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A pair of people in Washington state have filed a lawsuit against Microsoft and a number of tech companies over its Surface Tablet, which they say violates copyright laws and is designed to cause injury to consumers’ eyes.
In 2013, the lawsuit claims, Microsoft’s Surface tablet (and its corresponding Kinect for Xbox remote and Kinect camera) infringe on at least four of the state of Washington’s five major copyrights in the form of the “Design, Catalog, and Model Register (DRM)” listed in section 108 of the Washington State Copyright Act. The “DRM” register is a record maintained by each state in which the copyright holder holds a copyright.
According to the filing, Microsoft’s design patents and its database of database technology are also infringed by the computer program for controlling the Surface tablet.
The law is clear – if you make software specifically for a given device, including the Surface tablet, your products are copyrighted. This is the case whether or not you’re using an operating system called Windows or if you’re using an app from the Microsoft Store. Even if a developer has only made a few copies, if the product is sold worldwide, it belongs to the copyright holder.
In the case at hand, the suit also claims infringements due to the “Product Identification Guide”, a description of the device, which is used to help customers know what kind of features they’re getting and the specifications the product has and doesn’t have. This is also a design patent.
Additionally, claims allege infringement under the following claims:
The Design for Windows – The Design for Windows was created to give a “clear and concise description of” what a Microsoft Surface tablet was intended to
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