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M$ partners claim, they own property rights to GIMP

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M$ partners claim, they own property rights to GIMP Dominik Tabisz 09 Dec 21:34
  M$ partners claim, they own property rights to GIMP Michael Schumacher 09 Dec 23:00
   M$ partners claim, they own property rights to GIMP Alexandre Prokoudine 09 Dec 23:44
    M$ partners claim, they own property rights to GIMP Dominik Tabisz 10 Dec 00:38
     M$ partners claim, they own property rights to GIMP Michael Schumacher 10 Dec 00:42
     M$ partners claim, they own property rights to GIMP Alexandre Prokoudine 10 Dec 01:14
     M$ partners claim, they own property rights to GIMP Daniel Hornung 10 Dec 18:18
      M$ partners claim, they own property rights to GIMP Dominik Tabisz 11 Dec 21:32
       M$ partners claim, they own property rights to GIMP Tim Mooney 11 Dec 22:09
        M$ partners claim, they own property rights to GIMP Liam R E Quin 12 Dec 00:16
        M$ partners claim, they own property rights to GIMP Dominik Tabisz 12 Dec 00:36
       M$ partners claim, they own property rights to GIMP Alexandre Prokoudine 12 Dec 04:05
  M$ partners claim, they own property rights to GIMP Michael Schumacher 09 Dec 23:07
  M$ partners claim, they own property rights to GIMP Michael Schumacher 12 Dec 19:06
   M$ partners claim, they own property rights to GIMP Richard 12 Dec 19:37
    M$ partners claim, they own property rights to GIMP John Meyer 12 Dec 19:41
Dominik Tabisz
2013-12-09 21:34:14 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

Hello

Gimp users in Poland have some strange problem: when we leave gimp installation files on publicly accessible file sharing services - they are removed because of "copyright laws".

In our filesharing service "chomikuj.pl", gimp-2.4.2-i686-setup.exe was removed due to complain from Microsoft partner: Marketly.com This company claims that file gimp(...)setup.exe violates rights of microsoft corporation. It looks like bigger coordinated action. Amount of targeted free software suggest that this is not done by mistake but rather it is a deliberate action.

I believe that Microsoft do not own any rights to Gimp, am i wrong? Would You like to help Polish Gimp users in resolving this problem.

Yours respectful Dominik Tabisz

Michael Schumacher
2013-12-09 23:00:37 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

On 09.12.2013 22:34, Dominik Tabisz wrote:

Gimp users in Poland have some strange problem: when we leave gimp installation files on publicly accessible file sharing services - they are removed because of "copyright laws".

I believe that Microsoft do not own any rights to Gimp, am i wrong? Would You like to help Polish Gimp users in resolving this problem.

Tell them that they are wrong, and if they really want to discuss that and can handle our response, direct them to us.

Regards,
Michael
GPG: 96A8 B38A 728A 577D 724D 60E5 F855 53EC B36D 4CDD
Michael Schumacher
2013-12-09 23:07:08 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

On 09.12.2013 22:34, Dominik Tabisz wrote:

In our filesharing service "chomikuj.pl", gimp-2.4.2-i686-setup.exe was removed due to complain from Microsoft partner: Marketly.com This company claims that file gimp(...)setup.exe violates rights of microsoft corporation. It looks like bigger coordinated action. Amount of targeted free software suggest that this is not done by mistake but rather it is a deliberate action.

BTW, any reason why you have this old version up there? The current GIMP release is 2.8.10.

Regards,
Michael
GPG: 96A8 B38A 728A 577D 724D 60E5 F855 53EC B36D 4CDD
Alexandre Prokoudine
2013-12-09 23:44:17 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

On 09.12.2013 22:34, Dominik Tabisz wrote:

Gimp users in Poland have some strange problem: when we leave gimp installation files on publicly accessible file sharing services - they are removed because of "copyright laws".

I believe that Microsoft do not own any rights to Gimp, am i wrong?

How is this even remotely related to Microsoft?

Alexandre

Dominik Tabisz
2013-12-10 00:38:23 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

Thank You for answer.
Version 2.4 was for backup purposes.

How is this even remotely related to Microsoft?

Alexandre

That's what chomikuj.pl state. Their first version was "complain of microsoft partner", after attempt to clarify that Gimp is GPL licenced ,chomikuj.pl directed to author of complaint: They got an abuse report from microsoft-notices@marketly.com

At the same time images of ubuntu are also blocked (same reason), so it looks like planned campaign to haras free software users.

