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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