MicrosoftEdu.com

[Calum]

quote:From: "Scott Behm (LCA)"
To: "'[email protected]'"
CC: "Scott Behm (LCA)" [email protected]
Subject: microsoftedu.com -- legal problems
Date: Tue, 3 Aug 1999 12:34:32 -0700

Mr. Mingo:
It has come to our attention that you have registered the domain name microsoftedu.com, and have set up a website at that address. Unfortunately, your domain name and website misuse Microsoft's trademarks and copyrights, as well as Bill Gates' right of publicity, in a manner that is misleading and diluting of those intellectual property rights. You have apparently also sent unsolicited e-mail including false statements about Microsoft's view on software piracy (example included below). Microsoft respects your right under the first amendment to make commentary and opinion on our company and its products. However, we must object to the trademark, copyright, and right of publicity violations represented by your current activities. Therefore, we ask that you immediately:

* stop using the microsoftedu.com domain name, and register another domain name that does not infringe Microsoft's trademark rights;
* stop sending e-mail or making other communications that contain false or misleading statements about Microsoft and/or that contain infringing or other misleading matter;
* stop using the name MicrosoftEdu on your website;
* stop using photos or other likenesses of Mr. Gates for which you do not have explicit authorization to use;
* stop using the Windows flag logo on your website;
* stop using other elements of Microsoft's website designs, logotypes, etc., in any manner that is likely to confuse users as to the relationship of your site with Microsoft (there is none) or the identity of your website and its content;
* stop linking to Microsoft's websites in a manner that confuses users as to the relationship of your site with Microsoft (there is none), or the identity of your website and its content.

I would be happy to discuss with you the specific changes you need to make in order to avoid these improper uses of Microsoft's and Mr. Gates' rights. Or, I would be happy to discuss this matter with your attorney. Please let me know. In any case, it may be advisable for you to seek legal guidance in this matter from an attorney competent in trademark law (including recent domain name infringment law), right of publicity and copyright law, and the general law of parody and the first amendment.

Please make the changes requested above by close of business this Thursday, August 5 (or take your site offline by then in order to make the changes by some later date). Thank you in advance for your cooperation.


Scott Behm
Corporate Attorney/Microsoft

Well, the site at Microsoftedu.com is still up...

[jtpenrod]

Of course it is. There isn't a damn thing that they can do about it, and all that leaglese BS is just so much empty threat. There's another site that the powers that be have taken an exception to. They've been threatening in the same manner for two years now and absolutely nothing has come of it. The web site hasn't changed one bit since the legal threats began.
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[Gooseberry Clock]

And yet strangely enough, fuckMicrosoft hasn't received anything similar (not even fake).

[grif_mcrenolds]

I have a theory that MS likes this site.  MS kind of likes it when they get in the news for some illegal activity because they know they'll win and it works as publicity for them.  So when there's an entire web site and community that surrounds around that corporation, it kind of works for their ego.

I'm gonna get whole bunch a criticism for this, aren't I?

[Calum]

no, i think you are correct.
This forums allows M$ the possibility of logging on as users and saying inflammatory (or other) things, also it is a handy, easy and cheap way to monitor the trends amongst a certain subsection of computer users.
By reading this forum, M$ can effectively augment their statistics (gathered using the 'phone home spyware) quite effectively, since the people here are representative of the slice of the market who beat the spyware.

Any publicity is good publicity like you say.
The only way that this site could ever actually threaten M$ is if M$ become complacent. i think this is happening already, but let's hope they are too complacent to take me seriously, assuming they are reading this, because if they heed what i say, they may take anti-complacency measures and then (oh irony of ironies!) i'll be partly responsible for the survival of Microsoft!!!