It's also not defensible. Once you relinquish your property rights by 'selective omission' you have a problem.
Legally, if MS wishes to police its property rights with regards to Kol's skin they are obliged to approach Kol directly to request/enforce his removal of ALL publicly available instances of the skin.
That would mean that Deviantart.com, and any other sites currently 'overlooked' by Microsoft would have had this contentious skin removed at the same time.
As it stands, since it is available elsewhere it is Wincustomize.com's members who are being discriminated against....and if nothing else, that's not particularly good PR or treatment of a 'MS Partner' site.
Kona...you were always slow on the uptake.
Read #36.
....and try not to be confrontational when a little reading can explain all....