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Q:Can I use free Wallpaper from the prestigious Web-site to create my Bootskin, - ???

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borsovborsov
mickeko
Join Date 09/2008
+126
Reply #26 September 15, 2009 10:50:12 AM
from WinCustomize ForumsWinCustomize Forums

Quoting borsovborsov,
reply 19

I will explain:

 The original image has a size of not less than: 1024х768х24bit= 2.25MB(in format Bmp),

 The same image in Bootskin XP already has the size: 640х480х4bit =150KB (in format Bmp)

 Conclusions:

Ie the secondary image uses less than 5% of the original data, that under international law be permitted without the requirement of copyright

 

I wouldn't think that applies. Otherwise I'd be allowed to reproduce any huge copyrighted poster on post cards even if it's way less than 5% of the size of the original poster. I'm quite sure I'd get hung in court (even in sweden) for doing that.

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borsovborsov
jimehc1
Join Date 08/2009
0
Reply #27 September 15, 2009 12:58:02 PM
from WinCustomize ForumsWinCustomize Forums

Quoting Lantec,
reply 25

This is a public forum


No.......it's not. Read the last 3 lines at the bottom of the page.

 
How one can say that 3 plus millions users is not public forum - we are not employees talking about work here..

Quoting Jafo,
reply 24

In my opinion, any image you freely upload to the web is fair game the day it was posted to the web.. Because at that point it became freely available to any and all users..


More correctly, any image uploaded to the net will prove to be difficult to protect [copyright].

Fair-use 'clauses' of US Copyright Law allows 'some' duplication [partial] without consent.

As far as what will and will not be acceptable/approved here is solely the determination of the site owners/administrators 

This is in fact a public forum with all rights reserved by the owner "Stardock" What will and will not be approved is determined by the site mods - period, end of story.. As there are many copyrighted images here..

The orginail question was "Q:Can I use free Wallpaper from the prestigious Web-site to create my Bootskin" the answer is YES

Not a lesson on copyright laws or site mod powers.. And to take things one farther anything I do, say, create, upload becomes the content of the website owner, thus forgoing any copyright.. the same with any other website..

Now if someone was to use that download (free for personal use) image and use it for the business logo or something - then that is a differant story..

But once again Stardock does not approve based on copyright - that is an excuse.. What is approved is determined by the mods.. As free use is just that - free use..

But Stardock has the right to reproduce any content provide or uploaded here - for commiracial purposes (to sell) and any image that is copyrighted could cause a legal issue for stardock..

A simple agknowledgement of the source should sarfice as permission for "free content" as microsoft, dell, amd, firefox all use images to promote or advertise their products..  As a matter of fact search Dell Wallpaper and you will find dell support referring you to a website that has nothing to do with Dell - although not allowed here!!

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borsovborsov
Fuzzy Logic
Join Date 05/2002
+493
Reply #28 September 15, 2009 2:36:36 PM
from WinCustomize ForumsWinCustomize Forums

How one can say that 3 plus millions users is not public forum - we are not employees talking about work here..

Wrong. This is a private forum owned by Stardock. You have no rights here other than those granted you by the owner.

The orginail question was "Q:Can I use free Wallpaper from the prestigious Web-site to create my Bootskin" the answer is YES

Wrong: The answer is NO. You cannot use copyrighted images without permission of the copyright holder.

Not a lesson on copyright laws or site mod powers.. And to take things one farther anything I do, say, create, upload becomes the content of the website owner, thus forgoing any copyright.. the same with any other website..

Wrong: Copyright is always retained by the original copyright holder. Just because it is diplayed on a website does not give the right of copyright to the website. The uploader gives consent for the image to be displayed during upload, but always retains the copyright and thus the distribution of the image. The copyright holder can withdraw that consent at any time and have the image removed.

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borsovborsov
jimehc1
Join Date 08/2009
0
Reply #29 September 15, 2009 3:08:49 PM
from WinCustomize ForumsWinCustomize Forums

I give up you win - any image uploaded to the net will prove to be difficult to protect [copyright].

There are a lot of images uploaded to this website that have a copyright - but the copy holder has not asked that they be removed..

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borsovborsov
Snowman
Join Date 03/2001
+343
Reply #30 September 15, 2009 3:17:36 PM
from WinCustomize ForumsWinCustomize Forums

Quoting jimehc,
reply 29
copyright - free for personal use

Correct, but I do believe the OP wants to upload the Bootskins (at least that's what's he's done with several others), and in such case he must have permission - no what if's or but's - no permission = no uploading.

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borsovborsov
jimehc1
Join Date 08/2009
0
Reply #31 September 15, 2009 3:31:16 PM
from WinCustomize ForumsWinCustomize Forums

So just because it is on ewallpaper, how do you know he is not the owner?? You are saying you know every image owner or who's image it is??

Qoute

Liability - we are not liable for the contents of the site. We will do our best to keep the site's integrity intact but ultimately when you upload something, the responsibility is on you that you're uploading materials you own.

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borsovborsov
Snowman
Join Date 03/2001
+343
Reply #32 September 15, 2009 3:39:15 PM
from WinCustomize ForumsWinCustomize Forums

Quoting jimehc,
reply 31
So just because it is on ewallpaper, how do you know he is not the owner?? You are saying you know every image owner or who's image it is??