Dominik Tabisz

Michael Schumacher
2013-12-10 00:42:56 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

On 10.12.2013 01:38, Dominik Tabisz wrote:

That's what chomikuj.pl state. Their first version was "complain of microsoft partner", after attempt to clarify that Gimp is GPL licenced ,chomikuj.pl directed to author of complaint: They got an abuse report from microsoft-notices@marketly.com

At the same time images of ubuntu are also blocked (same reason), so it looks like planned campaign to haras free software users.

I've sent them a mail (or rather, used the contact form on their website).

If this is a planned attack, then there will be no (honest) reply, of course. But at least they know that they're being watched.

Regards,
Michael
GPG: 96A8 B38A 728A 577D 724D 60E5 F855 53EC B36D 4CDD
Alexandre Prokoudine
2013-12-10 01:14:49 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

On Tue, Dec 10, 2013 at 4:38 AM, Dominik Tabisz wrote:

That's what chomikuj.pl state. Their first version was "complain of microsoft partner", after attempt to clarify that Gimp is GPL licenced ,chomikuj.pl directed to author of complaint: They got an abuse report from microsoft-notices@marketly.com

At the same time images of ubuntu are also blocked (same reason), so it looks like planned campaign to haras free software users.

Never presume malice where stupidity would be sufficient.

Alexandre

Daniel Hornung
2013-12-10 18:18:18 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

On Tuesday, 10. December 2013 01:38:23 Dominik Tabisz wrote:

They got an abuse report
from microsoft-notices@marketly.com

Which seems (or seemed) to be a real contractor of MS:

http://arstechnica.com/business/2012/05/microsoft-outsources-copyright-enforcement-to-small-redmond-company/

Good luck! Daniel

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Dominik Tabisz
2013-12-11 21:32:54 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

Thanks for Your support

Never presume malice where stupidity would be sufficient.

I wish You were right Alexandre. Nevertheless harassment of users just because they use competitor product is still harassment.

Dominik Tabisz

Tim Mooney
2013-12-11 22:09:40 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

In regard to: Re: [Gimp-developer] M$ partners claim, they own property...:

Never presume malice where stupidity would be sufficient.

I wish You were right Alexandre. Nevertheless harassment of users just because they use competitor product is still harassment.

Microsoft doesn't really have a product that competes with GIMP, unless you consider something like "Paint" a competitor. Adobe might have a reason to not want GIMP on Windows, but that's a lot less true of Microsoft.

Also, didn't the original message indicate that the copyright complaint was against "setup.exe"? In other words, isn't it possible that the actual complaint (valid or not) is against the installer, not the GIMP?

I find this kind of legal bullying incredibly frustrating; if some entity is going to claim infringement, they should at least have to give some indication of what they believe the infringement is. It's possible that they *did* give that information and it just wasn't passed on by the file serving companies, but it's hard to know what to even do without knowing what the complaint is.

Could this issue be brought to the FSF or EFF legal team, to see if they can make progress on it?

Tim

Tim Mooney                                             Tim.Mooney@ndsu.edu
Enterprise Computing & Infrastructure                  701-231-1076 (Voice)
Room 242-J6, Quentin Burdick Building                  701-231-8541 (Fax)
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Liam R E Quin
2013-12-12 00:16:30 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

On Wed, 2013-12-11 at 16:09 -0600, Tim Mooney wrote:

Also, didn't the original message indicate that the copyright complaint was against "setup.exe"?

Just a guess - they got a list of filenames and assumed that any matches were copyright violations.

Liam

Liam Quin - XML Activity Lead, W3C, http://www.w3.org/People/Quin/
Pictures from old books: http://fromoldbooks.org/
Ankh: irc.sorcery.net irc.gnome.org freenode/#xml
Dominik Tabisz
2013-12-12 00:36:58 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

Microsoft doesn't really have a product that competes with GIMP, unless you consider something like "Paint" a competitor. Adobe might have a reason to not want GIMP on Windows, but that's a lot less true of Microsoft.

In a sense You're right. Gimp is usually considered to be Adobe PS competitor. From other point of view GNU is competitor of M$, and Gimp is sometimes considered as part of GNU. afaik Adobe is not so hostile towards Free Software as Microsoft.
Take into account, that we have knowledge about blocking Gimp, and also Ubuntu iso images.

Also, didn't the original message indicate that the copyright complaint was against "setup.exe"? In other words, isn't it possible that the actual complaint (valid or not) is against the installer, not the GIMP?

I'm wondering about this too. Whether something in Gimp 2.4.2 installer could trigger some webrobot used to detect "piracy"? Maybe compiling Gimp for windows require some propertiary M$ library? I don't know, probably people on this list are more capable to say: "Yes, compiling for Win use libraryXYZ", or "No, compiling Gimp for Win don't involve using anything non free".

