Russian lawyer is fighting Microsoft over domain names

Microsoft is suing a Russian citizen for copyright infringement. The company wants M. Babyshkin to stop using two domain names. Mr. Babyshkin recently received a letter from the Moscow office of Baker & McKenzie, a law firm representing Microsoft.

The letter is actually an order demanding that Mr. Babyshkin refrain from using both domain names. He infringes on the copyrights of Microsoft by using those domain names, according to Baker & McKenzie. The owner of the domain names denied the demands. Some time ago Mr. Babyshkin was served with a summons.

Baker & McKenzie demands that the defendant's administration of domain names be deemed a violation of the plaintiff's copyrights. The law firm also demands that the defendant stop using the trademarks windowsupdate and windowsxp on the Internet and pay damages worth 200 thousand rubles as a compensation stipulated in the Russian Law plus plaintiff's legal costs.

Meanwhile, the domain owner says that windowsupdate.ru is strictly a nonprofit web site that was set up as an homage to the Russian Emperor Peter the Great. Mr. Babyshkin says his web site was never used for selling products associated with Microsoft. He says that he has a degree in law and therefore intends to defend himself in court. "My detailed objections to their lawsuit can prove that every count of their claim is a combination of lies and manipulated facts," says Mr. Babyshkin. He says neither of the counts is true. Mr. Babyshkin is quite confident that he will win the case and Microsoft will eventually leave him alone.

Read the original in Russian: http://www.federalpost.ru

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