IP: How To Read "Terms of Use" Agreements (Microsofts that is) Stanford CSL Colloquium Tomorrow, Wed, Apr 11

[David Farber <dave@farber.net>]

>Date: Tue, 10 Apr 2001 14:29:17 -0700
>From: ee380 <ee380@shasta.Stanford.EDU>
>To: dave@farber.net, farber@cis.upenn.edu
>Subject: Stanford CSL Colloquium Tomorrow, Wed, Apr 11
>Cc: allison@stanford.edu, wharton@shasta.Stanford.EDU
>
>
>Dave --
>
>I am continuing to negotiate with Microsoft to send a representative to
>explain the provisions is both the old and the new Terms of Use for the
>Microsoft Passport site, but they have been unable to "find someone"
>who could participate.  Even without them, a careful reading of the
>provisions of both the pre-April 4 and post-April 4 Terms of Use is
>educational.
>
>         -dra
>
>-------------------------------------------------------------
>
>         Computer Systems Laboratory Colloquium
>           4:15PM, Wednesday, April 11, 2001
>     NEC Auditorium, Gates Computer Science Building B03
>
>
>Topic:          How To Read "Terms of Use" Agreements
>
>Speaker:        Jack Russo
>                 Russo & Hale, LLP
>
>About the talk:
>
>This Colloquium departs from the usual presentation of research
>results and new and innovative products to spend some time
>learning about the nitty-gritty legal details of web-based
>services.
>
>Web-based services utilize "Terms of Use" agreements which you,
>as a user, presumably assent to when you use the site. Every
>service-providing site (Yahoo!, Hotmail, Passport, and others)
>has such agreements. Most users pretty much ignore reading Terms
>of Use agreements and simply assent.
>
>Recently, Microsoft's Terms of Use agreements for Microsoft's
>Passport website have been at the center of controversy
>between Microsoft and both privacy and intellectual property
>watchdog groups.
>
>While Microsoft claims the particular Terms of Use agreements in
>the spotlight are intended for and apply only to the Passport
>product, the fact that "Passport Technology" is a component of
>the recently announced HailStorm and .NET product lines has
>suggested to many observers that the Passport agreements are
>indicative of what Microsoft intends to use with these new
>products.
>
>There has been substantial discussion in the press and on the
>web. See, for example, the comments posted on Dave Farber's IP
>(Interesting Persons) list, on http://www.slashdot.org/,
>and articles elsewhere in the trade press.
>
>Recently (April 5), Microsoft changed the published provisions of
>the Passport site's Terms of Use, perhaps in response to
>criticism in the press, perhaps not. Microsoft has been silent on
>the Terms of Use controversy and has issued neither Press
>Releases nor White Papers discussing their position.
>
>Today's Colloquium speaker is Jack Russo, a partner in Russo &
>Hale in Palo Alto. He will walk us through the two versions of
>Microsoft's Passport's Terms of Use agreement, and examine, in
>detail, point by point, paragraph by paragraph, what he
>understands are the obligations and rights of a user under this
>agreement.
>
>Before the Colloquium, we recommend that you browse the Passport
>site, http://www.passport.com and read the various versions of
>the Terms Of Use agreements, including the most controversial one
>fetched from Google's cache:
>
>----------------------------------------------------------------
>Current Live Version
>http://www.passport.com/Consumer/TermsOfUse.asp
>
>Snapshot of April 5, 2001 -- the New Version
>http://www.stanford.edu/class/ee380/Abstracts/TermsOfUse.010405.html
>
>Snapshot of April 4, 2001 -- the Controversial Version
>http://www.stanford.edu/class/ee380/Abstracts/TermsOfUse.010404.html
>
>----------------------------------------------------------------
>
>The original controversial Microsoft Terms of Use agreement has
>been withdrawn (at least in the United States) and presumably
>will not be enforced by Microsoft. Microsoft PR spokesperson Tom
>Pilla explained to us, as we were organizing this Colloquium,
>that the posted Terms of Use that touched off the controversy
>were "outdated" and that they should have been replaced because
>they had been superseded by the privacy policy statement with
>its TRUSTe privacy certification.
>
>Microsoft has been invited to participate in this Colloquium. We
>asked that they provide a spokesperson with detailed knowledge of
>provisions of the Terms Of Use agreements. Embarrassing as it
>must be to be embroiled in controversy over user privacy,
>intellectual property ownership, and other elements of the Terms
>of Service agreement, proactive explanation and clarification
>seems to us to be most effective As of this posting (Friday,
>April 6, 2001, 10PM) Microsoft has been unable to identify anyone
>who could act as a spokesperson and address the Colloquium. They
>have promised to continue searching.
>
>If you received this abstract via email, you may want to visit
>the colloquium website, http://www.stanford.edu/class/ee380. The
>version of the abstract posted there has active links to much of
>the cited material.
>
>-----------------------------------------------------------------
>
>About the speaker:
>
>Jack Russo is a partner in Russo & Hale LLP. Russo & Hale
>LLP, located in Palo Alto, California, specializes in computer
>software cases in state and federal courts, including disputes
>involving copyright, trade secret, patent, trademark, licensing
>and other proprietary rights issues.
>
>Mr. Russo is admitted to practice in California, New York,
>Washington, D.C., and Hawaii as well as the U.S. Supreme Court
>and a number of federal courts. He was educated at the City
>University of New York, Brooklyn College (B.A./M.A. Joint Degree
>in Urban Management and Computer and Information Science, 1977.
>Magna cum laude) and the University of California at Los Angeles
>(J.D., 1980. Order of the Coif).
>
>Mr. Russo is a frequent speaker on computer law issues and has
>given presentations to the American Bar Association, the
>Practicing Law Institute and the Computer Law Association. Mr.
>Russo serves as an arbitrator and mediator for the U.S. District
>Court (N.D. California), the Santa Clara County Superior Court,
>and the American Arbitration Association, as well as a Judge Pro
>Tempore of the Santa Clara County Superior Court.
>
>Contact information:
>
>Jack Russo
>Russo & Hale, LLP
>401 Florence Street
>Palo Alto, CA 94306
>Vox: (650) 327-9800
>Fax: (650) 327-3737
>jrusso@computerlaw.com



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