The following materials were copied from the Microsoft Passport Web Site Terms of Use and Notice, at http://www.passport.com/Consumer/TermsOfUse.asp, on April 3, 2001.
 

LICENSE TO MICROSOFT By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Passport Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Microsoft and its affiliated companies permission to:   Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. Publish your name in connection with any such communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid with respect to Microsoft's use of the materials contained within such communication. Microsoft is under no obligation to post or use any materials you may provide and may remove such materials at any time in Microsoft's sole discretion.

I have recorded the preceding quote from "Microsoft Passport Web Site Terms of Use and Notice", because I believe that when confronted with the public outcry over this atrocity, they will revise the license. I want the original language recorded for posterity, so the public knows what they tried to get away with. I'm betting Microsoft will claim this contract language was "just a mistake of one of our lawyers". I won't believe that for an instant.

Furthermore, a simple change of the language isn't sufficient to grant a level of security that would let me communicate with Passport. That's because earlier in their license they basically say you need to read their contract before each use of Passport, or you accept their terms in toto. See the following quote from their license:
 

MODIFICATION OF THESE TERMS OF USE Microsoft reserves the right to change the terms, conditions, and notices under which the Passport Web Site and services are offered. You are responsible for regularly reviewing these terms and conditions. Continued use of the Passport Web Site or services after any such changes shall constitute your consent to such changes.

Note the preceding three sentences. The second sentence is redundant, unnecessary, and misleading. Note the third sentence. If you use the service just once after they change the terms, you're bound by the new terms. That means you must review the terms every time, not just "regularly".

And ask yourself this question: would Microsoft be nice enough to redline the changes to the terms so you could easily see what changed?
 

Email Steve Litt (but not from hotmail)