ietf-mxcomp
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Re: Motion to abandon Sender ID

2004-09-02 11:01:48

Nobody ever says why MSFT would prosecute someone who didn't have the
license.  In court, it would be pointed out:

* MSFT does not charge anything for the license, so its damages would be
non-existent
* MSFT gives the technology away freely to those who send in a fax
* MSFT clearly intended it to be royalty free as it was given over to an
international standards body

So in court they'd have to show why a particular user who hadn't sent in a
fax should be prosecuted?  They would have to show harm done to them.

This is completely incorrect. This would be true for a breach of contract case (or also a tort case), but not here. In the case of someone taking or duplicating something without a license, it's piracy. And there are statutory damages available for both piracy and malactions against intellectual property (in fact the latter is precisely on what our "register your domain for trademark protection to sue spoofers" service is founded - showing actual damage in these cases can be difficult - which is precisely why there are statutory damages available).

Even if they did have to show damages, it would be easily done by the loss of ability to track who is using their product, and, by extension then, who may be diluting it by altering it and still distributing it as a "Microsoft product" (and if not as a "Microsoft product", then we get to areas of infringement).

Anne

Anne P. Mitchell, Esq.
President/CEO
Institute for Spam and Internet Public Policy
Professor of Law, Lincoln Law School of SJ
Committee Member, Asilomar Microcomputer Workshop