Cease and Desist

By offeing this torrent Chris was helping Microsoft by allowing people to download Vista via a torrent instead of directly from Microsoft, or spending $10 to order a DVD of the Beta build. Well what happened today, Chris posted he had received a “Cease and Desist” email, asking them to remove the torrent. Why would Microsoft do this? Chris was actually helping Microsoft create buzz about Vista, and probably saving MS money on server costs, not like it matters.

packaged software team lifting one of my images is definitely a case where the infringing party should have known better, as the company routinely takes action to protect its own IP. Will Microsoft will change its IP enforcement policies such asissuing broad cease and desist to members of its communityor guilty until proven innocent tactics of Business Software Alliance audits? Doubtful. I likely kicked off a round of IP discussions on Microsoft mailing lists yesterday with a variety of opinions both ways.

Well, looks like Chris and Jake get to join the ranks of Mike Rowe Soft and others in the “Cease and Decist” Club, and VistaTorrent.com has shut down. Dumb move on Microsoft’s part, since the seeders were well established Windows enthusiasts trying to get Microsoft’s product into the hands of it’s users… but that’s why Shakespeare said “First kill all the

ensuring that the workflow of community QA could continue. Their reward? A Cease and Desist. This post will not take the time to detail the community, business, and technical transgressions taking place here. This post is about how the Microsoft fanswere so casual in their mention of the Cease an Desist they got. Truthfully, Microsoft’s exercise of the cease and desist is far from outrageous in this case, it’s really not that “evil” of them. My point is only if intellectual property owners don’t quickly

By offeing this torrent Chris was helping Microsoft by allowing people to download Vista via a torrent instead of directly from Microsoft, or spending $10 to order a DVD of the Beta build. Well what happened today, Chris posted he had received a “Cease and Desist” email, asking them to remove the torrent. Why would Microsoft do this? Chris was actually helping Microsoft create buzz about Vista, and probably saving MS money on server costs, not like it matters.

I’m not sure this is a huge deal. Sure, the first response by the bulk of the community may be that this is an “evil” response to your helping hand. However, Microsoft has to be on the safe side of things like this. They are a business after all that gets sued more times in a year than I can count .

In another week or so, anyone that really wants Vista Beta 2 will have it whether your Torrent is up or not. So, how is it in Microsoft’s best interest to allow you to keep it up if they could get in some kind of legal trouble because someone’s computer gets trashed from a bogus copy of Vista?

Pretty easy decision on their part I think.

Microsoft Doesn’t Like the Vista Torrent…

Vistatorrent.com received the well known “cease and desist” letter form Microsoft. Apparently they are still planning to take down the internet.

Although the demand for Microsoft’s second Vista Beta is extremely high, Microsoft refused …

Microsoft obviously has no clue where they need help. You provided a valuable service to help them distribute their software, and all they can do is tell you to kiss off?

I agree with sterling. You are offloading their servers so that you can get the product out to people. Therefore more people can give the feedback that they so desperately need. Plus it ropes them into buying the final product once the final version is out.

This is just another example of big corporates having to follow BS copyright laws.

I don’t think it should have been done without the proper authorization. Chris, aren’t you part of the MVP program? As an MVP, you have a direct link to the folks at Microsoft who could have given you almost immediate thumbs-up or thumbs-down.

Not suprised due to the well stated response to why they are not putting up a torrent themselves. However a little disappointed…

[...] Update: Well, that didn’t take long to shut down  [...]

This was to be expected. I applaud the spirit in which it was done but you can’t call Microsoft ‘evil’ for protecting its best interest. If they allow vistatorrent.com then where does it end?

Of course it doesn’t end but they cannot possibly sanction it.

Nice try Chris.

I don’t get it. I noticed this story from Scripting.com – he’s promoting you. Dave’s asking for help with transmission of the webcast from Bloggercon – you’re getting a cease and desist from Microsoft for transmitting some of their software. Why don’t you transmit the webcast from Bloggercon? Am I missing something?

I kind of get why he wouldn’t ask through the MVP, there’d be a lot of red tape involved and basically it’s changing the whole way Microsoft would think about it. Plus simply, Chris wrote in an earlier entry that Microsoft couldn’t release it through Torrent for several reasons including the case anyone received a copy that had been altered and be in trouble for that.

Getting permission to do it would imply that Microsoft is still responsible. Plus the red-tape wading and all the other issues.

That said I looked at this part of their email:
——————
CASE #: 45618

14 June 2006
——————

I wonder if that’s 45618 from the beginning of time, from this year, or for the day of the 14th!? :)

It wouldn’t surprise me if Microsoft did have to send out 45000 cease and desists for a day – they’ve probably got an email list of repeat offenders, or those who don’t follow the email warnings.

Microsoft what is wrong with you? The person(s) who made this decision need to be fired. You just don’t get it do you?

I find that completely shameful of Microsoft. I have no idea why you continue to try to help them.

At this point, I think their only salvation is to be left alone to completely fail. When that happens, they’ll be forced to look at things differently or just fade away.

You did the right thing, both in putting it up, then taking it down.

[...] Pirillo gets a nice letter from Redmond My question is: does the Windows User community care, either way? Should we have even bothered to do it in the first place? [...]

