66 replies to this topic 3 votes

[Detection]

vcfan, on 04 November 2012 - 19:04, said:

_{link reported to Microsoft for Intellectual Property infringement.}

lol wut ?

[+Brando212]

vcfan, on 04 November 2012 - 19:04, said:

_{link reported to Microsoft for Intellectual Property infringement.}

not sure if serious or just trolling 0_o

[+Seahorsepip]

DavidM, on 04 November 2012 - 17:29, said:

From his DeviantART page - If any of those deviants or some other deviant asks you for a copy of your paid version you should directly inform me about it and report him to deviantart!
I have a zero tolerance policy to piracy and I'll take every pirated link down with a DMCA claim if I have to.
If you want it for free download the FREE version above.

I'm sorry, but that's so funny, did Microsoft give you permission to distribute their copyrighted works? You are distributing shellstyle.dll owned and copyrighted by Microsoft. It's listed on the properties -> details tab -> Copyright Microsoft Corporation. All Rights Reserved. You are also distributing shellstyle.dll.mui, probably owned my Microsoft as well, but I don't know about that one. I'm also pretty sure if I cracked opened the theme file itself I'd find tiny bit of Microsoft copyrighted code or a bitmap or something, but I don't care enough to actually do it.

Look, I don't care if you sell the whole OS and claim it as your own, but to get all high and mighty about DMCA bull****, while doing the same yourself is a bit laughable. You start reporting people for DMCA, and you'll probably get one yourself. You know something about glass houses and stones and something or another.

Nice theme btw, using the free version right now... maybe I'll pirate the paid version later.... ha ha just joking. or am I?

When you buy my theme you buy the images not the existing files, those still cling to the original microsoft windows license agreement.

vcfan, on 04 November 2012 - 19:04, said:

_{link reported to Microsoft for Intellectual Property infringement.}

Below license doesn't break any laws or intellectual properties...

The license of my theme:

Quote

The Microsoft Corporation licenses still applies to the files except the custom(not original) image resources.
When the seller agrees to this license he also agrees to the Microsoft Corporation licenses.

The Following Agreement is only applicable to the custom(not original) image resources of the files:

The member of deviantART who made files available on the Premium Content Platform (the "Platform") is the "Seller" and the member of deviantART who obtains a download of the files through the Platform is the "Buyer." The file or files made available by the Seller for download and the various elements of the content in those files are referred to as the "Content." The act of obtaining the file(s) from the Platform is referred to as the "Download."
The Content is the original work of the Seller and/or Seller has all rights necessary to license the Content to Buyer as indicated in this Agreement. No other person or company has any right to control the Content.
Seller grants to Buyer a non-exclusive and perpetual license to use the Content as follows:
If the Content is a image or set of images, the right to use the image(s) for personal, non-commercial uses such as a public or private display in which no fee is charged for viewing the image(s) in particular; reproduction in copies for personal use; personal stationary; use on a personal website or as part of a personal website or gaming account; and, any other use of the image(s) by the Buyer for which no payment is made for use or transfer of the image(s) themselves. Buyer may incorporate the image(s) into a new work and alter the image(s) for those purposes provided the resulting work is used non-commercially by the Buyer such as for display in a Buyer's deviantART account.
If the Content is a tutorial, comic book, finished book, example of technique (such as a PSD file with multiple layers to show development of an image), dAmuro redraw file, or any other file or set of files representing an integrated publication, the right to personally use the results and proceeds of the information contained in the files but not the right to reproduce the Content on the files directly;
If the Content is a tool, an application, a piece of software, a brush, a texture, a wire frame, a template, a vector file or a similar functional or applied item for use in the making or production of other content, the personal right for the Buyer use the Content in the production of any work intended for any form of distribution including a commercial distribution or sale;
If the Content is of a type for use in the personal customization of a webpage or website (such as an avatar, skins, themes and backgrounds), the right to use the content on any number of webpages personal to the Buyer or as a personal identifier for the Buyer on the Web or within a online environment such as a game or X-box Live;
If the Content is of a type for use in the customization of a personal electronic device (such as "wallpaper," screensavers, skins, sound effects, visual themes, avatars), the right to use the content on any number personal devices belonging to the Buyer.
Except for the Content described in paragraph 3C, above, Buyer may not use Content to promote any product or commercial endeavor.
Seller retains and reserves all other rights to the Content under copyright, trademark or other intellectual or commercial laws and the Buyer acknowledges that Seller is the owner of the Content. Seller warrants and represents to the Buyer that Seller is the true owner of the Content and that there will be no interference by any third party making any other claim of ownership or control of the Content.
Buyer may not sub-license or assign any rights acquired under this Agreement except as specified in paragraph 3, above.
Buyer may never resell any file obtained with the Download.
Buyer will provide attribution (that is, credit) to the Seller of the Content if appropriate in the circumstances of the use made by the Buyer but will not be required to provide attribution in any circumstance where it would interfere with the use licensed by the Buyer or where it is not common for such attribution to be given (for example when displaying an avatar or when using a brush).
Seller and Buyer acknowledge that deviantART is not a party to this Agreement. Seller and Buyer agree to resolve all disputes arising out of this Agreement by themselves as fairly and efficiently as possible.
Seller and Buyer agree that by using this Agreement form and by acknowledging its use on the Premium Content Platform at the time of the Download the transaction record for the Download will be the equivalent of their respective electronic signatures.