No, offcourse we don't. No one does, but when an image can be found on several other sites/fora (of various topics etc etc), then we, by previous experiences, assume that the used image is not an image, originally created by the uploader - and if we are in doubt, the uploader will be allowed to somehow prove that, he/she is the original artist.

Better than allowing a rip to pass through moderation.

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borsovborsov
Jafo
Join Date 03/2001
+1845 sdemployee
Reply #33 September 15, 2009 5:32:55 PM
from WinCustomize ForumsWinCustomize Forums

Many of this site's Admins/mods have been around 'a while' and it's interesting just how many submissions we actually immediately recognise as NOT the property of the uploader...and reject them outright.

There are tools available to us which assist this....and ultimately there are the genuine/original owners themselves who will often contact us if something 'slips through' that should not.

Funniest instance was the guy who submitted a Windowblind some years ago....that actually belonged to treetog ....and guess who the moderator was who was checking it? ....

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borsovborsov
Jafo
Join Date 03/2001
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Reply #34 September 15, 2009 5:35:22 PM
from WinCustomize ForumsWinCustomize Forums

BTW....the info contained in #28 by Fuzzy is 100% correct....

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borsovborsov
jimehc1
Join Date 08/2009
0
Reply #35 September 15, 2009 7:02:30 PM
from WinCustomize ForumsWinCustomize Forums

Good topic and great discussion on the matter of copyright and downloaded images..

Since the user is responsible for the images they use - the risk of copyright - is also the users

In fact, Most uploaders are just looking to share what they have found with other users, not take credit for somebody elses artwork

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borsovborsov
CarGuy1
Join Date 03/2007
+548
Reply #36 September 15, 2009 7:17:10 PM
from WinCustomize ForumsWinCustomize Forums

In fact, Most uploaders are just looking to share what they have found with other users, not take credit for somebody elses artwork

But to upload someones work without proper permission is the same as stealing. Nothing pisses me off more than to see my work at a site that I did not post it to. I post my work to a chosen few sites to share as I like. Doing so gives me a certain amout of control over them.

If users want to do as you say, the right thing to do is refer the link...not post the work elsewhere.

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borsovborsov
boss0190
Join Date 09/2005
+58
Reply #37 September 15, 2009 9:21:18 PM
from WinCustomize ForumsWinCustomize Forums

But to upload someones work without proper permission is the same as stealing. Nothing pisses me off more than to see my work at a site that I did not post it to. I post my work to a chosen few sites to share as I like. Doing so gives me a certain amout of control over them.

Exactly. I see lots of people at DeviantArt posting walls to "share" because they like them. If the creator of the wall wanted it posted there, they would have done it. No permission=rip.

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borsovborsov
borsovborsov
Join Date 07/2009
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Reply #38 September 16, 2009 7:59:34 AM
from WinCustomize ForumsWinCustomize Forums

I wouldn't think that applies. Otherwise I'd be allowed to reproduce any huge copyrighted poster on post cards even if it's way less than 5% of the size of the original poster. I'm quite sure I'd get hung in court (even in sweden) for doing that.

The analogy of the transfer of the poster in a card, irrelevant, because the resolution on the card can still be high, in Bootskin-conversion technology completely loses 80% of the original Spectrum, and 99% of the amount of physical information ,  he inverse problem is, just like a mouse transformed into an elephant.

And then, this is not the emblem and logo, they have a specific legal regulation.

 

 The question is, the image is already spreading wincustomize.com:  https://www.wincustomize.com/skins, exactly the same image, but not through a screenshot, and using Bootskin http://s39.radikal.ru/i085/0909/48/05048a527ca7.jpg)-This spread wincustomize does not permit me.

'''''''''

And if there is a concept: - Not found authorship? It may also eventually Web-site to allow the existence of load (up to a claim of direct RIGHTS OWNER?

------

And then, I still maintain that bootskin XP, contains no more information than the Avatar, which is 80% of users take and reduce the author's picture...

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borsovborsov
Lantec
Join Date 07/2003
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Reply #39 September 16, 2009 8:09:14 AM
from WinCustomize ForumsWinCustomize Forums

Correct, but I do believe the OP wants to upload the Bootskins (at least that's what's he's done with several others), and in such case he must have permission - no what if's or but's - no permission = no uploading.

Final answer.

 

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borsovborsov
Bichur
Join Date 10/2003
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Reply #40 September 16, 2009 8:16:58 AM
from WinCustomize ForumsWinCustomize Forums

The question is, the image is already spreading wincustomize.com: https://www.wincustomize.com/skins, exactly the same image, but not through a screenshot,

 

that is a screenshot - it's even in the 'screenshot gallery'

 

 

Correct, but I do believe the OP wants to upload the Bootskins (at least that's what's he's done with several others), and in such case he must have permission - no what if's or but's - no permission = no uploading.

 

Final answer.

