Serving the assets was a big mistake, but isn't this the same forum that overwhelmingly says copying isn't stealing and that no harm is done to the original creator when you duplicate their work? Now, suddenly everyone's a hard ass about IP? In this case more than all the others argued here, if you exclude the assets problem, there was zero detriment caused by using this design. It's not a competing product, and it d…
Ultimately though, this forum compromises many viewpoints. While there will be trends, consistency when dealing with large numbers of folks seems unrealistic (but again, I don't think having issues with contemporary IP law and being against using another site's design in a commercial product demonstrates a consistency issue. It's more of a "dude, not cool" thing to me.).
In regard to the lack of detriment, certainly at least one representative of 37Signals is unhappy with it. If it were my design, I'd prefer that my efforts remain tied solely to my products given the time and money spent on them since I think there is marketing and branding value in developing a reasonably unique look and feel even if the products themselves are not direct competitors. Do I recognize that designs will inspire other designs? Certainly. The line between a copied design and inspired one is blurry. Would I personally give more leeway to someone who was just experimenting for a non-commercial, personal project? Probably. This, however, was a commercial entity that just received a big check for their (and 37signals') efforts. That said, if I were an employee of curebit, I'd probably have felt uncomfortable with the approach they took regardless of any legal implications that may exist. It would just kinda feel wrong, ya know?
Anyway, my initial reaction was along the lines of "well, that was stupid of them" and progressed to "WTF is wrong with this guy?" due to Allan's tweets in response to dhh. Some of his tweets have almost felt like he was trolling for controversy/publicity. Regardless, I really think he should simply stop tweeting at this point and let further public responses come from someone better equipped to NOT dig themselves deeper.