by the Seller for download and the various elements of the content in those files are referred to as the "Content." The act of obtaining the file(s) from the Platform is referred to as the "Download."
The Content is the original work of the Seller and/or Seller has all rights necessary to license the Content to Buyer as indicated in this Agreement. No other person or company has any right to control the Content.
Seller grants to Buyer a non-exclusive and perpetual license to use the Content as follows:
Non-commercial personal use which means using the files on computer systems owned by the buyer.
Reselling is of the files is prohibited.
Sharing of the files is prohibited.
Uploading of the files to a public(accessable by anyone) server is prohibited.

Doli, on 04 November 2012 - 17:39, said:

Yea something else doesn't seem right also:

Free modifications of the theme to your personal liking!*

*Will be free in most cases, for very advanced modifications there might be a small price, in that case we can negotiate about it

If I don't add that line people would have the right to get a whole different theme made and call it a modification.
I'm willing to make modifications but making a whole different theme is not something I want to do and that's why this line is there

[TheLegendOfMart]

Unless you sell the images and a program that automatically patches the system files you are redistributing copyrighted code without permission, and profiting from it.

I imagine Microsoft would have something to say about it.

[+Seahorsepip]

Audioboxer, on 04 November 2012 - 18:58, said:

Thanks!

Btw in the download you sent me there is no squared version?



I have the dark version though.

I'll add the squared version in the next update also the windows 7 version will be added.

[Thunderbuck]

Seahorsepip, on 13 September 2012 - 19:11, said:

Glow for Windows 8


Free Download/Purchase: http://seahorsepip.d...t.com/#/d5eogzp
Members on neowin that have above 50 posts get it for $3.00, make sure to add your neowin username in the transfer description.

It's beautiful! If I send you $3.00 via PayPal? Will that work?

[+Seahorsepip]

TheLegendOfMart, on 04 November 2012 - 19:45, said:

Unless you sell the images and a program that automatically patches the system files you are redistributing copyrighted code without permission, and profiting from it.

I imagine Microsoft would have something to say about it.

Nope I'm spreading microsoft copyrighted code but only asking money for the custom image resources, the copyrighted code still aplies to the microsoft license and is free to download from microsoft.com.

Thunderbuck, on 04 November 2012 - 19:55, said:

It's beautiful! If I send you $3.00 via PayPal? Will that work?

sure make sure to include your neowin username and/or email you want it to be send to.

[nub]

DavidM, on 04 November 2012 - 17:29, said:

From his DeviantART page - If any of those deviants or some other deviant asks you for a copy of your paid version you should directly inform me about it and report him to deviantart!
I have a zero tolerance policy to piracy and I'll take every pirated link down with a DMCA claim if I have to.
If you want it for free download the FREE version above.

This is like an open invitation to try to pirate it as hard as possible.

[+Seahorsepip]

nub, on 04 November 2012 - 20:12, said:

This is like an open invitation to try to pirate it as hard as possible.

It's no use pirating something with a free version which has for most of it the same.
The paid version only has some extra styles which might be worth pirating (if you like those styles more then the default style) but the extras like modifications of the theme aren't pirateable

[DavidM]

Seahorsepip, on 04 November 2012 - 19:44, said:

When you buy my theme you buy the images not the existing files, those still cling to the original microsoft windows license agreement.

