Microsoft Creates Static With New Webcast Feature

An anonymous reader writes "Radio stations are upset because Microsoft is cloning their playlists -- creating sounds-alike internet radio stations without the commercials."

Comments

Maybe if you RTFA

[allism]

The problem isn't that Microsoft sounds like other radio stations, the problem is (to quote the article) "MSN Radio promotes these online channels as being "like'' a favorite local station, "but with fewer ads, no DJ chatter and less repetition.'" They're using the actual call letters from the stations.

Re:Should there be

[startled]

Should there be any intellectualy property expectations of a playlist?

I'd say no, but if you click on over there, there are some much more questionable elements to the page. In particular, they list the station's callsign and slogans in a way that someone could make a compelling argument is confusing to the average person (the average person being a dolt :) ).

Off to the left, you get this non-confusing bit:
"Like 96.5 FM"
But then separated into another column, it says this:
"96.5 KOIT LITE ROCK LESS TALK"

Now, it may not be a clear-cut case of trademark infringement, but I can guarantee that if Microsoft own these stations and someone else tried this, there'd be a cease-and-desist in the mail already.

Re:Should there be

[Hollins]

What's next? Accusing someone of copying the order of items on a store shelf?

Actually, the folks who own the Dewey Decimal system have done just that.

Microsoft will stop this nonsense

[Anita Coney]

The case Microsoft is relying on is Playboy v. Terri Welles. Welles was a Playboy Playmate of the year. She put that information in the metatags of her website. Playboy sued saying that Welles' use of the terms Playboy and Playmate violated its trademarks.

The court ruled that the fact that Welles a Playboy Playmate of the year is, well, a specific fact. And because she was exactly what she claimed to be, there could be no confusion in the marketplace.

Microsoft's use of stations' call letters, however, will obviously lead to confusion. It would be like Pepsi putting it's "like Coke" right on its labels. Sure, Pepsi does takes "like coke." but the confusion in the marketplace would be too great. Basically, the fact is too generalized.

This will never go to trial though. Some higher up at Microsoft will come to his or her senses and put a stop to this nonsense.