The more I think about the situation... the more I AM SURE this is all a basic misunderstanding by the "internet investigator" (probably a 3rd party - subcontractor) for Microsoft about the content and intent of AutoPatcher.
Specifically in the C&D notice is the list of OPERATING SYSTEMS and this indicates a mistaken notion that AutoPatcher represents a distribution method that would infringe upon Microsofts property rights and ability to make a profit from the sale of its products. I don't think the "investigator" recognized that AutoPatcher contains only Hotfixes, Patches, Updates, QFE's, and the like.
I'm almost certain that permission to redistribute these elements IS OBTAINABLE from Microsoft through their legal department.
From my posts yesterday in the comments section on the AP Sites - latest news section
cme4pc Says:
August 30th, 2007 at 1:31 pm
*www.microsoft.com/about/legal/permi...efault.mspx#ECG
Site for obtaining permission to redistribute hotfixes and patches.
“For questions about redistribution of hotfixes, updates, and QFEs, call (425) 882-8080 and ask to speak with a Product Support Services representative”
PLEASE NOTE - if it were illegal for a 3rd Party (autopatcher) to distribute MS updates, hotfixes, etc., then why would MS have this information posted on their legal divisions website?
There is undoubtedly a way for AutoPatcher to obtain official and legal permission to continue on with its project. To comply with MS guidelines, it may be necessary to have seperate AP programs, one that merely installs and verifies MS components. A second AP to handle all other 3rd party components, plugins, modules, etc.
I hope this info is getting through and not lost in all the rantings .....
I would also suggest close examination and confirmation of the CONTENT of the C&D letter. Forget any conversations previously (why we are here in the current dilemna in the first place) and seek written confirmation / authorization.... you guys HAVE to get names, numbers, note time and dates of conversations and correspondence and DOCUMENT EVERYTHING IN WRITING!!!! Insist on written permission from MS Legal then go tell this "internet investigator" what he can do with his little C&D order.
I sent messages to MS's Public Relations subcontractor.... the firm MS hires to mitigate all the "MS IS AN EVIL EMPIRE" image that exists in the media and public... I linked them to the stories, forums, and comment sections so that they would be aware of all the ill will this "internet investigator" is causing for their employer.
Take this battle and fight it on two fronts.... Legal and Public Relations.... links to legal above... links to PR below...
cme4pc Says:
August 30th, 2007 at 1:08 pm
Interesting reading from the MS site….
*www.microsoft.com/about/legal/intel...ty/default.mspx
*www.microsoft.com/about/legal/intel...repreneurs.mspx
“Microsoft partners with entrepreneurs around the world in order to encourage innovation.”
Clearly this is in conflict with the take down notice….
List of PR contacts at MS:
*www.microsoft.com/presspass/PR_Contacts.mspx
These are from my posts on the AP SITES LATEST NEWS and most likely LOST IN THE FLOOD of responses.
*www.autopatcher.com/134#more-134
Comments #429, 447, and 452 - 453
As described there, I have over 25 years experience in this industry and KNOW for a fact that MS would not intentionally do something that would inflame a large group of international customers such as what is occuring as a result of this "internet investigator" (what credentials does one have to have to obtain such a title anyway?) issuing an UNENFORCEABLE C&D.
Is this guy/gal even a lawyer... Is this someone in the direct employ of MS or otherwise fully authorized to act on behalf of Microsoft???... or is this some non computer literate intern working with a private investigator??? IS THIS APPARENT / OSTENSIBLE AUTHORITY or VALID AUTHORITY behind this order?
From where does this person draw authorization to act on behalf of MS??
Look ... a C&D is not a court order. It's simply a way for a company to say stop doing something that we THINK infringes on our legal rights and if you don't THEN we will file suit. THERE IS NO VIOLATION OF LAW ignoring an UNENFORCEABLE C&D order.
It doesn't take clarification from MS to restore the AP Site and forums.... by the letter of the C&D order, it's intent was to prevent illegal distribution of OPERATING SYSTEMS.... no judge anywhere / anytime is going to hold you to honor this document because YOU ARE NOT DISTRIBUTING MS PRODUCTS ILLEGALLY, maybe without official permission... but there is huge difference.... I am not a lawyer (but have studied law) and I'd urge you to consult with a good patent/copyright attorney in ref to any legal obligation to honor the C&D in the first place. Maybe you guys were speeding... but this is a stop sign ticket..... and as such is unenforceable.
The C&D order is also challengable on the grounds of that MS has allowed the practice of 3rd party patch distribution systems for years with full awareness of their existence and did nothing when such activity was first noticed. Therefore, an argument against the validity / enforceability against the C&D order could be made on the principle grounds of estoppel.
Challenge this ... investigate the investigator... contact MS Legal for written permission to redistribute... rage against the machine.....
Best of luck and I'll be proud and honored to fight in the trenches alongside you guys...
Good luck installing & updating, then installing the packages to do your work, then installing the packages to play mp3 & DivX, then installing the package to start using notepad on Linux via internet on dial up.
for that terawindows.com is there OK?oh!forgot teraoffice.com 