Quantcast LiveSide - Windows Live news and interviews
LiveSide on the Windows Live Network LiveSide on Facebook LiveSide on Twitter LiveSide RSS  
Translate this page
MoFuse
LiveSide - Developer Blog

What does "copyright" mean?

As regular readers of LiveSide.net know, I am Donavon West, a Microsoft MVP and I wrote the Windows Vista Countdown gadget. The other day, a friend sent me a link to a blog posting by Mitch Denny, a veteran Microsoft MVP. It states:

One of the machines I am running here had the Windows Vista Countdown sidebar gadget from Donavan West, a Windows Live Development MVP over at LiveGadgets.net.

Anyway, I hacked his gadget so that it did a countdown for Code Camp Oz 2007, just download and install the gadget and look at my stunning graphical abilities.

My first thought was "yeah, so what", but then I was looking into what was going on an started to get a little irritated. Basically what Mitch has done is to take my gadget and marked the manifest with his copyright notice. He also replaced the Windows Vista background image with a non-professional looking campfire image (looks like Mitch forgot to turn off the background before saving it as a the 24 bit png). He also changed a few things in the JavaScript (notably the countdown date and hover links). The odd thing is that my company name LiveGadgets.net is still all over the code. In fact there is a file in the gadget named copyright.txt that states "Copyright 2006 LiveGadgets.net" as does the first line of the JavaScript. I'd rather not have my name associated with his version. It makes my company look bad.

What bothers me the most is not the fact the he stole my code and is masquerading it as his own work (although that does grind my gears too), but that:

  1. He didn't even bother to ask me
  2. My name is still associated with his less than professional looking gadget
  3. It sets a bad precedence for other people stealing copywritten code
  4. He spelled my name wrong

Now some of you may say "he gave you credit in his blog post", but does that make it right? He has even posted it to Microsoft's gadget gallery, this time without any attribution. A case of Aussie beer with a note attached saying "sorry 'bout that, mate" might have softened the blow.

I write gadgets for a living. Much of what I write is propriatary and I obfuscate my code for just that reason (which is about all you can do with JavaScript). On the other hand, I have also shared plenty of "how to" tips and non-copyrighten code with the gadget community (a fact that Microsoft noticed by rewarded me my MVP status). Take for example my article and accompanying source code for Gadgets: Write Once Run Everywhere

I choose what I share and what I don't. I don't appreciate people stealing my work and passing it off as their own. I would think a fellow MVP would appreciate and respect this. The irony of the situation is that I probably would have helped Mitch with the gadget had he just asked. Or Mitch should have just written this one himself. As gadgets go, a countdown gadget is not rocket science.

So I'm still asking myself, what does "copyright" mean? I'm sure the ambulance chasing lawyers out there would say "sue the ***". Maybe this is an MVP impeachable offense? Or is Mitch (and others) free to copy anyones code for whatever purpose they want? What do you think?

BTW, If you're thinking to yourself "didn't you violate copyright by using the Microsoft Vista logo"? The answer is no, I received permission from Microsoft to use it.

Comments

blognc wrote re: What does "copyright" mean?
on 01-04-2007 4:11 PM

Donavon, the funny thing is I was thinking about how, after Vista came out, I'd want to hack the Gadget to countdown to something new.  Luckily, I know as much about writing code as I do about refrigerator repair, that is, not at all, so I would not have been able to do it myself anyway.  That said, have you considered doing a program that would let others create customizable Sidebar countdown gadgets?  Something simple: Specify a date, submit an image, and your code would create a Gadget of much better quality than a typical hack-job.  That would be really useful, and save you the hassle of creating countdown Gadgets for every occasion.  Plus, you could keep your copyright and website links intact, so that if a ton of people shared their Gadgets, you'd get even more publicity.

blognc wrote re: What does "copyright" mean?
on 01-04-2007 4:12 PM

Donavon, the funny thing is I was thinking about how, after Vista came out, I'd want to hack the Gadget to countdown to something new.  Luckily, I know as much about writing code as I do about refrigerator repair, that is, not at all, so I would not have been able to do it myself anyway.  That said, have you considered doing a program that would let others create customizable Sidebar countdown gadgets?  Something simple: Specify a date, submit an image, and your code would create a Gadget of much better quality than a typical hack-job.  That would be really useful, and save you the hassle of creating countdown Gadgets for every occasion.  Plus, you could keep your copyright and website links intact, so that if a ton of people shared their Gadgets, you'd get even more publicity.

wideawakewesley wrote re: What does "copyright" mean?
on 01-04-2007 4:13 PM

Taking other people's work and using it in this manner without taking due care to ask for permission etc. is poor form and I hope this guy apologises and does whatever it takes to rectify the situation.