 

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borsovborsov
borsovborsov
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Reply #41 September 16, 2009 8:39:25 AM
from WinCustomize ForumsWinCustomize Forums

that is a screenshot - it's even in the 'screenshot gallery'

 Bichur  -  Well, I went to the Ghetto "BootSkins XP"

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borsovborsov
Bichur
Join Date 10/2003
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Reply #42 September 16, 2009 9:58:49 AM
from WinCustomize ForumsWinCustomize Forums

slapping together a bootskin is nothing

 

an artist will rework it and clean up nice after it's 4bit

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borsovborsov
borsovborsov
Join Date 07/2009
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Reply #43 September 17, 2009 4:10:07 PM
from WinCustomize ForumsWinCustomize Forums

slapping together a bootskin is nothing

On the "hastily" made Bootskin lasted three weeks, and two days on the movement of the dollar wave

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borsovborsov
borsovborsov
Join Date 07/2009
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Reply #44 September 18, 2009 3:13:18 AM
from WinCustomize ForumsWinCustomize Forums

 Interested purely personally,> Question: How often were the authors claim (to the site www.wincustomize) on the use of free Wallpaper from the prestigious Web-site to create Bootskin? Please give an example ... And the date of the last case,  ... - ( it is, I stress, about Free Wallpapers

================

  And - what they think the Chairman to establish a library (on web-site - www.wincustomize) Wallpapers free use for beginners ...?

 (*This would have removed the many copyright infringement ....

===============

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borsovborsov
Snowman
Join Date 03/2001
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Reply #45 September 18, 2009 4:53:48 AM
from WinCustomize ForumsWinCustomize Forums

borsovborsov - you're beating a dead horse.
It has been made perfectly clear what the rules are, so please stop it.
The term "free wallpapers" will in 99.99% of the cases mean free for PERSONAL USE.

We don't have to bend over backwards explaining the copyright laws, in every minute detail to every Joe-Bob popping up, claiming to have been misstreated.

It has happend that items have been removed from our libraries per request from copyrightholders.
Who they are, is a matter between us (the moderators/admins), the copyrightholders and the involved artists
If we, in the future, are approached by someone/anyone claiming to hold the copyright to items in any of our libraries, and these are not used with proper permission, these items will be removed.

I'll say it one last time: If anyone wants to use something created by anyone else, for their own work, permission from the original artist IS a requirement.

We play by the rules - I suggest you do the same.

End of story

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borsovborsov
borsovborsov
Join Date 07/2009
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Reply #46 September 18, 2009 6:11:13 AM
from WinCustomize ForumsWinCustomize Forums

Mr Snowman - you got my private message sent yesterday?

=================

PS, Library: -Why not put the text of the letter of the agreementon (behalf of the Author) in  each archive Wallpapers, -almost exactly repeats the contents of the text similar statements distributors of free software, -I think it would be very correct in law and not complicate wincustomize..

-  People, who want to provide their Wallpapers for review and use an audience of three million, - I think will be sufficient .

This influx of new audience of potential customers !

--==================

 You have not answered the first question - (I did not annoy you a new message, I repeat, here>>  You got my private message sent yesterday?

 

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borsovborsov
Snowman
Join Date 03/2001
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Reply #47 September 18, 2009 7:43:03 AM
from WinCustomize ForumsWinCustomize Forums

Quoting borsovborsov,
reply 46

PS, Library: -Why not put the text of the letter of the agreementon (behalf of the Author) in  each archive Wallpapers, -almost exactly repeats the contents of the text similar statements distributors of free software

In short: No.

We have our guidelines.

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borsovborsov
Jafo
Join Date 03/2001
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Reply #48 September 18, 2009 9:13:10 AM
from WinCustomize ForumsWinCustomize Forums

Wherever you find a 'free' wallpaper....search carefully CAREFULLY through that site for mention of TERMS OF USE, or 'Copyright' and you will almost ALWAYS find that the site's content is for PERSONAL USE.

'Personal Use' does NOT include re-use in whatever form and then re-uploading to another site [or the same site even] as THAT constitutes 'redistribution' or "PUBLIC USE".

WHEN that is the case [the wall is for personal use] if you want to redistribute it IN ANY WAY you will need to locate and contact the wall OWNER and seek/obtain permission FROM HIM for its use.

That is the discussion in total....

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borsovborsov
borsovborsov
Join Date 07/2009
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Reply #49 September 18, 2009 9:40:47 AM
from WinCustomize ForumsWinCustomize Forums

Jafo, Snowman  -- Thanks, everyone - I think the discussion move to another topic (advise, by the way in which topic is more convenient ... 
Subject: ." Proposal: Creation of the library (gallery) images provided by the author of the Image permissions constitutes 'redistribution' or "PUBLIC USE" (Encourage, by the way in which the themes that make it more convenient ... 
Subject: Proposals to create a library of images in the hat is a "redistribution" or "public use" .- 
Arguments for and against: ..."

* Notes: Permit standard sample included in the archive of images taken by the author

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borsovborsov
Snowman
Join Date 03/2001
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Reply #50 September 18, 2009 9:53:16 AM
from WinCustomize ForumsWinCustomize Forums

We're years ahead of you. We already have such a library - [LINK]

Only requirement is the that all uploads are 100% originally created by the uploader.

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