIF users only 14 days to comply with sudden, unexpected
     demands to pay the private CompuServe-Unisys GIF Tax or face
     prosecution for past usage of what had been promoted for seven years
     as free, open standard software is unconscionable. It is especially
     outrageous since CompuServe and Unisys admit in writing that they
     decided to require licensing SIX MONTHS AGO in June, and didn't
     announce it to the public until now.
 
     According to the CompuServe-Unisys GIF licensing agreement, the
     settlement of the patent dispute was executed on June 21, 1994.
     CompuServe agreed to implement the agreement "as soon as reasonably
     practicable and in no case later than six (6) months after the date
     this Agreement is executed..." That six month period ended on December
     21, 1994 -- but CompuServe did not make the licensing terms public
     until December 28.  Indeed, CompuServe appears to have violated the
     terms of its own settlement agreement with Unisys.
 
     While many of the messages we have read online in reaction to the
     CompuServe-Unisys GIF Tax decree express both dismay and disbelief,
     virtually none have analyzed the actual provisions of the licensing
     agreement.  It is in this area that TeleGrafix Communications wishes
     to contribute to the dialogue.
 
     In our opinion, the CompuServe-Unisys licensing agreement is both
     illogical and overly broad.  Let's examine some of its key provisions.
     All quotes cited are directly from the agreement.
 
     1. CompuServe will license Developers who want to use GIF technology.
     The term "developer" is defined as "the other undersigned party to the
     agreement," and it seems to apply to ANYONE who contemplates
     distributing any product that uses the GIF format.
 
     2.  Developers will be licensed to sell or distribute "Products" that
     "use and exploit GIF...solely within the Field of Use."  The term
     "Field of Use" is defined as "primarily for accessing the CompuServe
     Information Service and for manipulating and viewing data received
     through the CompuServe Information Service."  The licensing agreement
     further defines the term "Products" as being "software that is
     developed or distributed...which is designed for and used primarily
     for accessing the CompuServe Information Service and for manipulating
     and viewing data received through the CompuServe Information Service."
      IT APPEARS THAT THE ONLY LAWFUL USE OF GIF WILL BE FOR
     COMPUSERVE-RELATED PRODUCTS.  Using GIF images in any other manner,
     such as on CD-ROMs or bulletin board systems, is prohibited.  Most of
     the thousands of products that have used GIF in some manner are
     henceforth contraband.
 
     3. Developers may no longer "use, copy, modify or distribute the GIF
     specification, except as expressly permitted by CompuServe."  This
     states that the GIF specification can no longer be shared, published
     or uploaded in any manner without the express consent of CompuServe.
 
     4. Members of the public are prohibited from using any software
     product containing GIF until they have become a REGISTERED user of the
     product.  The customer also must agree to use the product "primarily
     for accessing the CompuServe Information Service and for manipulating
     and viewing data received through the CompuServe Information Service."
      This virtually eliminates the concept of freeware or shareware
     containing GIF capabilities, since prospective customers can no longer
     try out these software products without registering them first.
 
     5. Software developers must pay $1.00 for a license to use GIF, PLUS a
     fee equal to the GREATER of 1.5% of the selling price of the product,
     or $0.15 per "Disposition."  Disposition is defined as "the sale,
     lease or license or any other grant of rights to a Product or any new
     Product."  All royalties must be paid quarterly.  Noncommercial and
     freeware usage of GIF technology is NOT exempted from the royalty
     requirement.  Because the royalty provisions and definition of
     "Disposition" are so broad in scope, it appears that a GIF Tax payment
     may be due to CompuServe-Unisys each time a GIF image is transmitted
     via BBS or Internet.  The operators of a BBS or World Wide Web site
     with hundreds or thousands of GIF images online could easily be
     bankrupted by these licensing requirements.
 
     6. CompuServe must be notified of ANY new product using GIF when it is
     first offered to customers.
 
     7. Persons using GIF must keep records of its use, and CompuServe has
     the right to audit those records every year upon seven days notice.
     Persons using GIF must pay the cost of the audit if a royalty
     underpayment of 10% or more is discovered, along with 12% interest on
     any underpaid royalties.
 
     8. Even if the patent is later found by the courts or the U.S. Patent
     Office to be invalid and unenforceable, or if the patent expires, any
     developer must "return all copies of the GIF specification and any
     confidential information of CompuServe then in its possession or
     control to CompuServe, (ii) stop using the Licensed Technology, and
     (iii) stop distributing Products."  This states that EVEN IF THE
     PATENT IS OVERTURNED OR EXPIRES, YOU MUST STOP USING OR DISTRIBUTING
     GIF.
 
