I'm crazy!
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From Roman Alexandrov → To All 13 April 2001
Hello, All!
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"Your mail will be assimilated"
Author: Anisimov Alexander - corporate law lawyer.
Date: 04/07/2001
One of the most important elements of the Microsoft.NET system, a new strategic
Microsoft's development direction is HailStorm (Grad) - a system
which should combine in one XML-based database located
on the Mocrosoft web server, all the information necessary when working with
personal computers and any other devices - from pocket PCs to
mobile phones. HailStorm will be based on the Passport authentication system
(Passport), which is already used for user authentication
Hotmail and Messenger services.
According to Microsoft, "HailStorm allows you (users - A.A.)
control everything." However, the one on whose server all this information is stored
also controls it, and here the question arises about trust in this keeper -
Microsoft itself. More recently, a scandal erupted in which
Microsoft's reputation as a reliable custodian of other people's information is extremely strong
suffered.
On March 30, 2001, the well-known website The Register published an article that caused
a whole flurry of indignation among Internet users. Columnist Andrew Orlowsky drew
Please note the terms of use of the Passport service. As it turned out whencareful reading, these conditions contain extremely strict and, one might say,
discriminatory rules that do more than just infringe on the rights of all service users
Hotmail and Messenger, but literally robbing them, giving them to companies for free
Microsoft has all rights to all information transmitted through these services and other
objects of rights, including copyright and patent.
These terms apply to all users of all owned
Microsoft services that provide authentication through Passport. So
Thus, millions of people around the world using a hotmail.com address,
received in those distant times when Hotmail was not owned by Microsoft, and
knowing nothing about the new "initiatives" and services of Microsoft, all
are equally considered to have entered into an agreement with Microsoft. The point is that Microsoft
How does the company providing the services consider the very fact of using the services?
agreement with the terms of their provision.
The terms of use themselves contain the usual, unfortunately, for the world
information technology terms that release Microsoft from any
liability for any damage caused in connection with the services provided,
prohibits the use of the services for illegal purposes and provides Microsoft
the right to terminate the provision of services at any time. But this, I repeat, is
standard practice and this is not what caused the outrage of Internet users.But the scandalous norms deserve to be cited in full.
"GRANT OF RIGHTS TO MICROSOFT CORPORATION
By sending messages, posting materials, entering data, providing feedback and
proposals, as well as by entering into any other form of data exchange with
by accessing the Passport website, you hereby authorize Microsoft and its
affiliated companies have the right to:
1. Use, modification, copying, distribution, transmission, public
display, public display, reproduction, publication, broadcast
licenses, creation of derivative works, transfer or sale of information,
participating in such data exchange.
2. Transfer under license to third parties of the unlimited right to exercise
any of the above rights in relation to the data involved in such
exchange.
3. Publication of your name in connection with such communications.
These rights include the right to use any property rights,
related to the above data exchange, including, in particular, but not
limited to this, the rights arising by virtue of the legislation on
copyright, trademarks, service marks, patent
laws in any relevant jurisdiction. Corporate use
Microsoft information in such data exchange does not entail payment
any compensation. Microsoft makes no commitmentpublish or use any Submissions and may remove them
at any time at your discretion."
What does all this mean in practice?
This means that by routing an email through the Hotmail server or by sending emails
through Messenger, you assign to Microsoft all rights to any
using everything they contain. That is, you remain the author, but
Microsoft can publish them, sell the rights to publish them, etc. But
in relation to regular mail, this is not so scary (if you do not take into account
Attention: complete violation of the secrecy of private correspondence). Now imagine that
you have written an article and are submitting it to the journal through your account on
Hotmail. In principle, if Microsoft then publishes it and gets paid for it
money, you will not be able to make any claims against him. But in a letter maybe
contain a trade secret, information about an invention, unregistered
trademark and the like.
Interestingly, these provisions do not violate the privacy statement,
declared by Microsoft in relation to various types of services, since in order
to steal someone else's book, to reveal personal information about the author completely
optional. You can just publish it and get paid. ;-)
The scandal forced Microsoft to act. April 4, 2001Tom Pilla representative stated that this version of the terms of use
Passport service is obsolete and will be replaced with a new one within one day
(i.e. before April 5, 2001). Currently, April 7, 2001, at
http://www.passport.com/Consumer/TermsOfUse.asp there is a new option
agreement in English, which does not contain the provisions discussed.
The Russian version of the conditions still remains unchanged.
In general, a significant part of these conditions in any case seems
extremely dubious from a legal point of view, since it is in
contradictions with mandatory norms of legislation, both from the point of view
from the point of view of Russian and American law. Another question is that the judicial
the process is an expensive and lengthy task, for which not everyone has enough money,
especially if we are talking about a lawsuit with such a huge company as Microsoft.
Conclusion.
This story once again draws attention to the situation with
confidentiality and general security of email and other means
communications. By sending regular text or HTML messages by mail, including
including those containing attachments, you are not protected by anything, at least technically,
Therefore, you shouldn’t trust email with anything really important. What if
this is necessary - using PGP, encrypting ICQ messages, sending files topassword-protected archives with a normal key length will protect you from unscrupulous
companies providing services.
Hotmail/Messenger users should consider
option to change your account to another company that respects the rights of its
users.
But Microsoft, seeking to create HailStorm - a system where centrally
all information about the user and about the user himself will have to be stored,
including personal information, credit card number, favorite links, lists
Contacts, address book and email messages are worth seriously
think about changing the approach to protecting your users' data. At the end
after all, few people will want to entrust all their personal information to a company
which is not only not responsible for its safety, but also considers all this
your information. Despite the fact that Microsoft seems to have come to its senses, and the Russian
the version of the agreement will probably be changed in the near future, an unpleasant aftertaste
will remain. Rebuilding trust is more difficult than destroying it.
And finally, this whole story contains another moral - about the need
pay attention to the legal side of various issues. Overwhelming
Most users click the "accept" or "agree" button
license agreement for the program or agreement on the terms of provisionservices without even reading its name to the end. In some cases this may
lead to very sad consequences.
====================== End ms.txt ======================
Happy connections. Roman.
2:5030/597.90@FidoNet.Org roman@biogate.com ICQ 18451676
500:812/5@ZxNet http://members.nbci.com/strolling