IP: Hidden highway robbery within Terms of Use contracts?: [risks] Risks Digest 21.32

[David Farber <dave () farber net>]

> Date: Fri, 30 Mar 2001 17:46:04 -0500
> From: Michael Sinz <Michael.Sinz () sinz org>
> Subject: Hidden highway robbery within Terms of Use contracts?
>
> Can this ever be considered not unreasonable?
>
> If you use .NET and/or HailStorm PassPort service, you will find that
> basically you are giving everything to Microsoft.
>
> If you send source code or business plans or a chapter of your first novel
> or anything else of any value (or of no value), Microsoft has the right to
> use, exploit, and sublicense any and or all of it without any payment to the
> copyright holder.  It also has the right to any trademark, service mark, or
> patent that you might use in such communications or documents that are
> used/stored/transmitted via their service!
>
> See http://www.passport.com/Consumer/TermsOfUse.asp
>
> So, when Windows and Office get .NET'ed, don't expect to be able to use
> Windows or Office for anything that you want to keep for yourself.
>
> Microsoft says "All your data belong to us"
>
> And it really is not a joke, given their own legal terms of use documents.
>
> I guess program development for the Windows platform now will need to be
> done on some non-.NET systems - otherwise you may as well just give your
> software to Microsoft.  (And your business plans, and poetry, and payroll
> data, and...)
>
> Look at the section "License to Microsoft"
>
> Quote:
>   LICENSE TO MICROSOFT
>
>   By posting messages, uploading files, inputting data, submitting any
>   feedback or suggestions, or engaging in any other form of communication
>   with or through the Passport Web Site, you warrant and represent that you
>   own or otherwise control the rights necessary to do so and you are
>   granting Microsoft and its affiliated companies permission to:
>
>   1. Use, modify, copy, distribute, transmit, publicly display, publicly
>      perform, reproduce, publish, sublicense, create derivative works from,
>      transfer, or sell any such communication.
>
>   2. Sublicense to third parties the unrestricted right to exercise any of
>      the foregoing rights granted with respect to the communication.
>
>   3. Publish your name in connection with any such communication.
>
>   The foregoing grants shall include the right to exploit any proprietary
>   rights in such communication, including but not limited to rights under
>   copyright, trademark, service mark or patent laws under any relevant
>   jurisdiction.  No compensation will be paid with respect to Microsoft's
>   use of the materials contained within such communication. Microsoft is
>   under no obligation to post or use any materials you may provide and may
>   remove such materials at any time in Microsoft's sole discretion.
>   :End-Quote
>
> Talk about trying to own the world.  Using the ".NET" Word to write
> up your patent would give Microsoft rights to use the patent.  Sending
> information about your patent via MSN EMail or IM does the same.
>
> Can such a Terms of Use even be enforced?
>
> Just when you thought the worst of Microsoft, you find something
> that proves that you have not gotten there yet.
>
> Michael Sinz ---- Technology and Engineering Director/Consultant
> michael.sinz () sinz org  http://www.sinz.org/Michael.Sinz



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