     9. Even though CompuServe has publicly disseminated the text of the
     agreement it wants GIF users to sign, the terms of the agreement are
     to remain confidential.  This is illogical, to say the least, since
     they have posted it for public download on their own system.
 
     10. Developers have to indemnify and hold CompuServe harmless for any
     damages if their CUSTOMERS somehow use GIF technology in a way not
     permitted by the licensing agreement.
 
     11. Unisys has the right to enforce the agreement, as well as
     CompuServe. Further, Unisys has the right to pursue legal action or
     seek damages against Developers even after the agreement has
     terminated.
 
     TeleGrafix Communications Inc. will not sign such a licensing
     agreement.  We think most other software developers, BBS sysops and
     Web site operators also will refuse to sign.
 
     We encourage our colleagues in the online communications community to
     evaluate the CompuServe-Unisys action, and to lodge appropriate
     protests directly with those companies.
 
     We believe that the CompuServe-Unisys GIF Tax drives a stake through
     the heart of Internet development.  It will cripple the World Wide
     Web, NCSA Mosaic, and other Internet multimedia technologies that rely
     heavily on GIF imaging.
 
     Fortunately, we at TeleGrafix Communications do not depend on GIF
     imaging in our new RIPscrip 2.0 online multimedia technologies.  We
     chose to implement the JPEG image format and only recently decided to
     add GIF support as a convenience to our customers.  Due to the
     restrictive conditions of the CompuServe-Unisys GIF Tax and licensing
     agreement, we must now reevaluate our plans for supporting GIF use in
     the upcoming release of RIPscrip 2.0.
 
     While our company hopes to profit financially from our advanced
     RIPscrip 2.0 technology, we will not demand royalties from those who
     have used the freeware versions of our earlier RIPscrip 1.54 products
     and/or technical specifications.  The RIPscrip 2.0 specification also
     will be made public for third-party use after it is finalized.
 
     We expect that the CompuServe-Unisys action will spell the death of
     GIF as a commercially viable technology, shifting the attention of the
     online communications community to JPEG imaging.
 
     Sincerely,
 
     Pat Clawson
     President & Chief Executive Officer
     TeleGrafix Communications Inc.
     Huntington Beach, CA
 
     Voice: (714) 379-2140
     Fax: (714) 379-2132
     BBS: (714) 379-2133
     Internet: [log in to unmask]
 