[...]  Unofficial Vista BitTorrent Terminated Well, looks like Chris and Jake get to join the ranks of Mike Rowe Soft and others in the “Cease and Decist” Club, and VistaTorrent.com has shut down. Dumb move on Microsoft’s part, since the seeders were well established Windows enthusiasts trying to get Microsoft’s product into the hands of it’s users… but that’s why Shakespeare said “First kill all the lawyers.” posted on Thursday, June 15, 2006 1:41 AM by admin [...]

[...] UPDATE 2: Well, it had to happen – Chris and Jake have received a cease and desist letter from Microsoft and the VistaTorrent site is now down. This had to happen – Microsoft can’t risk having unauthorised people distributing copies of Vista, even if it is from a trusted source like Chris. [...]

I like how comments that are not favorable disappear. :-)

If Microsoft wasn’t going to use their technology that they have been raving about that is supposedly similar to and better than BitTorrent ( supposedly ). If the company isn’t going to take the time to find a constructive way to resolve their problem. Then yes the geek community should be allowed to come up with it’s own solutions. This is a public beta. I see no reason why it can’t be served amongst users who wish to serve it and those who want it.

[...] UPDATE: As expected Microsoft have issued Chris and Jake with a ‘cease & decist’. [...]

[...] This Week with Windows – Week of June 17th, 2006 Welcome to This Week with Windows! That means everything from Windows XP to Windows Vista. Here are a few of the latest conversations that have caught my eye this week in the Windows Community! Bill Gates to transition out of Microsoft in July 2008 (Microsoft PressPass)Bill Gates will transition out of Microsoft in July of 2008 with Ray Ozzie there to take his place and Cheif Software Architect. Bill is going to then concentrate on the Bill and Melinda Gates Foundation. To me, this was a shock but completely understandable. And honorable. It will certainly be interesting to see the directions Microsoft has a company goes as Bill leaves. Talking about Digital LockerBlake from Extended 64 started a conversation about Digital Locker that Ed Bott chimned it too as well. Digital Locker is suppose to be a place in Vista where your downloads are stored after purchasing software from the Windows Marketplace. I think Microsoft should go above and beyond that goal and make Digial Locker a full fledge download manager in Windows – allowing other companies with online stores to also tap into this. Its pretty useless in its current state and its unknown which direction Microsoft will take it in RC1. Vista Torrent Site Pulled (Chris Pirillo)Chris Pirillo and Jake Ludington decided to start up a torrent site helping users get copies of Windows Vista Beta 2 since Microsoft’s servers are just hammered. This isn’t a hacked or leaked copy. You still needed to register through Microsoft’s Customer Preview Program to get your keys etc. Unfortunately Microsoft made them pull their efforts from the site. You can read the full email of the MS Legal request at their site. Its unfortunate this had to happen really – it was designed to work in Microsoft’s favor not against Microsoft. It was suppose to help Windows Community members get access to Vista so they can install it and start submitting feedback. If you’e having problems downloading, I suggest signing up and getting the DVD instead. Update to Windows Mobile Device Center for Vista Beta 2 ReleasedA update to the very limited Windows Mobile Device Center in Windows Vista Beta 2 was released late Thursday giving users the ability to finally sync their Mobile Devices with Outlook. There seems to still be issues I’m hearing from users even with the update. Some say they can’t even get the update to install right. Now I did have a few issues myself but a simple restart fixed it and all is working on my end. I absolutely love the new update. But one thing sticks out as a sore thumb to me – the Mobile Team has no plans to allow syncing between Windows Calendar, Windows Mail, and Windows Contacts in Vista with a Windows Mobile Device. This is very unfortunate they aren’t tapping into these apps in Vista. If I weren’t using an Exchange Server, I’d be mad. Actually – I AM mad. Performance Enhancements in Windows Vista (Windows Connected)Josh outlines Performance Features coming with Windows Vista from a talk at TechEd. Very cool outline. My favorite so far is ReadyBoost only because its helped me so many times. Simply plug in a USB thumbdrive and you have more memory! I suggest reading Josh’s post if you want to know what new Performance changes are being made to make Vista’s experience better. Ed Bott’s Windows Vista Tips (Ed Bott’s Windows Experience)Ed is continuing to offer some great tips for Windows Vista. He offered us the tip of adding multplie clocks to the taskbar clock a week ago and this week he shows us how to move our data folders to a seperate drive. Check them out! Final Thoughts: Talk is taking place in the community, especially from those on the Windows Vista Technical Beta, on when we’ll see another build of Windows Vista. Between the February CTP and Beta 2, we saw 3 interim builds pretty much at a rate of 1 build a month. These inteirm builds aren’t CTP or Beta quality but it was sure enjoyable to test and see the kind of progress Microsoft was making. And with the builds between Build 5308 and Beta 2 – you actually could feel the quality getting better from each build. Can we expect to see a interim build released to technical beta testers before the end of June? [...]

well people always easy answers to difficult questions, like right or wrong, Yes orNo, Good or Bad, Google, Yahoo or MSN.

hey! what about walking the middle path, Maybe. Now Chris can say with surety that he has been there, done that, and everything in between

Time to turn over a new leaf, Chris, this is your wakeup call.

I have no clue why they would issue a cease and desist letter. The Vista system is so horrible seems few would bother to download it anyway.