Hi
I read this with disbelief but then Microsoft are a bit like the
thought police.
Regards Steve
Quote article from MadcOpinion
"
Microsoft Sues MacOpinion Columnist
01 April 2002
by Marc Zeedar
Contributing Columnist
print format | email this story | talk
[Article courtesy United Pressed Sindicate]
REDMOND, WA: Microsoft Corporation today announced they were bringing
a $45 million lawsuit against a web journalist for misusing their
"Internet Explorer" trademark.
"Microsoft vigorously defends their trademarks and reputation," a
representative was quoted as saying. "We won't stand idly by while
anyone with an internet connection and a website abuses our corporate
image."
The lawsuit raised eyebrows in legal circles around the globe, with
some questioning Microsoft's motives. A Harvard law professor, who
preferred to remain nameless ("After all, Bill Gates is an alumnus."),
hinted that the case could be an attempt to quash free speech.
"There's nothing to the case," he said. "This is just another attempt
by a huge corporation to stop an individual from expressing his
opinions."
But other legal experts remained cautious. "This suit breaks new
ground," one said. "Who knows which way the courts will decide?"
The columnist, Mark Zeder, who writes for the MacOpinion.com website,
declined to comment on the charges.
"My attorney advises me not to say anything," he said. "But I will say
the charges are bogus and we're looking at a counter-suit. Anyone
who'd like to contribute to my defense fund is welcome."
The key charge is that Zedder used the phrase "IE" in his November 13,
2001 column without crediting Microsoft.
"It's not IE or Internet Explorer," a Microsoft spokesperson
explained, "it's always Microsoft IE or Microsoft Internet Explorer.
It's a trademark infringement to use IE without preceding it with
Microsoft or in any other manner."
Even worse, Zedar's usage apparently attacked the company. "He wrote
the letters in lowercase. That's an out-and-out insult to our great
company and the fantastic software we make. He's saying our software
isn't good enough for capitals!"
The quotation in question, which we cannot reproduce here in fear that
Microsoft won't sue us, apparently uses the term as an abbreviation of
the classic Latin term id est ("that is").
However, representatives for Microsoft dispute this claim. "People
cannot get off using obsolete terms from dead languages as an excuse
for violating a trademark," an attorney stated. "At one, time, sure,
'id est' was in vogue, but it's been widely surpassed by the proper
modern usage, referring to a key software product produced by
Microsoft. Only an idiot would assume the guy meant the Latin
definition!"
Microsoft pointed out support for their claim on numerous websites,
including a dictionary site that defines "IE" like this: "You might
think it's the Latin abbreviation for 'that is,' i.e., 'i.e.' But it's
really the abbreviation of [Microsoft] Internet Explorer."
"The issue's vague," argued the unnamed Harvard professor. "Who can
know the writer's original intent?"
Several of his colleagues point out that if Microsoft wins the
lawsuit, it could set a new precedent in trademark infringement cases.
According to one attorney, "This case is huge: Microsoft has a
potential goldmine here. There are an estimated 22.6 million 'IE'
violations every year, and that's just in the major journals,
newspapers, and websites in the United States. Worldwide, Microsoft
could be looking at billions of dollars."
Others point out that Microsoft is desperate for new sources of
income. "Exercising their corporate clout isn't an unprecedented act,"
commented one industry observer. "After all, they won the biggest
lawsuit in U.S. history -- why not go for more?"
Like copyright infringement, which is becoming a huge industry in this
digital world, trademark protection could be the next Big Thing.
For instance, lawyers for Microsoft are investigating a Michigan
window washer whose company, "Michigan Windows," is potentially in
violation of the Microsoft Windows trademark.
"We're still putting together our case," explained an attorney for
Microsoft, "but I think it's a clear case of violation of trademark."
God help us all.
"
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