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Microsoft Says It Never Meant To Knock Cryptome Offline
CWmike writes "Microsoft withdrew on Thursday its demand that Cryptome.org yank the 'Microsoft Global Criminal Spy Guide' document from the site, and said it had never intended for the whistleblower's domain to be knocked off the Web. 'In this case, we did not ask that this site be taken down, only that Microsoft copyrighted content be removed,' said a Microsoft spokeswoman. 'We are requesting to have the site restored and are no longer seeking the document's removal.' The document, a 17-page guide to law enforcement on how to obtain information about users of Microsoft's online services, including its Windows Live Hotmail, the Xbox Live gaming network and its Windows Live SkyDrive storage service, was published by John Young, who runs Cryptome.org, on Feb. 20. Earlier this week, Microsoft demanded that Young remove the document from his site, citing the Digital Millennium Copyright Act. When Young refused, his Internet provider shut down the site, and Network Solutions, the registrar of Young's domain, put a 'legal lock' on the domain name. The last prevented him from transferring the URL to another ISP. Computerworld blogger Preston Gralla dug into the document today in his 'Leaked Microsoft intelligence document: Here's what Microsoft will reveal to police about you' post."
It doesn't take going to court to be in violation of the law, just to be proven so.
For the record, Microsoft claimed they were the owners of copright on the document in question, and sure enough, page 2 of the document states:
"2007-2008© Copyright Microsoft Corporation. All rights reserved. Microsoft, MSN, Hotmail, Xbox and Xbox 360 are trademarks of the Microsoft group of companies. No part of this handout may be reproduced or transmitted in any form or by any means, electronic or mechanical, without the written permission of Microsoft Corporation."
Really hard to claim that Microsoft wasn't the copyright owner when the document young was distributing even had the copyright notice intact!
Is/was young able to produce written permission from Microsoft as required?
No, didn't think so.
Under your "due process" I suppose if a policeman sees a car that has been reported stolen, he must wait for a court to file a preliminary (something) before he's allowed to pull the car over or detain/arrest the driver?