[PLUG] [Fwd: [Ed Foster's GripeLog] The GripeLog Column: "A Defining Moment"]

[Ron Braithwaite]

 From one of the many lists I am on:

-------- Original Message --------
Subject: [Ed Foster's GripeLog] The GripeLog Column: "A Defining Moment"
Date: Thu, 29 May 2003 10:00:35 -0700
From: Ed Foster <foster at gripe2ed.com>
To: edfoster at gripe2ed.com

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ED FOSTER'S GRIPELOG
The Reader Advocate Column
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Thursday, May 29, 2003
By Ed Foster

A DEFINING MOMENT


Once all the lawyers have finished having their fun with the SCO vs. IBM
madness, what will they do for an encore? After a long look in my
crystal ball, here's my prediction for the next episode of intellectual
property terrorism:

BELLEVUE, WA, July 15, 2004 -- Semi-Unabridged Webster Corp., publishers
of the Semi-Unabridged Webster Dictionary of 1923, today announced it
has granted a license of English language intellectual property rights
to Microsoft Corporation. The licensing deal makes Microsoft the first
company to ensure its products and services will be in copyright
compliance with the use of English.

"We are very grateful for Microsoft's acknowledgement of our
intellectual property rights and for their support in our efforts to
make English available to all for a reasonable licensing fee," said
Preston Gates Ellis, CEO and General Counsel for the recently-formed
Semi-Unabridged Webster (SUW).  Ellis acknowledged that Microsoft
received a particularly favorable licensing due to its "small
investment" in his company, but declined to provide detailed numbers.

A Microsoft spokesman said the company will not participate in the
lawsuit SUW recently filed against AOL/Time-Warner for copyright
infringement over its use of English in various media properties. "This
move is just representative of Microsoft's commitment to respecting
intellectual property and its healthy exchange through licensing," the
spokesman said.

Ellis reiterated his earlier statements that SUW does not claim to have
intellectual property rights to the entire English language, but that
"crucial words and usages have been appropriated in clear violation of
our rights." He declined to give specific examples of such infringement,
as that might aid in helping the infringers disguise their culpability.
"The best guideline we can offer at this point is that, if you want to
use English, you need a license."

Legal observers have pointed out that other dictionary publishers also
have rights to use the Webster name, but SUW is in a unique position
because its dictionary was published in 1923.  Due to the Sonny Bono
Copyright Term Extension Act, all previous dictionaries have entered
into the public domain, leaving the long out-of-print Semi-Unabridged
Webster tome with priority as the oldest copyrighted lexicon.

SUW Corp., which acquired rights to the dictionary shortly after forming
earlier this year, plans no legal actions against individual users of
English until after its lawsuits with AOL/Time Warner and possibly other
media conglomerates are settled. "We would suggest, however, that
everyone be mindful of today's announcement in that regard," Ellis
added. "At this point, for example, it should be understood that MSN is
the only on-line service that is legally authorized to send or receive
e-mail messages written in English."

Ellis also reacted angrily to critics who've suggested his company is
just a legal stalking horse for Microsoft and not actually a dictionary
publisher. "We are in the dictionary business, and we will prove that by
putting out an update of the 1923 edition in the near future to further
extend our intellectual property rights." He also refuted claims that
SUW is threatening lawsuits only against those who are critical of it or
Microsoft. "We absolutely believe in everyone's right to speak their
mind freely," he stated. "But those who are unwilling to acknowledge of
rights of legitimate copyright holders shouldn't use our language to do so."

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In the GripeLog weblog this week at http://www.gripe2ed.com:

Microsoft Licensing Changes
Do the new benefits Microsoft has added to Software Assurance represent
a victory for customers?
http://www.gripe2ed.com/scoop/story/2003/5/28/103627/412

Licensing and Copyright
What do Microsoft, Intuit and Cisco have in common? They are all pushing
copyright laws further than they are meant to go.
http://www.gripe2ed.com/scoop/story/2003/5/26/174312/527

Norton Expiration
Readers are complaining about nagware for Norton Antivirus.
http://www.gripe2ed.com/scoop/story/2003/5/23/124055/405

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If you have any comments, questions, problems or gripes about this
newsletter, please write me directly at foster at gripe2ed.com. Thanks for
your interest.

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