That would probably cover you, but you are packaging your theme in a .theme file and a .msstyles file, both I believe are protected by a Microsoft copyright. You are essentially selling a repacked Microsoft protected file. Your images will also be covered under "prior art", I think, since you are basically just editing existing files to make a new design. I know you are (probably) making them from scratch, but you are using their window metrics and design style as a guide/template, and that would probably be enough for Microsoft to claim it was copyright infringement. I am kinda basing these ASSUMPTIONS on Apple v. Samsung rulings, I am NOT a lawyer and am not trying to bother/scare/bore/mess with you in any way shape or form. I just found you invoking DMCA a little strange and funny, so I offered my two cents.

Seahorsepip, on 04 November 2012 - 19:44, said:

Below license doesn't break any laws or intellectual properties...
The license of my theme:

It still doesn't/won't protect you from a take down notice, just so you know, if DA gets a letter from Microsoft it will get yanked and your account frozen/removed (if they still do that?). I doubt you are making enough money to hire a lawyer to fight the take down notice. Big content (riaa, mpaa) use the same strategy to remove stuff all the time, they simply file the complaint and wait for a fight/reply, then elevate to court to see if anyone is willing to hire a lawyer to keep fighting.

Just so you know, I am NOT for anyone pirating your theme or anything else for that matter. I know it's hard work to make themes look good and work properly, because I attempted it years ago and it was a complete and utter disaster.

I am really using your free version of Glow and it is very nice, keep up the good work.

[nub]

Seahorsepip, on 04 November 2012 - 20:23, said:

It's no use pirating something with a free version which has for most of it the same.
The paid version only has some extra styles which might be worth pirating (if you like those styles more then the default style) but the extras like modifications of the theme aren't pirateable

Its not about the usefulness, its about the attitude.

[Wakers]

This move towards people selling themes makes me very sad. I hope everyone doesn't go along with it.

It's a shame, Seahorsepip made some brilliant themes for Win 7, but I'm never going to pay for a theme.

[+Seahorsepip]

DavidM, on 04 November 2012 - 20:34, said:

That would probably cover you, but you are packaging your theme in a .theme file and a .msstyles file, both I believe are protected by a Microsoft copyright. You are essentially selling a repacked Microsoft protected file. Your images will also be covered under "prior art", I think, since you are basically just editing existing files to make a new design. I know you are (probably) making them from scratch, but you are using their window metrics and design style as a guide/template, and that would probably be enough for Microsoft to claim it was copyright infringement. I am kinda basing these ASSUMPTIONS on Apple v. Samsung rulings, I am NOT a lawyer and am not trying to bother/scare/bore/mess with you in any way shape or form. I just found you invoking DMCA a little strange and funny, so I offered my two cents.



It still doesn't/won't protect you from a take down notice, just so you know, if DA gets a letter from Microsoft it will get yanked and your account frozen/removed (if they still do that?). I doubt you are making enough money to hire a lawyer to fight the take down notice. Big content (riaa, mpaa) use the same strategy to remove stuff all the time, they simply file the complaint and wait for a fight/reply, then elevate to court to see if anyone is willing to hire a lawyer to keep fighting.

Just so you know, I am NOT for anyone pirating your theme or anything else for that matter. I know it's hard work to make themes look good and work properly, because I attempted it years ago and it was a complete and utter disaster.

I am really using your free version of Glow and it is very nice, keep up the good work.

Any form of design is sueable these days everything has been patented...
But MS won't be doing that simply because that would be very bad publicity.

Also there is a lot of software also containing those files like vistastylebuilder, did this software ever get sued? Nope MS isn't apple.

My works and any other software etc for windows 8 is free publicity for MS and would be plain stupid to sue.

And deviantart doesn't just takes down someones work from my experience.

[Eddie7]

vcfan, on 04 November 2012 - 19:04, said:

_{link reported to Microsoft for Intellectual Property infringement.}

Lol, whatever floats your boat buddy.

[+Yorak]

vcfan, on 04 November 2012 - 19:04, said:

_{link reported to Microsoft for Intellectual Property infringement.}

And this is exactly why you are still a virgin.

For the people complaining about him charging a measly few dollars for his theme, get over it. Use it or don't use it. This guy has always made amazing stuff. If I go back to Windows 8, I will be sure to pick up this theme and will be glad to pay for his great work.