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  1. #1
    SitePoint Addict isuru's Avatar
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    What do people think of this

    I received this email from a friend who refuses to use MSN Messenger.

    > >I'm sure many people are already aware of this, but just for those who
    > >aren't:
    > >
    > > I would be *very* careful with putting anything at all anywhere near
    > >a Microsoft product. There is a "Terms of Use" agreement applying to
    > >the Microsoft Passport web services, but it also applies to
    > >"associated" services, not precisely defined but certainly including
    > >MSN, Expedia and Hotmail, and possibly Internet Explorer and Outlook.
    > >
    > >An excerpt from the Terms of Use, obtained from
    > >http://www.passport.com/Consumer/TermsOfUse.asp on April 4th, 2001:
    > >
    > > "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."
    > >
    > >
    > > Basically, by using any such services you agree that any material
    > >passing through those services belongs to Microsoft in virtually every
    > >sense.
    > >
    > >
    > > When do they gain such rights? The relevant passage from the Terms
    > >of Use:
    > >
    > > "You agree to familiarize yourself with the Terms of Use and other
    > > terms and guidelines found throughout the Passport Web Site and abide
    > > by them if you choose to use the sites, pages or services to which
    > > they apply."
    > >
    > >
    > > Note the wording of the "agreement", which apparently considers you
    > >to have agreed to these Terms of Use merely by using any "sites, pages
    > >or services to which they apply", without specifying which those are.
    > >You are already using a Passport service if you use MSN, Hotmail or
    > >Expedia. Other services or applications may use Passport now or in
    > >the future.
    > >
    > > Such an "agreement" may or may not be legal -- but anyone who wants
    > >to argue that it is not legal is going to have to fight a very costly
    > >court battle to find out. Since I prefer not to hand over all the
    > >rights to everything I do to any company for free, I'd be more
    > >inclined to simply avoid it by not using any services or products that
    > >are "associated" with Microsoft.
    > >
    > > Of course, I already avoid Microsoft products and services for other
    > >reasons, so it's an easy choice for me. Others may find such a choice
    > >more difficult. However, such a choice is impossible until you are
    > >aware that it exists. That is why I am posting this message.
    What do yuo guys think? Do you believe it?

  2. #2
    SitePoint Enthusiast norfett's Avatar
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    I would take that with a pinch of salt, seeing as he is obviously an anti-microsoft freak. If it was from a neutral point of view it would be different.

    Pete
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  3. #3
    SitePoint Enthusiast Chris H's Avatar
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    Yup, I believe it. I think I've read it before. You can't say Microsoft don't know the business. It's up there with BT trying to patent hyperlinks.

    I also read a report detailing the rise in the use of IM's for corporate business use, with the full knowledge and endorsement of many IT departments. Wonder if there's gonna be a few red faces in the not too distant future?
    MSWD for website building

  4. #4
    SitePoint Wizard silver trophy TheOriginalH's Avatar
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    Those terms were most certainly not included when I signed up for Hotmail (in fact, it wasn't owned by ms the first time.....) - nor have they appeared in any agreement I've signed since. Having a legalese background, I always read every line of an agreement before I sign it (or click "ok"), and if I am not happy with it (& I certainly wouldn't be with those terms), I'll simply not use it. Those terms were not extant when I signed up for Instant Messenger - but I am using an old version. If I discover that the terms are now in force, I will close all Microsoft services that I use. Simple really.
    ~The Artist Latterly Known as Crazy Hamster~
    922ee590a26bd62eb9b33cf2877a00df
    Currently delving into Django, GIT & CentOS

  5. #5
    SitePoint Enthusiast Chris H's Avatar
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    Also affects anything you transmit or post via the msn portal.

    http://www.msn.co.uk/terms.asp

    Anyone know if this is an 'industry standard' in IM's and portals?
    MSWD for website building

  6. #6
    BoOm-Rocka! Smarky's Avatar
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    is this an old copy of the terms the person is refering to I read on the register that M$ where changing there terms of use because of these fears.
    Garlic bread, I've tasted it, it's the future


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