I find this kind of legal bullying incredibly frustrating; if some entity is going to claim infringement, they should at least have to give some indication of what they believe the infringement is. It's possible that they *did* give that information and it just wasn't passed on by the file serving companies, but it's hard to know what to even do without knowing what the complaint is.

Honestly filesharing company is probably very surprised, that someone dared to question whole situation. After complaint they informed who gave them notice. (of course with addition of notice, that correspondence is confidential, and similar threats) It is something like Kafka's scenario: You're charged without right to know what the cause is. In fact, filesharing service is covering their ass (they blocked that file, so no one can charge them). Any dispute is directed to marketly, which don't respond.

Could this issue be brought to the FSF or EFF legal team, to see if they can make progress on it?

I think this might be necessary.

Thanks for support and advice Dominik Tabisz

Alexandre Prokoudine
2013-12-12 04:05:30 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

On Thu, Dec 12, 2013 at 1:32 AM, Dominik Tabisz wrote:

Thanks for Your support

Never presume malice where stupidity would be sufficient.

I wish You were right Alexandre. Nevertheless harassment of users just because they use competitor product is still harassment.

Microsoft has no products to compete against GIMP or even Inkscape. They killed off their own design suite.

Either way, what we are doing here right now is talking about things we don't know for sure yet :)

Alexandre

Michael Schumacher
2013-12-12 19:06:50 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

On 09.12.2013 22:34, Dominik Tabisz wrote:

Hello

Gimp users in Poland have some strange problem: when we leave gimp installation files on publicly accessible file sharing services - they are removed because of "copyright laws".

So what's going to happen now? A possible step for chomikuj.pl would be to simply reinstate those files, and tell Marketly that those claims lack any credibility.

Regards,
Michael
GPG: 96A8 B38A 728A 577D 724D 60E5 F855 53EC B36D 4CDD
Richard
2013-12-12 19:37:01 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

Date: Thu, 12 Dec 2013 20:06:50 +0100 From: schumaml@gmx.de
To: gimp-developer-list@gnome.org
Subject: Re: [Gimp-developer] M$ partners claim, they own property rights to GIMP

On 09.12.2013 22:34, Dominik Tabisz wrote:

Hello

Gimp users in Poland have some strange problem: when we leave gimp installation files on publicly accessible file sharing services - they are removed because of "copyright laws".

So what's going to happen now? A possible step for chomikuj.pl would be to simply reinstate those files, and tell Marketly that those claims lack any credibility.

--
Regards,
Michael
GPG: 96A8 B38A 728A 577D 724D 60E5 F855 53EC B36D 4CDD _______________________________________________ gimp-developer-list mailing list
List address: gimp-developer-list@gnome.org List membership: https://mail.gnome.org/mailman/listinfo/gimp-developer-list List archives: https://gnome.org/archives/gimp-developer-list

In the US at least, doesn't filing a false DMCA claim leave you open to a countersuit or something?

-- Stratadrake strata_ranger@hotmail.com
--------------------
Numbers may not lie, but neither do they tell the whole truth.

John Meyer
2013-12-12 19:41:45 UTC (over 10 years ago)

M$ partners claim, they own property rights to GIMP

It's private, so I wouldn't say there was. If it went to the courts depending upon jurisdiction you could file an anti-SLAPP motion, though.

On 12/12/2013 12:37 PM, Richard wrote:

Date: Thu, 12 Dec 2013 20:06:50 +0100 From: schumaml@gmx.de
To: gimp-developer-list@gnome.org
Subject: Re: [Gimp-developer] M$ partners claim, they own property rights to GIMP

On 09.12.2013 22:34, Dominik Tabisz wrote:

Hello

Gimp users in Poland have some strange problem: when we leave gimp installation files on publicly accessible file sharing services - they are removed because of "copyright laws".

So what's going to happen now? A possible step for chomikuj.pl would be to simply reinstate those files, and tell Marketly that those claims lack any credibility.

--
Regards,
Michael
GPG: 96A8 B38A 728A 577D 724D 60E5 F855 53EC B36D 4CDD _______________________________________________ gimp-developer-list mailing list
List address: gimp-developer-list@gnome.org List membership: https://mail.gnome.org/mailman/listinfo/gimp-developer-list List archives: https://gnome.org/archives/gimp-developer-list

In the US at least, doesn't filing a false DMCA claim leave you open to a countersuit or something?

-- Stratadrake strata_ranger@hotmail.com
--------------------
Numbers may not lie, but neither do they tell the whole truth.

_______________________________________________ gimp-developer-list mailing list
List address: gimp-developer-list@gnome.org List membership: https://mail.gnome.org/mailman/listinfo/gimp-developer-list List archives: https://gnome.org/archives/gimp-developer-list