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“I’m a criminal. What can I say?” stated Andy Mingo in regard to recent self-proclaimed violations of Microsoft’s copyrights. The text in question, titled “Business at the Speed of Thought,” is mostly comprised of Bill Gates’ own writings from his book of the same title that deals with corporate infrastructure, and which can be found on Microsoft’s Web site. According to Mingo, he created his text to prove that copyright laws are obsolete and not applicable to the Internet. To add to the intrigue, the text has been posted on Mingo’s domain. The domain itself has been a center of controversy since Mingo received a cease-and-desist letter from Microsoft attorney Scott Behm on August 3, 1999. The order suggested that Mingo stop using the domain name microsoftedu.com, and that he consult with an attorney competent in “…trademark law (including recent domain name infringement law), right of publicity and copyright law, and the general law of parody and the first amendment.” Indeed, according to Mingo the first amendment had always been a concern; in particular, how to use it to its fullest potential in a self-regulated medium such as the Internet. Mingo apparently made some changes to his Web site which satisfied Microsoft, but he kept the domain name to “complete his academic goals.” In fact, the site is recognized as a “Special Study 798,” an independent study for academic credit at San Diego State University, and will earn him three units applied to his Master of Fine Arts degree in creative writing under the direction of Dr. Lidia Yuknavitch. Originally, Mingo registered microsoftedu.com and put up the rogue site to criticize the growing role that corporations are taking on in the public education system. “Microsoft has had an increasing role in the Cal State system ever since the attempted implementation of the California Education Technology Initiative,” said Mingo. “CETI proposed a curriculum designed by California State University, GTE, Fujitsu Business Communications, Hughes Global Services and Microsoft. University/corporate partnerships put profit over truth.” Mingo embarked on creating his Web site over the summer after reading about a proposed project in the RTMARK Education Fund, a group of projects which address the changing ways in which education is conceived, distributed and perceived in the “global marketplace,” particularly focusing on the corporatization of the educational system. RTMARK uses its limited liability as a corporation to sponsor the sabotage of mass-produced products, and has previously sponsored other rogue Web sites such as YesRudy.com, a site critical of New York Mayor, Rudy Giuliani. So what about Mingo’s recent copyright violations? Well, according to Microsoft spokesman Tom Pilla, there’s not a problem. In an October 8 interview, Pilla stated that “…when a site uses our copyright or trademarks in a manner that actually suggest a connection with official Microsoft position or content that is confusing to users, certainly we have a problem.” But having visited microsoftedu.com on October 7, Pilla stated that, as far as he knows, Microsoft considers the matter closed. Pilla’s comments do, however, make for an interesting juxtaposition when compared to Gates’ “Terms of Use,” which explicitly states:
So why argue over the fine print? Mingo suggests that the Internet now offers a medium where traditional ideas of copyright and trademarks can be challenged, “…just as long as users don’t get confused.”
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