     ------------------------------

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May 2009, Week 2
May 2009, Week 1
April 2009, Week 5
April 2009, Week 4
April 2009, Week 3
April 2009, Week 2
April 2009, Week 1
March 2009, Week 5
March 2009, Week 4
March 2009, Week 3
March 2009, Week 2
March 2009, Week 1
February 2009, Week 4
February 2009, Week 3
February 2009, Week 2
February 2009, Week 1
January 2009, Week 5
January 2009, Week 4
January 2009, Week 3
January 2009, Week 2
January 2009, Week 1
December 2008, Week 5
December 2008, Week 4
December 2008, Week 3
December 2008, Week 2
December 2008, Week 1
November 2008, Week 5
November 2008, Week 4
November 2008, Week 3
November 2008, Week 2
November 2008, Week 1
October 2008, Week 5
October 2008, Week 4
October 2008, Week 3
October 2008, Week 2
October 2008, Week 1
September 2008, Week 5
September 2008, Week 4
September 2008, Week 3
September 2008, Week 2
September 2008, Week 1
August 2008, Week 5
August 2008, Week 4
August 2008, Week 3
August 2008, Week 2
August 2008, Week 1
July 2008, Week 5
July 2008, Week 4
July 2008, Week 3
July 2008, Week 2
July 2008, Week 1
June 2008, Week 5
June 2008, Week 4
June 2008, Week 3
June 2008, Week 2
June 2008, Week 1
May 2008, Week 5
May 2008, Week 4
May 2008, Week 3
May 2008, Week 2
May 2008, Week 1
April 2008, Week 5
April 2008, Week 4
April 2008, Week 3
April 2008, Week 2
April 2008, Week 1
March 2008, Week 5
March 2008, Week 4
March 2008, Week 3
March 2008, Week 2
March 2008, Week 1
February 2008, Week 5
February 2008, Week 4
February 2008, Week 3
February 2008, Week 2
February 2008, Week 1
January 2008, Week 5
January 2008, Week 4
January 2008, Week 3
January 2008, Week 2
January 2008, Week 1
December 2007, Week 5
December 2007, Week 4
December 2007, Week 3
December 2007, Week 2
December 2007, Week 1
November 2007, Week 5
November 2007, Week 4
November 2007, Week 3
November 2007, Week 2
November 2007, Week 1
October 2007, Week 5
October 2007, Week 4
October 2007, Week 3
October 2007, Week 2
October 2007, Week 1
September 2007, Week 5
September 2007, Week 4
September 2007, Week 3
September 2007, Week 2
September 2007, Week 1
August 2007, Week 5
August 2007, Week 4
August 2007, Week 3
August 2007, Week 2
August 2007, Week 1
July 2007, Week 5
July 2007, Week 4
July 2007, Week 3
July 2007, Week 2
July 2007, Week 1
June 2007, Week 5
June 2007, Week 4
June 2007, Week 3
June 2007, Week 2
June 2007, Week 1
May 2007, Week 5
May 2007, Week 4
May 2007, Week 3
May 2007, Week 2
May 2007, Week 1
April 2007, Week 4
April 2007, Week 3
April 2007, Week 2
April 2007, Week 1
March 2007, Week 5
March 2007, Week 4
March 2007, Week 3
March 2007, Week 2
March 2007, Week 1
February 2007, Week 4
February 2007, Week 3
February 2007, Week 2
February 2007, Week 1
January 2007, Week 5
January 2007, Week 4
January 2007, Week 3
January 2007, Week 2
January 2007, Week 1
December 2006, Week 5
December 2006, Week 4
December 2006, Week 3
December 2006, Week 2
December 2006, Week 1
November 2006, Week 5
November 2006, Week 4
November 2006, Week 3
November 2006, Week 2
November 2006, Week 1
October 2006, Week 5
October 2006, Week 4
October 2006, Week 3
October 2006, Week 2
October 2006, Week 1
September 2006, Week 5
September 2006, Week 4
September 2006, Week 3
September 2006, Week 2
September 2006, Week 1
August 2006, Week 5
August 2006, Week 4
August 2006, Week 3
August 2006, Week 2
August 2006, Week 1
July 2006, Week 5
July 2006, Week 4
July 2006, Week 3
July 2006, Week 2
July 2006, Week 1
June 2006, Week 5
June 2006, Week 4
June 2006, Week 3
June 2006, Week 2
June 2006, Week 1
May 2006, Week 5
May 2006, Week 4
May 2006, Week 3
May 2006, Week 2
May 2006, Week 1
April 2006, Week 4
April 2006, Week 3
April 2006, Week 2
April 2006, Week 1
March 2006, Week 5
March 2006, Week 4
March 2006, Week 3
March 2006, Week 2
March 2006, Week 1
February 2006, Week 4
February 2006, Week 3
February 2006, Week 2
February 2006, Week 1
January 2006, Week 5
January 2006, Week 4
January 2006, Week 3
January 2006, Week 2
January 2006, Week 1
December 2005, Week 5
December 2005, Week 4
December 2005, Week 3
December 2005, Week 2
December 2005, Week 1
November 2005, Week 5
November 2005, Week 4
November 2005, Week 3
November 2005, Week 2
November 2005, Week 1
October 2005, Week 5
October 2005, Week 4
October 2005, Week 3
October 2005, Week 2
October 2005, Week 1
September 2005, Week 5
September 2005, Week 4
September 2005, Week 3
September 2005, Week 2
September 2005, Week 1
August 2005, Week 5
August 2005, Week 4
August 2005, Week 3
August 2005, Week 2
August 2005, Week 1
July 2005, Week 5
July 2005, Week 4
July 2005, Week 3
July 2005, Week 2
July 2005, Week 1
June 2005, Week 5
June 2005, Week 4
June 2005, Week 3
June 2005, Week 2
June 2005, Week 1
May 2005, Week 5
May 2005, Week 4
May 2005, Week 3
May 2005, Week 2
May 2005, Week 1
April 2005, Week 5
April 2005, Week 4
April 2005, Week 3
April 2005, Week 2
April 2005, Week 1
