IP: How To Read "Terms of Use" Agreements (Microsofts that is) Stanford CSL Colloquium Tomorrow, Wed, Apr 11

[David Farber <dave () farber net>]

> Date: Tue, 10 Apr 2001 14:29:17 -0700
> From: ee380 <ee380 () shasta Stanford EDU>
> To: dave () farber net, farber () cis upenn edu
> Subject: Stanford CSL Colloquium Tomorrow, Wed, Apr 11
> Cc: allison () stanford edu, wharton () shasta Stanford EDU
>
>
> Dave --
>
> I am continuing to negotiate with Microsoft to send a representative to
> explain the provisions is both the old and the new Terms of Use for the
> Microsoft Passport site, but they have been unable to "find someone"
> who could participate.  Even without them, a careful reading of the
> provisions of both the pre-April 4 and post-April 4 Terms of Use is
> educational.
>
>         -dra
>
> -------------------------------------------------------------
>
>         Computer Systems Laboratory Colloquium
>           4:15PM, Wednesday, April 11, 2001
>     NEC Auditorium, Gates Computer Science Building B03
>
>
> Topic:          How To Read "Terms of Use" Agreements
>
> Speaker:        Jack Russo
>                 Russo & Hale, LLP
>
> About the talk:
>
> This Colloquium departs from the usual presentation of research
> results and new and innovative products to spend some time
> learning about the nitty-gritty legal details of web-based
> services.
>
> Web-based services utilize "Terms of Use" agreements which you,
> as a user, presumably assent to when you use the site. Every
> service-providing site (Yahoo!, Hotmail, Passport, and others)
> has such agreements. Most users pretty much ignore reading Terms
> of Use agreements and simply assent.
>
> Recently, Microsoft's Terms of Use agreements for Microsoft's
> Passport website have been at the center of controversy
> between Microsoft and both privacy and intellectual property
> watchdog groups.
>
> While Microsoft claims the particular Terms of Use agreements in
> the spotlight are intended for and apply only to the Passport
> product, the fact that "Passport Technology" is a component of
> the recently announced HailStorm and .NET product lines has
> suggested to many observers that the Passport agreements are
> indicative of what Microsoft intends to use with these new
> products.
>
> There has been substantial discussion in the press and on the
> web. See, for example, the comments posted on Dave Farber's IP
> (Interesting Persons) list, on http://www.slashdot.org/,
> and articles elsewhere in the trade press.
>
> Recently (April 5), Microsoft changed the published provisions of
> the Passport site's Terms of Use, perhaps in response to
> criticism in the press, perhaps not. Microsoft has been silent on
> the Terms of Use controversy and has issued neither Press
> Releases nor White Papers discussing their position.
>
> Today's Colloquium speaker is Jack Russo, a partner in Russo &
> Hale in Palo Alto. He will walk us through the two versions of
> Microsoft's Passport's Terms of Use agreement, and examine, in
> detail, point by point, paragraph by paragraph, what he
> understands are the obligations and rights of a user under this
> agreement.
>
> Before the Colloquium, we recommend that you browse the Passport
> site, http://www.passport.com and read the various versions of
> the Terms Of Use agreements, including the most controversial one
> fetched from Google's cache:
>
> ----------------------------------------------------------------
> Current Live Version
> http://www.passport.com/Consumer/TermsOfUse.asp
>
> Snapshot of April 5, 2001 -- the New Version
> http://www.stanford.edu/class/ee380/Abstracts/TermsOfUse.010405.html
>
> Snapshot of April 4, 2001 -- the Controversial Version
> http://www.stanford.edu/class/ee380/Abstracts/TermsOfUse.010404.html
>
> ----------------------------------------------------------------
>
> The original controversial Microsoft Terms of Use agreement has
> been withdrawn (at least in the United States) and presumably
> will not be enforced by Microsoft. Microsoft PR spokesperson Tom
> Pilla explained to us, as we were organizing this Colloquium,
> that the posted Terms of Use that touched off the controversy
> were "outdated" and that they should have been replaced because
> they had been superseded by the privacy policy statement with
> its TRUSTe privacy certification.
>
> Microsoft has been invited to participate in this Colloquium. We
> asked that they provide a spokesperson with detailed knowledge of
> provisions of the Terms Of Use agreements. Embarrassing as it
> must be to be embroiled in controversy over user privacy,
> intellectual property ownership, and other elements of the Terms
> of Service agreement, proactive explanation and clarification
> seems to us to be most effective As of this posting (Friday,
> April 6, 2001, 10PM) Microsoft has been unable to identify anyone
> who could act as a spokesperson and address the Colloquium. They
> have promised to continue searching.
>
> If you received this abstract via email, you may want to visit
> the colloquium website, http://www.stanford.edu/class/ee380. The
> version of the abstract posted there has active links to much of
> the cited material.
>
> -----------------------------------------------------------------
>
> About the speaker:
>
> Jack Russo is a partner in Russo & Hale LLP. Russo & Hale
> LLP, located in Palo Alto, California, specializes in computer
> software cases in state and federal courts, including disputes
> involving copyright, trade secret, patent, trademark, licensing
> and other proprietary rights issues.
>
> Mr. Russo is admitted to practice in California, New York,
> Washington, D.C., and Hawaii as well as the U.S. Supreme Court
> and a number of federal courts. He was educated at the City
> University of New York, Brooklyn College (B.A./M.A. Joint Degree
> in Urban Management and Computer and Information Science, 1977.
> Magna cum laude) and the University of California at Los Angeles
> (J.D., 1980. Order of the Coif).
>
> Mr. Russo is a frequent speaker on computer law issues and has
> given presentations to the American Bar Association, the
> Practicing Law Institute and the Computer Law Association. Mr.
> Russo serves as an arbitrator and mediator for the U.S. District
> Court (N.D. California), the Santa Clara County Superior Court,
> and the American Arbitration Association, as well as a Judge Pro
> Tempore of the Santa Clara County Superior Court.
>
> Contact information:
>
> Jack Russo
> Russo & Hale, LLP
> 401 Florence Street
> Palo Alto, CA 94306
> Vox: (650) 327-9800
> Fax: (650) 327-3737
> jrusso () computerlaw com



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