Microsoft Cites IP Defense in Blogger Crackdown
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On the heels of Apple Computer's attempt to crack down on journalists for allegedly misappropriating trade secrets, some free-speech advocates are worried that Microsoft has launched a similar campaign. In a Jan. 18 letter it said was issued on behalf of Microsoft, the law firm of Covington & Burling asked the publisher of tech-enthusiast site Engadget.com to remove screenshots of a forthcoming Microsoft operating-system release known as "Windows Mobile 2005." According to the request, Microsoft considers the images to contain "proprietary trade secret information belonging to Microsoft." Microsoft also requested that two other Windows-focused sites, Neowin.net and Bink.nu, remove related information from their Web sites. Neowin was the first site to publish in early January the alleged screen shots and development schedule for Windows Mobile 2005. Neowin and Bink removed the Windows Mobile 2005 information at Microsoft's request. (Neowin received a phone request from a Microsoft representative and Bink, an e-mail one from a "Microsoft Internet Investigator," site principal Steven Bink said.)
As of the time this article was published, Engadget publisher Weblogs Inc. still had not removed the Windows Mobile 2005 screen shots and information from its site. Microsoft did not respond to questions from Microsoft Watch about whether it is stepping up its campaign to limit the publication of information it considers trade secrets. Instead, a company spokesman issued this statement via e-mail: "It is routine in business, particularly in the high-tech IP industry, for companies to take steps to protect intellectual property. Legal notifications requesting that businesses or individuals not post proprietary material are common in the industry." Microsoft officials have requested various Web sites to remove information in the past. And a number of sites claiming interest in maintaining good relationships with the company and/or retaining their ability to participate in Microsoft beta programs and other community activities have done so. In fact, at a conference for Microsoft's "Featured Community Site" members last fall, Redmond officials spelled out for participants the kind of blogging and reporting information it considers unacceptable. Go to Page Two and See What Neowin's Saying About the Crackdown ("Microsoft Cites IP Protection in Blogger Crackdown" Page 2)
When asked why Microsoft is so adamant about the information on Windows Mobile 2005, compared with other "leaked" information, the spokesman said: "In this particular case (Windows Mobile 2005), it is important to note the information in question was comprised of stolen images that were obtained illegally from a Microsoft server. While many sites cooperated fully and immediately removed these images, given the viral nature of these illegally obtained images, we were required to take additional steps.
Tom Warren, one of the principals behind the Neowin site, said that Neowin has "always aimed to comply with Microsoft's requests." "In the past we've had some rather unfortunate run-ins which resulted in the site being 'downed' for a period of time" by Neowin's hosting company, following threat of legal action by Microsoft, according to Warren.
"We want to try and avoid this. We also want to keep an amicable relationship with Microsoft," Warren added.
Apple has been engaging on a few different take-down campaigns of its own during the past month. It has sent subpoenas to several Apple-news blogs and sites, requesting information on the identity of anonymous posters. And Apple has targeted the ThinkSecret.com site and its publisher, Nick Ciarelli, specifically, for allegedly misappropriating trade secrets.
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