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Diskussion: Intellectual Property (IP)

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Kommentare etc. bitte an EXTINGUISH_INCLUDING_dot.ea1370@EXTINGUISH_INCLUDING_dot.fen-net.de. Some links and thoughts about "intellectual property", with special investigation of MS's passport System.

An article by Bryan "TheBS" Smith; I found the article at http://www.cs.helsinki.fi/linux/linux-kernel/2001-13/0238.html, concerning MS's Passport System and "Dual-copyright/licensing" one's IP without one's explizit permission. I have cached it here as ./0238.html.

It is interesting, that MS has changed their Terms of Use Licence, as you can see, when you compare the version below to the version, which Steve Litt cites at http://www.troubleshooters.com/tpromag/200104/200104.htm#_three_articles. I have cached it here as ./200104.html. The old version reveals, what their original goal is!

Some interesting passages from http://www.passport.com/Consumer/TermsOfUse.asp (newer, revised version):

These Terms of Use constitute a legal agreement between you and Microsoft. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the Passport Services. If you do not accept these Terms of Use in their entirety, you may not access or use the Passport Services.



Microsoft may wish to update or change the terms, conditions and notices for the Passport Services from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. You understand that Microsoft reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the Passport Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Passport Services shall be subject to the Terms of Use, as modified from time to time.


You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Passport Services except as expressly provided in these Terms of Use.

Read on, MS reserves the right to do that with any of your data, that gets transported via their passport system...!

They are trying to keep people dumb by law:


You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Passport Services.


Microsoft reserves the right, in its sole discretion, to terminate your access to the Passport Services or any portion thereof at any time, without notice.


Microsoft wants your voluntary feedback and suggestions on the Passport Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Microsoft needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to Microsoft concerning the Passport Services, 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:

These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Microsoft's use of the materials contained within such feedback or suggestions. Microsoft is under no obligation to post or use any materials you may provide and may remove such materials at any time at Microsoft's sole discretion.

Now, if someone is sending, ie. GPL'ed program code to them (as "feedback and suggestion"), they can hijack this (initially publicly available, due to the GPL) code and make it their own IP, handing in around to their "affiliated companies"! - Flee from them!

Created: Mit Dez 19 02:48:01 MET 2001
Last updated: 
Son Mai  5 18:00:25 MEST 2002