Late last year, news got out that an infamous Chinese pirate has moved beyond pirating Windows, moving on to creating an Ubuntu distribution that is almost a pixel-perfect copy of Windows XP, called Ylmf OS. Ars Technica contacted Microsoft about possible legal actions, but it seems Microsoft isn’t really bothered by all this.
If you look at the screenshots below, then you can see just how well this clone has been made. Quite a lot of craft has gone into this – even the login screen looks perfect.
Obviously, Microsoft can do little in the sense of stopping piracy here, since this is not their code. Still, the company could take the other intellectual property route, namely the one of copying copyrighted imagery and GUI elements. Ars spoke to Microsoft, and the Redmond giant has no plans to do anything about Ylmf OS.
“We have not really evaluated the code here, but assuming that this is a Linux implementation, we agree that the existing laws against software piracy are unlikely to apply here,” Microsoft told Ars Technica, “So we’d have to look to the protection offered under intellectual property law generally in the relevant jurisdictions. But it would be difficult to talk about the legal options in a general sense as each instance is unique, depending not only on the local IP laws in play (in this case in China) but also the technical implementation itself. We’d need to drill down into the specifics to understand better what Microsoft IP rights may be at stake here.”
The company added that it currently has no plans to drill down: “While we can’t comment on the future, we have no current litigation efforts in place about this.”
For now, you can download and play with Ylmf OS, assuming you can read Chinese.
Well, as they say, imitation is the sincerest form of flattery
I think this is no big deal. I use Linux, and I personally have no need for a Windows-interface clone. However, if somebody else feels more comfortable seeing that familiar Windows look-and-feel, so be it.
It should be noted that when Microsoft came out with Windows 1.0 (real crap, by the way), Apple was thinking about suing. Anyway, Microsoft has “cloned” everyone else’s technology ever since – everything from FreeBSD’s FTP utility to Netscape and Firefox. Microsoft is the world’s most notorious copycat.
Would I like it if Microsoft cloned the Gnome or KDE interface? Maybe I wouldn’t like it, but don’t think it should be illegal. It might actually be good publicity for Linux.
Of course, there isn’t just one interface for Linux. I’m using LXDE myself. So which interface is the “correct” one for Linux?
cheers,
Oz
Edited 2010-01-06 01:13 UTC
Apple DID sue MS over Windows. OK, granted not over Windows 1, but they did over the GUI in Windows 2 and 3
Apple did indeed sue Microsoft over Windows 2 and 3 GUI. If I recall correctly, Microsoft won this case but NOT by arguing that look and feel were not protectable elememnts under copyright …
http://en.wikipedia.org/wiki/Look_and_feel#Lawsuits_over
The legal precedent in the US appear to be set by the case of Lotus vs Borland.
http://en.wikipedia.org/wiki/Lotus_v._Borland
Edited 2010-01-06 09:03 UTC
This isn’t abut layout or feel
This is about icons, among other things. Microsoft holds the copyright over those, and reproducing them this way constitutes copyright infringement. Same thing for the wallpapers, title bar designs, and so on.
The damages for copying of icons and wallpapers would amount to … what exactly?
Microsoft themselves say it just isn’t worth it to persue anything they actually legally could persue.
Remember also: precedent in the US has it that “copyright does not extend to the text or layout of a program’s menus”. The text or layout of menus actually IS important, but the shape and colour of an icon? Pffft. Its worth only peanuts.
Edited 2010-01-06 10:12 UTC
Well, America is messed up enough to hand over millions in damages for sharing a few songs, so I wouldn’t be surprised to see Microsoft handed over millions, too, in this case. Of course, this is China, so that point is moot.
I was just pointing out that we’re not talking about layout and feel, but about what amounts to… “Art”.
Fair enough.
However, suppose that someone made an XP look-alike with SVG icons (which would work with a KDE desktop). Now the defendant can clealry say that although the icons look a bit like the Windows XP ones at a certain apparent size on certain screens, the new icons are actually more functional because, unlike Windows XP icons, they can be shown at any number of sizes. By default, they could be displayed either bigger, or smaller, without getting “jaggies”.
http://ourlan.homelinux.net/qdig/?Qwd=./KDE4_desktop&Qif=variable-i…
Clearly, this is functionality that Windows desktop icons don’t have.
Therefore, despite looking somewhat similar in shape, they most demonstrably aren’t copies because they are different sizes, and they have different functionality.
Edited 2010-01-06 13:58 UTC
They don’t have to be copies to infringe on copyright law.
Take music for example, the record label (typically, but not always) would hold the rights to the recording and the song writer would hold the rights to the song.
