I was browsing my local governments web site recently when I noticed the banner graphic at the top of the page looked familiar. I quickly changed the background on my computer's desktop to the 'Bliss' background that ships with Windows XP. Comparing the banner and background it was very apparent that whoever made the web site stole their graphic from a portion of this background. As far as I know this is not acceptible and being my local government's web site I don't want them to get in any trouble. Though I doubt this is a big deal, does anyone think otherwise? Would MS actually take any action against my local government if they somehow found out? And if so, how should I go about informing the local govt of this?
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Stolen image 1
- Thread starter philote
- Start date
I doubt it would be a big deal either, but Heaven knows that lawers make a lot of money out of little things.
If your government web site has been developed professionally, there should be a link to contact the administrator. I would use that to tip them off.
Doesn't mean they'll do anything about it though. Who knows ? Maybe they asked MS for permission and got it. I mean, it's not like Windows desktop backgrounds are secret, hmm ? This could almost fall into the fair use domain. Besides, if the worst happens, they could always argue that it serves as a free advertisement.
Crazier things have happened.
Pascal.
If your government web site has been developed professionally, there should be a link to contact the administrator. I would use that to tip them off.
Doesn't mean they'll do anything about it though. Who knows ? Maybe they asked MS for permission and got it. I mean, it's not like Windows desktop backgrounds are secret, hmm ? This could almost fall into the fair use domain. Besides, if the worst happens, they could always argue that it serves as a free advertisement.
Crazier things have happened.
Pascal.
Here's my take...
If the banner/background looks like the Microsoft copyrighted logo, then you need to make someone aware of the fact they could be open for a copyright infringement suit.
If the banner/background is "GENERIC" enough that it does not cause you to think Microsoft, then I would say its OK.
Even GOOGLE allows you to search for backgrounds, and if the background can be saved, then I do not think it can be considered private.
I'll even bet if you look in your temporary internet folder, the website downloaded a copy of the background to your desktop. Most websites do.
You could go to the Micsrosoft website where the banner/background is and see if you can save a copy of it. If Microsoft does not want anyone to use it, they would not allow you to copy it.
If the banner/background looks like the Microsoft copyrighted logo, then you need to make someone aware of the fact they could be open for a copyright infringement suit.
If the banner/background is "GENERIC" enough that it does not cause you to think Microsoft, then I would say its OK.
Even GOOGLE allows you to search for backgrounds, and if the background can be saved, then I do not think it can be considered private.
I'll even bet if you look in your temporary internet folder, the website downloaded a copy of the background to your desktop. Most websites do.
You could go to the Micsrosoft website where the banner/background is and see if you can save a copy of it. If Microsoft does not want anyone to use it, they would not allow you to copy it.
Stella740pl
Programmer
You could go to the Micsrosoft website where the banner/background is and see if you can save a copy of it. If Microsoft does not want anyone to use it, they would not allow you to copy it.
Don't think so. You can easily save their logo, and you have Windows logo on your machine, which doesn't mean at all that you can use it like that on your website, booklets, or other materials.
"Bliss" image, on the other hand, doesn't carry Microsoft logo, it's just a landscape photo. So it's possible that they use it legally, though if you are concerned, you can let them know, just in case.
I'm with Pascal on this one.
Don't think so. You can easily save their logo, and you have Windows logo on your machine, which doesn't mean at all that you can use it like that on your website, booklets, or other materials.
"Bliss" image, on the other hand, doesn't carry Microsoft logo, it's just a landscape photo. So it's possible that they use it legally, though if you are concerned, you can let them know, just in case.
I'm with Pascal on this one.
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- #5
SQLSister
Banners/Backgrounds are rarely copyrighted. There are websites galore that offer free Banners / Backgrounds - you think every one they offer for free was created by them???
The Internet was designed to be an open, free environment. The last thing we need is lawyers becoming part of the Internet.
You read up on copyright laws - I'll enjoy the freedom of the Internet.
Banners/Backgrounds are rarely copyrighted. There are websites galore that offer free Banners / Backgrounds - you think every one they offer for free was created by them???
The Internet was designed to be an open, free environment. The last thing we need is lawyers becoming part of the Internet.
You read up on copyright laws - I'll enjoy the freedom of the Internet.
There is so much wrong with this quote, it's difficult to know where to start.rasanders said:
First, at the bottom of many web sites, there's something like this: "Copyright © 1998-2004". You should pay more attention to what that means.
As to the Net being created to be open and free, you are reading a lot more than there is in that statement. Internet is full of copyrighted material. You can freely browse it though.
Don't forget to TT from jail
![[upsidedown]](/data/assets/smilies/upsidedown.gif "[upsidedown] [upsidedown]")
lionelhill
Technical User
Lots of people are kind enough to put information on the web for others' personal benefit. They have every right to declare a copyright and claim intellectual rights to what they've written: you are welcome to read and enjoy, but not to copy it and pass it off as your own possession.
If you deny the author his/her right to copyright, the chances are he simply won't put anything he's written on the web any more.
Public libraries are (often) free, but that doesn't mean you can borrow music from them and copy it for you and all your friends.
If you deny the author his/her right to copyright, the chances are he simply won't put anything he's written on the web any more.
Public libraries are (often) free, but that doesn't mean you can borrow music from them and copy it for you and all your friends.
mrdenny
Programmer
- May 27, 2002
- 11,595
Looking at the good old trusty EULA (man I must like you folks, since I actually read the thing for you).
