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[steering-discuss] Re: screen-shots Documentation Team


Le 08/07/11 12:01, David Nelson a écrit :

David,

How much clearer can this page be :

http://www.microsoft.com/about/legal/en/us/IntellectualProperty/Permissions/Default.aspx

"You may only copy, modify, distribute, display, license, or sell the
content if you are granted explicit permission within the End-User
License Agreement (EULA) or License Terms that accompany the content or
are provided in the following guidelines. __For more information,
consult your copyright attorney.__"


"Fonts
Use the free Font properties extension to determine who owns a font that
Microsoft distributes. A number of Microsoft fonts may be licensed from
Ascender Corporation. These include Verdana, Georgia, Comic Sans MS,
Microsoft Sans Serif, Nina, Tahoma, Wingdings, Webdings, and Trebuchet
MS. For more information regarding fonts, and for links to font vendors,
visit the Microsoft Typography Web site."

"Microsoft Icons
Microsoft product icons are the thumbnail-sized images indicating that a
Microsoft product has been installed on your operating system. Icons may
not be used in advertising, in books and other printed matter, on
clothing or other promotional items, in online and Internet locations,
in software applications, in television programs, in commercials, in
movies, or on videotape.

You may use Microsoft product icons in training manuals or documentation
about a Microsoft product. The use of the icon must be specific to the
function of the icon within the Microsoft software. The icon may not be
used as a graphical or design element. Icons cannot be modified or
altered and must appear as they would within the Microsoft software.

Microsoft makes certain icons available to developers. (Find more
information about how to buy Microsoft developer products.) If you have
licensed a Microsoft development tool, review the redistributable
section of the EULA to learn which Microsoft properties may be
redistributed by licensees."

"Screen Shots
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. You may use
other screen shots in advertising, in documentation (including
educational brochures), in tutorial books, in videotapes, or on Web
sites, provided that, in addition to the requirements above, you:

    Do not alter the screen shot except to resize it.

    Do not use portions of screen shots.

    Do not include screen shots in your product user interface.

    Do not use screen shots that contain third-party content.

    Do not use screen shots that contain an image of an identifiable
individual."


This paragraph is dependent on the preceding limitations of use and
authorisations, or a form of exception if you prefer. As an exception to
the general rule, it is always construed narrowly, and indeed this
paragraph specifically mentions "__in addition__ to the requirements above".


I make part of my living out of representing IP rights holders in legal
actions against those who do not respect those rights, but also
defending those who happen to be on receiving end when the boot is on
the other foot. Fortunately, I represent none of the parties here,
neither TDF, Microsoft, Apple or any of the Linux distribs so I would
like to believe I am fairly independent. For me, Microsoft have pretty
much summed it up in their last sentence of the first paragraph I posted
: "For more information, consult your copyright attorney."


It is a no-brainer : either ask in MS writing, consult an attorney for
each territory of interest (expensive no doubt, and possibly
unsatisfactory, with fairly heterogeneous answers), or just plain don't
use MS's stuff.



Alex


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