Khristopher wrote re: What does "copyright" mean?
on 01-04-2007 4:40 PM

Why is liveside your personal rant blog?

delldude190 wrote re: What does "copyright" mean?
on 01-04-2007 5:39 PM

i think it is wrong to do that.... but i guess some people are just jealous of other peoples abilities and think if they try to copy it, that it would make them look better.  

BV2312 wrote re: What does "copyright" mean?
on 01-04-2007 7:47 PM

I think it's wrong what another MVP did, sets a bad image of MVP now especailly when he brags 'hack'

@phunky i think he has used it to show readers or even ask a question what is copyright - personally i would not have read the post unless it was here

kenbw2 wrote re: What does "copyright" mean?
on 01-04-2007 9:09 PM

I'm sorry, but I'm with phunky here. I'm yet to see a post here from you that is more about Windows Live than a blatant advert for your LiveGadgets site.

I like what you do at LiveGadgets (especially the idea of Gadget/IG - what happened to that?), but please make your posts relevant.

donavon wrote re: What does "copyright" mean?
on 01-04-2007 9:33 PM

blognc: Thanks for the suggestion. I've considered something like this and have some cool user customizable gadget in the works

phunky: I think I have a good mix of technical articles (recently the "alert" post and the Write Once Run Everywhere post) and yes, a relevant rant or two. Direct complaints to Chris (of LiveSide)

delldude190: I'm not trying to belittle Mitch's abilities. I'm sure with his talent he could have easilly written the gadget himself. I simply wanted to spark a lively debate on the issue of copyright (as it appears that I have). I don't know Mitch and have nothing against him personally.

kenbw2: Gadget/IG went on perma-hold when I discovered Live.com was doing the same thing (as I pointed out in a recent post)

donavon wrote re: What does "copyright" mean?
on 01-04-2007 11:27 PM

I have been contacted by Mitch who said he would be removing the current gadget and posting an apology on his blog. We're both cool about the situation and I offered my assistance in creating his own countdown gadget. I look forward to sitting down with Mitch for a drink at the upcoming MVP summit.

I was also contacted by Microsoft. They are conscious of the whole "submitting someone elses work as their own" situation from a gallery point of view and the larger issue of copyright infringement in general. They said that they are looking into the matter, which as far as I am concerned has been resolved.

Chris wrote re: What does "copyright" mean?
on 01-04-2007 11:28 PM

Some interesting comments here;

Nathan - I'm with you on this, I can patch things up to make them do what I want, but creating the original is definitely not a strong point, so the idea of a DIY gadget made via webpage is an interesting one.

Wes , delldude and BV2312 - Nothing much to say really, except I agree.

Phunky and kenbw2 - I agree that LiveSide isn't a personal rant blog, and perhaps donavon's post was slightly too far inclined in that direction. However I think the post raises an interesting discussion that is going to become more apparent as widgets/gadgets gain in popularity. With independent developers seeking to gain commissions for gadgets and make a living from them more and more, issues over who owns the code will become more commonplace.

As always, if you want to give feedback at any time we have the dedicated email address feedback*at*liveside*dot*net or you can email me if you would prefer.

bf1977 wrote re: What does "copyright" mean?
on 01-05-2007 10:58 AM

I am happy Donavon for you to have obtained to decide this problem. Therefore to make its accountant of the Vista, it spent time and its intellect, therefore I do not agree to what the face made there that it was to steal its code and its idea to create an accountant as if was of it.

sxmangel wrote re: What does "copyright" mean?
on 01-12-2007 6:51 PM

At first glance it would seem like Donavon was ranting but if you really look at it, he's trying to make a valid point. Perhaps the fact that he used his own experience makes it seem like he's venting his own personal frustrations but that isn't the big issue here.

Copyright infringement has been going on for a while now; however I didn’t think people were so blatantly proud of it. At least it’s being dealt with. Hopefully it works out for the best Donavon.

rjstinyc wrote re: What does "copyright" mean?
on 01-12-2007 8:20 PM

Too mix it up a bit more...

Nice to see that Microsoft and Donavon West had already given out some code to allow public use of the VistaCountDown Gadget at least to display it on their own website.

Granted though... republishing the gadget on Live Gallery is really going too far.

Code pasted from http://livegadgets.net/#blog_00000000-0000-0000-0000-000000000001

<div style="position:relative;width:130px;height:142px;">

<script src="http://download.gallery.start.com/d.dll/1~1~485~4304/VistaCountdown.js" type="text/javascript"></script>

</div>

Keep up the good professional work !

Donavon

Best Regards,

Richard J. Rothery Jr.

Sign In Live ID using Live ID, Name/Password, or OpenID
or Join LiveSide to leave a comment!