Copyright Infringement Response to Microsoft
Here is my repsonse to Microsoft's complaint about my CD key web page.
Subject: Re: opensourcerules.info/cdkey.html, CASE #: 30046 From: Brian Carr [email@example.com] Date: Fri, 21 Feb 2003 11:35:53 -0800 To: Peter Anaman [Internet1@microsoft-antipiracy.com] CC: "V. Solares" [firstname.lastname@example.org] In the future, could you please contact me directly if you have any concerns or questions concerning the content of any of my web pages? I believe that you are mistaken as my publication of non-copyrighted material (product or CD keys) is authorized by law. I believe that the First Amendent (free speech) grants me the right to advise people on how to reinstall legally purchased software in the event that they have lost/misplaced the case for their CD. My own review of the relevant literature says that numbers and words can not be copyrighted; hence it is not possible to copyright serrial numbers or product keys. While your letter borrows terminology from the Digital Millenium Copyright Act, it does not meet the criteria specified in that act for 'prohibited' behaviour 1) The CD keys listed on that page are not 'technology, product, service, device, component, or part thereof'. It is simply advice on how to reinstall legally purchased software. 2) Further, this advice is not 'marketed by that person (myself) or another acting in concert with that person' as the advice is freely given without any remunerative exchange. 3) The Digital Millenium Copyright Act specifically states that section shall not 'enlarge or diminish any rights of free speech or the press for activities using consumer electronics, telecommunications, or computing products'. If you have other complaints against the content of any of my web pages or other relevant law to cite which prohibits the publication of CD keys, please contact me directly with these complaints. I hope that these matters can be resolved without further dispute. Brian CarrThis page was last updated on October 11, 2006