So band x could do a cover of band y’s song (changing a few elements to make it “their own”) and although the end product is not an exact replica of band x’s original, it’s still enough of a copy where they would need to source permission from band x (though not necessarily from band x’s record label)
In fact, it’s not uncommon for bands/managers to chase after other bands when they think other songs have borrowed too much “influence” – one high profile case was Joe Satriani vs Coldplay’s “Viva La Vida” http://www.rollingstone.com/rockdaily/index.php/2008/12/05/joe-satr… )
The funny thing about that last example was Yusuf Islam also contemplated (can’t recall if he followed through or not) taking Coldplay to court over their same track saying it sounded like one of Yusuf’s tracks of old (when he was performing as Cat Stevens). Anyhow, I digress…
While I’m not sure of the exact wording of the law, as I understand it, artists (be them musical or otherwise) have grounds to sue if they believe their work have been plagiarised regardless of how identical the two products in question are.
So relating this to Microsoft XP vs Ylmf OS – MS do have grounds to sue (even if it’s not financially worth the trouble) as their “art” (aka the XP motif) has clearly been plagiarised.
(sorry for the length post)
I suppose it’s at least progress, considering there was a time when Microsoft would go after a distro, just for calling itself Lindows.
Could part of the problem be the fact that infringing party is Chinese? (as AFAIK China has a more relaxed outlook on the digital rights of western meterial)
Sorry if I come across a little ignorant here – I’ve heard stories about piracy in China (which I know this specific article isn’t about) but, in truth, I know very little about Chinese law.
I always thought Apple were successful with their claims (thus MS paying damages to them).
Clearly I got the facts all skewed – so thanks for the correction
And Apple lost.
The judged decided that infringement was the only way that GUI could proliferate or something like that wasn’t it? (the good old days when Judges knew about the technology they where ruling on.. oh wait..)
Wasn’t there another case later in which part of MS settlement was to buy Apple shares? I don’t remember the particular complaint involved in that one at the moment though.
Get plain vanilla Ubuntu and apply the XPLuna theme to it.
<a href=”http://ubuntu.online02.com/node/14“>ubuntu.online02.com/node/14…
I have Virtualbox with an English localized version of Ylmf OS running next to this patch, and everything basically matches other than a few different base packages.
Imagine if Apple OS X was the one that was being copied
I mean, seriously, this isn’t going to result in people moving to Ubuntu for a Windows XP lookalike desktop. It’s a non-issue.
Where I live, half the shops (at least) load pirate Windows as standard and Office – the punters don’t even know, some times they come to get there genuine advantage fixed and then are told, it often comes as quite a shock.
I guarantee that if they were given this and Office preloaded with crossover 60% wouldn’t even know they weren’t using XP.
Right, but given that Windows pirating is so rampant, anyway, there’s practically little benefit to deploying Ubuntu. Particularly for pirates, themselves.
Apart from the ubiquitous virus infections – if the flash disks at the college are representative somewhere between 75% and 90%
yes, isn’t it wonderfully ironic how much Microsoft have benefited from the rampant piracy over the years?
Too true
I’d mod you up but I’ve posted so can’t
Why would they sue? It is application compatibility that slaves users to Microsoft, not the OS look. This will only run Windows software that Wine can run which is about zero.
If this gets people who are afraid of Linux to try Ubuntu, I’m all for it.
I have to say though, I’m very surprised over the numerous XP lookalikes out there, since XP is imho the most ugly Windows version Microsoft released since Win1.0/2.0.
Are all designers at Microsoft colorblind? People are actually copying that look? Why on earth?
Often referred to as “familiar” and leveraged with fear of change. Turn off the theme service in WindowsXP for a few of your average users and see how fast they scream because the pretty crayola look isn’t there.
I don’t know about colorblinded, but definition discriminatory against old and color blinded people with their Windows 7 themes with the white font.
Here’s my version: http://i20.photobucket.com/albums/b233/eksasol/desktopubuntu.jpg
This whole thing was a nonstarter from the very start if you ask me. The article where most of the discussion over this “YLMF OS” started used a picture of WinXP and claimed it was Ubuntu. The real truth of the matter is these guys didn’t even do a good job with their clone. You or I could do a better job ourselves if we wanted to, and have it look more authentic.
Wake me up though if some one decides to pull together XPDE and make a distro based around that, which really makes use of cloning the various Windows XP elements and making them work well with *nix applications using the QT, GTK, and misc other tool kits. Then maybe there might be some concern in Redmond, until then… This isn’t even a good clone!
