Ask HN: Is it legal to simulate a product? (Windows in this case)

[khangnd]

I admit, I'm pretty dense when it comes to copyright/licensing topics, so here's the question: Is it legal to build websites/apps that simulate the Windows operating system and use icons and images which are copyrighted by Microsoft? I have seen quite some such as these webs/apps:

* http://windows93.net/

* https://98.js.org/

* https://winxp.vercel.app/

* https://desk.glitchy.website/

* https://play.google.com/store/apps/details?id=com.lr_soft.windows98simulator

* https://play.google.com/store/apps/details?id=com.visnalize.win7simu

* https://play.google.com/store/apps/details?id=com.MrToddy.Win10BUG

* https://play.google.com/store/apps/details?id=com.jesusdigitalrd.jpcsim

... any many more you can find on Play Store.

[austincheney]

In the US this is illegal. If you use copyrighted works without permission you are violating copyright. If you use their likeness in a similar product/service/convention you are violating their trademark.

The best recourse provided by law is parody. If the intent is social commentary for the sake of the commentary itself you are protected. That means it must be clear to a common person your work is a joke.