I was looking at the Windows 8 App Store this evening and found three apps by "MalaApp" which were all the books of the Hunger Games series, all the books of the Twilight series, and all the LOTR, Hobbit.
The apps are ebooks of the works, with no copyright information, and I know that they are all currently under copyright. One has a link to www.lu08.com, which is a Chinese ebook sharing site.
I reported these apps using the report feature in the app listing. Shortly after I got 3 emails from Microsoft Customer Support with the subject "Legal submission"
Thank you for your submission to the Windows Store. This appears to be a concern related to Copyright, Trademarks, or Rights of Publicity.
In order to review and respond to your concern, Microsoft needs more information. You must complete and submit the form located here.
The link goes to a "Reporting Infringement" form that ends with * Required Statements
Good Faith Belief:
By typing my name (electronic signature), I have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law (e.g., it is not fair use).
Authority to Act:
I represent that the information in the notification is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
As applicable under 17 U.S.C. 512(f), I acknowledge that I may be subject to liability for damages if I knowingly materially misrepresent that material or activity is infringing.
I understand the information I provide on this form may be shared with third parties, including the developer of the application about which I am filing this complaint.
Microsoft is committed to your privacy. Review our privacy statement.
No way I'm filling this out. I was just trying to help, I'm not going to make myself liable, when all I was trying to do was report what appears to be copyright infringement. Also, I lack the 'authority to act', I am an Windows 8 user who saw what appears to be 3 Apps that I was surprised survived the Apps Store review process.
I had read that Tolkien, the author of LOTR, had warned his US readers that the early US editions of his books were unauthorized, whenever he responded to their letters. His informal contacts did help eliminate unauthorized editions, but he was acting on his own behalf. Your experience teaches us all, that we should simply mention our observations in such trustworthy circles, and let lawyers do the bloodletting, or sucking, whichever they feel like to do.
"Dick: The first thing we do, let's kill all the lawyers.
Cade: Nay, that I mean to do. Is not this a lamentable thing, that of the skin of an innocent lamb should
be made parchment? that parchment, being scribbled o'er, should undo a man? Some say the bee stings: but I say, 'tis the bee's wax; for I did but seal once to a thing, and I was never mine own man since.
William Shakespeare, Henry The Sixth, Part 2 Act 4, scene 2
“Thus on many occasions man divides himself into two persons, one who tries to fool the other, while a third, who in fact is the same as the other two, is filled with wonder at this confusion. Thinking becomes dramatic, and acts out the most complicated plots within itself, and, spectator, again, and again, becomes: actor.” From a book by the Danish writer, Paul Moller, which was a favorite of Niels Bohr.
MS is making it clear that they will only pursue infrigments claimed by owners of the intellectual property. Unfortunately they're not in a position to accept reports by well intentioned good citizens. There are other venues where you may be able to report this, such as the FBI or (better yet) the publisher of the original work.
Agreed. And I laud Matthew's intentions. I was merely pointing out that MS wasn't in a position to pursue potential copyright infringement cited by persons other than the holder of the copyright (or owner of the IP).
Essentially, what they're saying is that they don't want 50,000 rabid spice girl fans complaining that some new girl group is ripping off spice girl songs, because that is a complete and utter waste of their resources.
If the spice girls themselves, or their authorised representatives, complain, that's a different matter -- and they won't have any problem filling out the form.
So if Sheldon wants to complain that Babylon 5 is being ripped off, he can go right ahead and inform the copyright holders of Babylon 5, not start a bitching session with the app store admin.
I wanna be a eunuchs developer! Pass me a bread knife!