–bornagainpenguin
PS: XPDE can be seen here: http://www.xpde.com/
Windows XP is ugly as hell. Why would anyone want to copy the XP UI in 2010? Windows 7 is beautiful. Won’t touch XP/XP look-alikes with a ten foot pole.
This is so terrible. I know that most of the casual users don’t even change their WinXP theme to something more “eye-friendly” so this might suite them perfectly, but this toyish-like interface was always a pain to watch. Go, “pirates”, go and clone the crap, d’oh!
P.S an only reasonable interface of XP was XP silver.
Ick.. my first stop is the services list to disable Theme. Silver is just as bubble-gum toyish as the blue/green version. Pretty doesn’t make my programs run faster so I’m happy with the lesser resource usage with themes disabled and the vanilla windows widgets (change your windows colours, set a background.. just as good as crayola-windows; for me anyhow).
Each to there own perferences of course. Theme selection is mostly subjective after all.
Wait? You get enough of a speed increase from turning off themes for it to be noticeable? I stopped seeing any major improvement around the time I switch to a budget dual-core and a halfway decent video card.
The last few days I’ve seen a big brouhaha being made on myriad popular technical sites over the appearance of Ylmf OS, as if this Chinese company has done something truly sacrilegious in daring to imitate Windows. The truth of the matter is that everything anyone needs to transform any Linux distribution, either Gnome or KDE based, into looking like any version of Windows from 95 to Windows 7; or Macintosh OS-X, down to every detail already exists on Gnome-look.org or KDE-look.org. Theming Linux to resemble other popular operating systems is certainly nothing new and this China based company is hardly the first to do it. Remember Lycoris OS anyone? It must really be a slow news week.
Ubuntu… now also available in fugly!
Hasn’t Ubuntu always been available in fugly?
😉
[Pulls Shipit Hedgehog CD out of drawer] Yup, definitely.
I remember for a while during Longhorn/Vista development, cloning the upcoming longhorn theme was the hottest you could do. I still think the concept videos look awesome:
http://www.youtube.com/watch?v=b9ifQvQCO7Y
Now if someone can clone that in a linux distro I wouldn’t care if it’s Microsoft who invented the look – I’d use it!
This isn’t the only distribution that copies the Windows look. Vixta copies Vista and Linux XP once copied XP as well.
This is probably not a particularly great theme anyway. The file manager (file roller) probably looks nothing like Explorer and neither does any control panel.
You don’t need to know chine’s
http://liveinformant.com/software/ylmf-ubuntu-english-chinese/
And MS shouldn’t need to worry much if the user wanted to switch to Linux why would they care if it looked like XP? I prefer the look of some of the linux distros over XP
If you download it, switch the locale to US English, and check it out, you’ll discover it’s an Ubuntu live CD remaster with a few icons stolen from MS Office 2003 to represent OpenOffice.org apps and some Internet applications that are different than the Ubuntu norm. It has a WinXP skin which you can download and install on your own copy of GNOME from here: http://ubuntu.online02.com/node/14 (that’s probably where they got their artwork from, too, from the looks of it).
It hardly qualifies as a “distro.” So why is this getting so much free advertising?
eco2geek asked…
Because the interest is there for a Windows clone that is Linux but apes Windows XP completely enough to fool non-technical people. Unfortunately this isn’t it, and most likely we’ll never see a real good clone because of legal and cultural issues. Just look over at gnome-look at some of the responses even slightly Vista or Luna seeming themes get! (The legal issues are obvious and need not be restated here.)
Then too, there is the misleading advertising the group did when they released this “distro” of theirs… Take a look at this picture:
http://www.ylmf.org/static/images/banner.jpg
Now contrast that with what you really get:
http://liveinformant.com/wp-content/uploads/2009/12/03-ylmf-languag…
Not hardly the same thing is it? So this is a complete bait and switch operation in effect here, when people were expecting a clone and getting a half-baked theme instead. Me, I say someone should take XPDE and start hacking away to get GTK and QT apps to behave like “native” Windows apps in that desktop, and see how well it goes over. I imagine it would be better than we’d expect…
–bornagainpenguin
bornagainpenguin said…
You’re apparently right about that, but the theme of these stories about Ylmf OS have all been about Microsoft’s reaction to it. “Will Microsoft sue?” is the main question. That’s kind of a silly question to ask when you already know that Ylmf OS is an Ubuntu 9.10 remaster.
The stories haven’t been about consumer demand for a free copy of Windows.
bornagainpenguin said…
Not exactly. The picture on the company’s home page is misleading, but if you read the text (use Google Translate), it says, “Based on Ubuntu 9.10” right up front.