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Authored by wayneborean on Oct 16, 2014 17:44:43 GMT
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Ian Al
Guest
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Authored by Ian Al on Oct 17, 2014 10:06:50 GMT
So, Microsoft supplies a monopoly operating system which is insecure by design. Instead of rewriting it to make it secure, they misused the Lanham act and abused the court process by inducing the court to order a URL registrar to reassign the URLs for No-IP's service to Microsoft even though No-IP was a legitimate company which had not been shown to be acting illegally or criminally.
This was done to reduce attacks on Microsoft's insecure operating system. When challenged to restore No-IP's service, Microsoft refused unless a consideration in-kind under contract law was agreed to.
The Lanham Act (As modified in 1999):
(d) Cyberpiracy prevention (1)
(A) A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, without regard to the goods or services of the parties, that person— (i) has a bad faith intent to profit from that mark, including a personal name which is protected as a mark under this section; and (ii) registers, traffics in, or uses a domain name that— (I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark; (II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or (III) is a trademark, word, or name protected by reason of section 706 of title 18 or section 220506 of title 36.
(B) (i) In determining whether a person has a bad faith intent described under subparagraph (A), a court may consider factors such as, but not limited to— (I) the trademark or other intellectual property rights of the person, if any, in the domain name; (II) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person; (III) the person’s prior use, if any, of the domain name in connection with the bona fide offering of any goods or services; (IV) the person’s bona fide noncommercial or fair use of the mark in a site accessible under the domain name; (V) the person’s intent to divert consumers from the mark owner’s online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site;
Microsoft have illegally interfered with No-IP's 'prior use... of the domain names in connection with the bona fide offering of any goods or services'. The company has been obviously and significantly damaged by this Lanham Act infringement.
In addition, the refusal to put it right without a consideration in kind thus halting No-IP's legitimate business is extortion.
And wire fraud:
Wire
18 U.S.C. § 1343 provides:
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.
Still, the law is whatever a global company wants it to be.
Ian Al
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nsomos
Veteran Member
Posts: 140
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Authored by nsomos on Oct 20, 2014 14:09:54 GMT
From the Wired article ..
"Microsoft says it needs to wield this kind of extreme power to keep the internet safe. It’s part of determined attitude towards security that has pervaded the software giant since its Windows operating systems were attacked by a series of malicious internet worms more than a decade ago—an attitude that, in some respects, the company should be commended for. It has helped make the internet a better place. "
I will not commend a company for taking action, when the problem is for the most part a result of their own doing. (or lack thereof)
The internet would be a much better place, if there were no Microsoft!
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Authored by wayneborean on Oct 21, 2014 16:55:34 GMT
From the Wired article .. "Microsoft says it needs to wield this kind of extreme power to keep the internet safe. It’s part of determined attitude towards security that has pervaded the software giant since its Windows operating systems were attacked by a series of malicious internet worms more than a decade ago—an attitude that, in some respects, the company should be commended for. It has helped make the internet a better place. " I will not commend a company for taking action, when the problem is for the most part a result of their own doing. (or lack thereof) The internet would be a much better place, if there were no Microsoft! Wishes won't get you anywhere. There is a Microsoft. i keep telling people to avoid their products. It is a slow process, but we have to keep doing it. Wayne madhatter.ca
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