Microsoft may face legal action over copied code

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NEWS

Microsoft's apology for a contractor that copied blogging site software from a small company called Plurk might not be enough to avoid legal action.

"We are still thinking of pursuing the full extent of our legal options available due the seriousness of the situation," Plurk co-founder Alvin Woon said in a statement posted on Thursday. "Basically, Microsoft accepts responsibility, but they do not offer accountability."

Microsoft accepted responsibility for the copying, blaming it on a third-party company. It suspended access indefinitely to the site at MSN China, called Juku. "We apologize to Plurk and we will be reaching out to them directly to explain what happened and the steps we have taken to resolve the situation," Microsoft said on Tuesday.

For more on this story, see Plurk holding Microsoft's feet to code-copying fire on CNET News.

Talkback

I entirely agree.

I don't think that Plurk should settle for anything less, quite literally.

They obviously have a good case in copyright, and presumably the law of confidential information. Although the law of confidential information is a common law solution, it's not totally noddy.

Microsoft can easily afford it. Good luck!

Shibley R 18 December, 2009 15:19
Reply

usually, when the infringement is accidental and the offence is removed on notification, courts would be looking to see what the damage and loss to Plurk was - but the Chinese attitude to IP infringement will certainly be interesting. If there is a lawsuit and there is money to be paid, it would presumably come from the contractor who actually copied the code and then said it was their own.

What Microsoft obviously needs is a better review and sign-off process for third-party code. And to make sure that their contracts with third parties hold the programmer who lifted the code responsible.

M

Simon Bisson and Mary Branscombe 18 December, 2009 19:57
Reply

No big deal. MS has a penchant for "borrowing " code, and not owning up to it until caught. I would bet that their windows code contains many lines of UNIX.
Plurk should just forgive and forget. MS has the best lawyers and judges that money can buy.

ator1940 22 December, 2009 15:00
Reply

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