posted May 12, 2001

MS incites UCITA breach UCITA5/12/2001; 7:11:27 PM 'Whereas Maryland's version of UCITA gives jurisdiction to Maryland, Microsoft insists that jurisdiction for the use of Passport resides in the law and courts of Washington state. As a result of this conflict, it appears that Maryland residents are not allowed to use the Microsoft service.''Although this conflict did seem to be an amusing instance of both Microsoft and the legislative sponsors of UCITA in Maryland getting hoisted on their own petards, I at first didn't see any significant consequences to all this legal snafu. Passport is a free service, and Maryland's version of UCITA includes an escape hatch for free products, designed in part at the behest of open-source software advocates. But then I remembered that the Passport license is subsidiary to the license for MSN; so I checked the license terms of MSN....'My intuition says we're missing some critical part of this story, but I'm not really certain what it is. What were Microsoft's lawyers thinking?


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