Microsoft Orders DMCA Takedown for Windows 8 Screenshots

Google began publishing all dmca notices sent to them a while back specifically to make people aware just how much they are abused. Also that there's no real incentive to comply with them since lawyers still sue places that comply with them anyway.

Iirc 1/3 of all notices issued were false (i.e. wrong) and of the remaining 65% more than half deliberately target the competition i.e. less than 1/3 of googles received dmca notices are legitimate. Or in somple terms - once you remove the portion of (wrong) computer generated take-down requests, just over 60% of those notices are companies abusing the system to deliberately dame the competition. Mostly google.

Almost all of the MS notices sent to google can be found on bing. Rather conveniently a revenue source for ms being integrated into everything they sell.
 
asim18 said:
Yes, fair use is possible in this situation, but fair use dictates some limitations; one of which is reduction of resolution. The screenshots were of full resolution, so any fair use claim goes straight out of the window.
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Nope. That's not applicable here and it isn't a set limitation of the doctrine in any case.
 
Ebpven with those rights Asim, I can't see the point, there's loads of negative pages with screenshots. If it is purely for that reason then it's a bit douchbaggy. Unless that site has really peed them off. But even then this will off massively increased that sites hit rates.

zpos said:
The more I look into windows 8 the more I see Microsoft turning into Apple.
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Not entirely, they are turning into the modern market.

Somewhere between apple and android. Less lock down than apple, more lock down tahn android. Which insures apps work, security is maintained etc. without being overbearing in pursuit of money. Things like ad cards, why can't apple have them, pure money IMO. But also with the added bonus of full desktop support and legacy making it such powerful Os compared to either. And for causal users you don't need to see desktop. For power users nothing really changes. It's just the start menu looks different.
IMO they have no choice to go this way. They have been slaughtered in the mobile world, the desktop world is declining and even with that alternative desktop solutions are increasing as it makes sense to stay within one Eco system.
 
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AbsenceJam said:
Nope. That's not applicable here and it isn't a set limitation of the doctrine in any case.
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Ok fair enough.

But it is Microsoft's intellectual property and they can reserve their rights however they please.

Microsoft said:
You may not use screen shots of Microsoft product boot-up screens, opening screens, "splash screens," or screens from beta release products or other products that have not been commercially released.

Source: http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/Permissions/Default.aspx#ERG
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Microsoft said:
You may not use screen shots of Microsoft product boot-up screens, opening screens, "splash screens," or screens from beta release products or other products that have not been commercially released.
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Windows 8 is on MSDN/TechNet, those are public commercial services. Anyone with enough cash can subscribe.
 
Nope. It is meant for anyone with a high budget. It's expensive but anyone can roll in.

Developers, students, IT enthusiasts, press, businesses, small manufacturers, end-users. Anyone can get access if he has $$$$.

So I'd say it has been released commercially.

MSFT can write whatever they want on their site. Journalists have rights and taking photos of computer products is one of them

Thanks for the MS link.
 
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Regeneration said:
Nope. It is meant for anyone with a high budget. It's expensive but anyone can roll in.

Developers, students, IT enthusiasts, press, businesses, small manufacturers, end-users. Anyone can get access if he has $$$$.
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Nooooo :p

I meant isn't RTM meant for manufacturers only, as in it's not commercial.

I know anyone can buy a MSDN/TN sub.

Edit: scratch that... it's commercial, wiki says so. :p
 
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Regeneration said:
A few days ago, NGOHQ.com published a screenshots gallery of Microsoft Windows 8 RTM. But apparently posting screenshots of Microsoft's software is considered a copyright infringement... or at least that's what Microsoft claimed recently. :mad:
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Oh dear screenshots bad!

Rush's off to download the latest win 8 rtm torrent! :rolleyes:
 
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