[thelist] [Fwd: "Dual-copyright/licensing" of your IP withOUT your permission]

matthew garrett matthew.garrett at snet.net
Tue Apr 3 13:29:36 CDT 2001

> From: scott.brady at homeqonline.com
> Ummm . . . he doesn't really provide much evidence for a lot of his "facts,"
> does he?
> I'm not saying that he's wrong or that he's right, but I need evidence one way
> or the other.  Otherwise, it seems like blind Microsoft-bashing.

Here is a quote from the passport.com page which Bryan Smith linked to:

> 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.

This seems like your basic rights-grab. Seemingly, this allows Microsoft to
mine your commnications for money-making info wherever they can find it.
Probably a great deal for them, but not so good for you.

Typical experience: The photo studio I managed did a job for them, and their
P.O. basically said that Microsoft owned _all_ rights, forever, in this
universe or any other, to the work created. We had several clauses voided
before signing anything.

It's a great business model if everyone signs on. They ask for everything,
and leave it up to you to try to negotiate, bow out, or bend over.


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