Denny
--Anything is possible. All it takes is a little research. (Me)
![[noevil]](/data/assets/smilies/noevil.gif "[noevil] [noevil]")
The way that I'm reading this is that you can't use any part of Windows which would include the default backgroup images on any machine other than the one that your license includes. Now if that backgroup image pointed to the local copy of the Bliss image on everyone's machine then you could probable get around the issue, as you aren't redistributing the copywrited file. You are simply having people use there licensed copy.EULA said:
Denny
--Anything is possible. All it takes is a little research. (Me)
- Thread starter
- #10
Ok, so from this link, what does everyone think about using the wallpaper?
Personally, I feel it falls under the 'Photos' category and thus you must request permission to use it. To me it'd be easier to create my own image than go through the process to submit a request.
Personally, I feel it falls under the 'Photos' category and thus you must request permission to use it. To me it'd be easier to create my own image than go through the process to submit a request.
Just a word about EULAs :
As far as I know, the validity of a binding contract that is only read after the purchase is a notion that has not yet been upheld by any court anywhere.
I personally find that if EULAs were indeed legally binding, I should have the right it and sign it BEFORE I fork out the money to buy the product.
As it is, I totally disregard anything in the EULA. As far as I am concerned, the only contract that is valid is my right to use the software I buy as I see fit. If there are any restrictions, they should be presented to me before I can buy it.
And, for the record, I acknowledge the fact that I can only install a copy of Windows on a single machine because it says so on the packaging - so it is a condition I am alerted to before I buy the product. The fact that it is repeated in the EULA does not make the EULA valid.
Pascal.
As far as I know, the validity of a binding contract that is only read after the purchase is a notion that has not yet been upheld by any court anywhere.
I personally find that if EULAs were indeed legally binding, I should have the right it and sign it BEFORE I fork out the money to buy the product.
As it is, I totally disregard anything in the EULA. As far as I am concerned, the only contract that is valid is my right to use the software I buy as I see fit. If there are any restrictions, they should be presented to me before I can buy it.
And, for the record, I acknowledge the fact that I can only install a copy of Windows on a single machine because it says so on the packaging - so it is a condition I am alerted to before I buy the product. The fact that it is repeated in the EULA does not make the EULA valid.
Pascal.
Chance1234
IS-IT--Management
Just to throw two pence in, I used to run a club night and the logo for the club night was the following
Whilst watching TV about 4 months ago, on one of the digital channels which no one watched. I was amazed to see on a ident a black background , with a lighting flare and some writing in a wavy union jack feel, cant remember what the writing was but it was something like "The Eighties" or "80's UK".
Wasn;t really interesting in chasing it up, but mentioned it to a legal begal who is doing some rights stuff for one of my films. And he said though the Ident and my logo are very similiar , that's where it ends. If it was exactly the same font positioning used on both then it would be a rip off. but as the designer had used just the "concept" part of it , there wouldnt be much that could be done.
Chance,
Filmmaker, gentlemen and My First Short
Whilst watching TV about 4 months ago, on one of the digital channels which no one watched. I was amazed to see on a ident a black background , with a lighting flare and some writing in a wavy union jack feel, cant remember what the writing was but it was something like "The Eighties" or "80's UK".
Wasn;t really interesting in chasing it up, but mentioned it to a legal begal who is doing some rights stuff for one of my films. And he said though the Ident and my logo are very similiar , that's where it ends. If it was exactly the same font positioning used on both then it would be a rip off. but as the designer had used just the "concept" part of it , there wouldnt be much that could be done.
Chance,
Filmmaker, gentlemen and My First Short
Chance1234
IS-IT--Management
Darn it didnt realise the image was in bits, you can see the full logo here
Chance,
Filmmaker, gentlemen and My First Short
Chance,
Filmmaker, gentlemen and My First Short
mrdenny
Programmer
- May 27, 2002
- 11,595
The EULA isn't something that can just be ignored. Even if you were correct, Microsoft would cost you every penny that you had in legal fees before you would ever find out.
would seam to show that EULAs are legaly binding.
Now this will obvsouly vary from country to country, and I beleive that the EULAs vary from country to country. But here in the US (and most other countries probably) the EULA is enforceable.
Denny
--Anything is possible. All it takes is a little research. (Me)
would seam to show that EULAs are legaly binding.
CourtRuling said:
Now this will obvsouly vary from country to country, and I beleive that the EULAs vary from country to country. But here in the US (and most other countries probably) the EULA is enforceable.
Denny
--Anything is possible. All it takes is a little research. (Me)
And, to pmonett, you typically can read a EULA before purchasing a product. You just have to ask. The ones that I've read through also state that if you don't agree with the terms, you can return the product for a refund. I think this is generally (and properly) considered to be a sufficient remedy.
EULAs are enforceable in America. Good for Microsoft. I don't live in America. Anyway, I note that it is not a done deal. There is at least one judge who noted this :
"Shrinkwrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general (for example, if they violate a rule of positive law, or if they are un- conscionable)."
Of course, I do trust that few EULAs actually contain objectionable clauses, given the number of lawyers that are available for consulting on the subject.
As for reading the EULA before buying, let me laugh. I've never seen a shop willing to undo the shrinkwrap without getting a sale. And if you're hinting that shops should have hardcopies available for reading, well, that strikes me as not obvious. Just for kicks, next time I want to buy a game, I'll ask if I can read the license before.
Pascal.
"Shrinkwrap licenses are enforceable unless their terms are objectionable on grounds applicable to contracts in general (for example, if they violate a rule of positive law, or if they are un- conscionable)."
Of course, I do trust that few EULAs actually contain objectionable clauses, given the number of lawyers that are available for consulting on the subject.
As for reading the EULA before buying, let me laugh. I've never seen a shop willing to undo the shrinkwrap without getting a sale. And if you're hinting that shops should have hardcopies available for reading, well, that strikes me as not obvious. Just for kicks, next time I want to buy a game, I'll ask if I can read the license before.
Pascal.
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