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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."
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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.
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.
If someone says he and his monkey have nothing to hide, they almost certainly do.