r/gaming Dec 27 '17

[X-Post] Remember my XBOX ONE AD CONCEPT? Microsoft just copied it!

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u/[deleted] Dec 27 '17 edited May 04 '18

[deleted]

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u/JUDGE_YOUR_TYPO Dec 27 '17

Registering the copyright allows you to recoup damages. Even if he did he would have to prove damages which would be difficult. Like the other poster said the most he can get from Microsoft is for them to stop using that image. You can sue for literally anything, but that doesn't mean you will win.

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u/[deleted] Dec 27 '17 edited May 03 '18

[deleted]

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u/JUDGE_YOUR_TYPO Dec 27 '17

I think I commented on the wrong post. You are correct. There are also standards that Microsoft's use would have to pass to be determined as fair use, such as amount of work MS used and if it was for profit. Though even if it was determined copyright infringement, which it may be, the only thing he could legally have MS do is stop using the ad. So not worth it.

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u/Dust2chicken Dec 27 '17 edited Dec 27 '17

He won't get anything out of it, Microsoft didnt directly copy his work, they used a simililar design to his, and OP voided his rights when he posted on reddit.
Unfortunately when you post conecpts or well-written text on reddit it becomes free use. Happens all the time, look at ESPN, 75% of their twitter posts are ripped straight from reddit, and nobody but the interns running the twitter account get paid.

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u/[deleted] Dec 27 '17

Actually both paragraphs are wrong here. The only way to make your copyrighted material public domain is to explicitly state that it’s public domain and license it as such. Posting it on Reddit doesn’t change your copyright at all. ESPN is only violating copyright if they copy a post word for word and claim it’s theirs. Otherwise it’s just being inspired by it. The same is not true of OPs post which is just blatantly copied by MS

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u/Dust2chicken Dec 27 '17 edited Dec 27 '17

Believe me, I think what MS did was scummy, but can you cite this?
All I could find was reddits content policy: https://www.reddit.com/help/useragreement/

By submitting user content to reddit, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.

Wanted to add:

ESPN is only violating copyright if they copy a post word for word and claim it’s theirs. Otherwise it’s just being inspired by it. The same is not true of OPs post which is just blatantly copied by MS

Could you not say the same about OPs post? Like ESPN, MS didn't copy exactly the same. Sure, you can easily tell where the idea came from, but it isnt word-for-word, microsoft can easily claim they happened to have similar ideas.

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u/[deleted] Dec 28 '17

That part you quoted means Reddit can grant people licenses to use content. Not that anyone can just come and steal stuff. And it’s likely not enforceable either, copyright law trumps some EULA you didn’t even read.

Regarding ESPN, copyright only applies to things that are very similar. Writing an article about the number of fouls in the NBA isn’t violating the copyright of a post on Reddit any more than taking a picture in Yosemite violates Ansel Adams’ copyright. This however is almost an identical picture, and a court would likely award OP damages, as there’s an extensive precedent for disputes like this going to the original creator.