March 2005, Week 5
March 2005, Week 4
March 2005, Week 3
March 2005, Week 2
March 2005, Week 1
February 2005, Week 4
February 2005, Week 3
February 2005, Week 2
February 2005, Week 1
January 2005, Week 5
January 2005, Week 4
January 2005, Week 3
January 2005, Week 2
January 2005, Week 1
December 2004, Week 5
December 2004, Week 4
December 2004, Week 3
December 2004, Week 2
December 2004, Week 1
November 2004, Week 5
November 2004, Week 4
November 2004, Week 3
November 2004, Week 2
November 2004, Week 1
October 2004, Week 5
October 2004, Week 4
October 2004, Week 3
October 2004, Week 2
October 2004, Week 1
September 2004, Week 5
September 2004, Week 4
September 2004, Week 3
September 2004, Week 2
September 2004, Week 1
August 2004, Week 5
August 2004, Week 4
August 2004, Week 3
August 2004, Week 2
August 2004, Week 1
July 2004, Week 5
July 2004, Week 4
July 2004, Week 3
July 2004, Week 2
July 2004, Week 1
June 2004, Week 5
June 2004, Week 4
June 2004, Week 3
June 2004, Week 2
June 2004, Week 1
May 2004, Week 4
May 2004, Week 3
May 2004, Week 2
May 2004, Week 1
April 2004, Week 5
April 2004, Week 4
April 2004, Week 3
April 2004, Week 2
April 2004, Week 1
March 2004, Week 5
March 2004, Week 4
March 2004, Week 3
March 2004, Week 2
March 2004, Week 1
February 2004, Week 5
February 2004, Week 4
February 2004, Week 3
February 2004, Week 2
February 2004, Week 1
January 2004, Week 5
January 2004, Week 4
January 2004, Week 3
January 2004, Week 2
January 2004, Week 1
December 2003, Week 5
December 2003, Week 4
December 2003, Week 3
December 2003, Week 2
December 2003, Week 1
November 2003, Week 5
November 2003, Week 4
November 2003, Week 3
November 2003, Week 2
November 2003, Week 1
October 2003, Week 5
October 2003, Week 4
October 2003, Week 3
October 2003, Week 2
October 2003, Week 1
September 2003, Week 5
September 2003, Week 4
September 2003, Week 3
September 2003, Week 2
September 2003, Week 1
August 2003, Week 5
August 2003, Week 4
August 2003, Week 3
August 2003, Week 2
August 2003, Week 1
July 2003, Week 5
July 2003, Week 4
July 2003, Week 3
July 2003, Week 2
July 2003, Week 1
June 2003, Week 5
June 2003, Week 4
June 2003, Week 3
June 2003, Week 2
June 2003, Week 1
May 2003, Week 5
May 2003, Week 4
May 2003, Week 3
May 2003, Week 2
May 2003, Week 1
April 2003, Week 5
April 2003, Week 4
April 2003, Week 3
April 2003, Week 2
April 2003, Week 1
March 2003, Week 5
March 2003, Week 4
March 2003, Week 3
March 2003, Week 2
March 2003, Week 1
February 2003, Week 4
February 2003, Week 3
February 2003, Week 2
February 2003, Week 1
January 2003, Week 5
January 2003, Week 4
January 2003, Week 3
January 2003, Week 2
January 2003, Week 1
December 2002, Week 5
December 2002, Week 4
December 2002, Week 3
December 2002, Week 2
December 2002, Week 1
November 2002, Week 5
November 2002, Week 4
November 2002, Week 3
November 2002, Week 2
November 2002, Week 1
October 2002, Week 5
October 2002, Week 4
October 2002, Week 3
October 2002, Week 2
October 2002, Week 1
September 2002, Week 5
September 2002, Week 4
September 2002, Week 3
September 2002, Week 2
September 2002, Week 1
August 2002, Week 5
August 2002, Week 4
August 2002, Week 3
August 2002, Week 2
August 2002, Week 1
July 2002, Week 5
July 2002, Week 4
July 2002, Week 3
July 2002, Week 2
July 2002, Week 1
June 2002, Week 5
June 2002, Week 4
June 2002, Week 3
June 2002, Week 2
June 2002, Week 1
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May 2002, Week 4
May 2002, Week 3
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April 2002, Week 5
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April 2002, Week 3
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April 2002, Week 1
March 2002, Week 5
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March 2002, Week 3
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March 2002, Week 1
February 2002, Week 4
February 2002, Week 3
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February 2002, Week 1
January 2002, Week 5
January 2002, Week 4
January 2002, Week 3
January 2002, Week 2
January 2002, Week 1
December 2001, Week 5
December 2001, Week 4
December 2001, Week 3
December 2001, Week 2
December 2001, Week 1
November 2001, Week 5
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November 2001, Week 3
November 2001, Week 2
November 2001, Week 1
October 2001, Week 5
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October 2001, Week 3
October 2001, Week 2
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June 2001, Week 1
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May 2001, Week 2
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April 2001, Week 3
April 2001, Week 2
April 2001, Week 1
March 2001, Week 5
March 2001, Week 4
March 2001, Week 3
March 2001, Week 2
March 2001, Week 1
February 2001, Week 4
February 2001, Week 3
February 2001, Week 2
February 2001, Week 1
January 2001, Week 5
January 2001, Week 4
January 2001, Week 3
January 2001, Week 2
