Copyright Infringement Response to Microsoft

Copyright Infringement Response to Microsoft

Here is my repsonse to Microsoft's complaint about my CD key web page.

Subject: Re:, CASE #: 30046
From:    Brian Carr []
Date:    Fri, 21 Feb 2003 11:35:53 -0800
To:      Peter Anaman []
CC:      "V. Solares" []

In the future, could you please contact me directly if you have any concerns
or questions concerning the content of any of my web pages?

I believe that you are mistaken as my publication of non-copyrighted
material (product or CD keys) is authorized by law.  I believe that
the First Amendent (free speech) grants me the right to advise people
on how to reinstall legally purchased software in the event that they
have lost/misplaced the case for their CD.

My own review of the relevant literature says that numbers and words
can not be copyrighted; hence it is not possible to copyright serrial
numbers or product keys.  While your letter borrows terminology from
the Digital Millenium Copyright Act, it does not meet the criteria
specified in that act for 'prohibited' behaviour

1) The CD keys listed on that page are not 'technology, product, service,
device, component, or part thereof'.  It is simply advice on how to
reinstall legally purchased software.
2) Further, this advice is not 'marketed by that person (myself) or another
acting in concert with that person' as the advice is freely given
without any remunerative exchange.
3) The Digital Millenium Copyright Act specifically states that section
shall not 'enlarge or diminish any rights of free speech or the press for
activities using consumer electronics, telecommunications, or computing

If you have other complaints against the content of any of my web pages
or other relevant law to cite which prohibits the publication of CD keys,
please contact me directly with these complaints.  I hope that these
matters can be resolved without further dispute.
                   Brian Carr

This page was last updated on October 11, 2006