January 2001, Week 1
December 2000, Week 5
December 2000, Week 4
December 2000, Week 3
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December 2000, Week 1
November 2000, Week 5
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November 2000, Week 3
November 2000, Week 2
November 2000, Week 1
October 2000, Week 5
October 2000, Week 4
October 2000, Week 3
October 2000, Week 2
October 2000, Week 1
September 2000, Week 5
September 2000, Week 4
September 2000, Week 3
September 2000, Week 2
September 2000, Week 1
August 2000, Week 5
August 2000, Week 4
August 2000, Week 3
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July 2000, Week 1
June 2000, Week 5
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May 2000, Week 2
May 2000, Week 1
April 2000, Week 5
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April 2000, Week 3
April 2000, Week 2
April 2000, Week 1
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March 2000, Week 4
March 2000, Week 3
March 2000, Week 2
March 2000, Week 1
February 2000, Week 5
February 2000, Week 4
February 2000, Week 3
February 2000, Week 2
February 2000, Week 1
January 2000, Week 5
January 2000, Week 4
January 2000, Week 3
January 2000, Week 2
January 2000, Week 1
December 1999, Week 5
December 1999, Week 4
December 1999, Week 3
December 1999, Week 2
December 1999, Week 1
November 1999, Week 5
November 1999, Week 4
November 1999, Week 3
November 1999, Week 2
November 1999, Week 1
October 1999, Week 5
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October 1999, Week 3
October 1999, Week 2
October 1999, Week 1
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July 1999, Week 1
June 1999, Week 5
June 1999, Week 4
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June 1999, Week 2
June 1999, Week 1
May 1999, Week 5
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May 1999, Week 3
May 1999, Week 2
May 1999, Week 1
April 1999, Week 5
April 1999, Week 4
April 1999, Week 3
April 1999, Week 2
April 1999, Week 1
March 1999, Week 5
March 1999, Week 4
March 1999, Week 3
March 1999, Week 2
March 1999, Week 1
February 1999, Week 4
February 1999, Week 3
February 1999, Week 2
February 1999, Week 1
January 1999, Week 5
January 1999, Week 4
January 1999, Week 3
January 1999, Week 2
January 1999, Week 1
December 1998, Week 5
December 1998, Week 4
December 1998, Week 3
December 1998, Week 2
December 1998, Week 1
November 1998, Week 5
November 1998, Week 4
November 1998, Week 3
November 1998, Week 2
November 1998, Week 1
October 1998, Week 5
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October 1998, Week 3
October 1998, Week 2
October 1998, Week 1
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September 1998, Week 1
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May 1998, Week 1
April 1998, Week 5
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April 1998, Week 2
April 1998, Week 1
March 1998, Week 5
March 1998, Week 4
March 1998, Week 3
March 1998, Week 2
March 1998, Week 1
February 1998, Week 4
February 1998, Week 3
February 1998, Week 2
February 1998, Week 1
January 1998, Week 5
January 1998, Week 4
January 1998, Week 3
January 1998, Week 2
January 1998, Week 1
December 1997, Week 5
December 1997, Week 4
December 1997, Week 3
December 1997, Week 2
December 1997, Week 1
November 1997, Week 5
November 1997, Week 4
November 1997, Week 3
November 1997, Week 2
November 1997, Week 1
October 1997, Week 5
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October 1997, Week 3
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October 1997, Week 1
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April 1997, Week 5
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April 1997, Week 1
March 1997, Week 5
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March 1997, Week 1
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February 1997, Week 1
January 1997, Week 5
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January 1997, Week 1
December 1996, Week 5
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December 1996, Week 3
December 1996, Week 2
December 1996, Week 1
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November 1996, Week 1
October 1996, Week 5
October 1996, Week 4
October 1996, Week 3
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October 1996, Week 1
September 1996, Week 5
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April 1996, Week 5
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April 1996, Week 1
March 1996, Week 5
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February 1996, Week 5
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January 1996, Week 1
December 1995, Week 5
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December 1995, Week 3
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February 1995, Week 1
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December 1994, Week 5
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