Seems like their complaining about the news icon. Here's the DN icon and the flat-ui icon side by side: https://acr-skitch.s3.amazonaws.com/news.png-20130306-130455...
LayerVault Sends DMCA Takedown Letter re Flat-UI
141–150 of 386 posts
Re: LayerVault Sends DMCA Takedown Letter re Flat-UI
#142I have the old pre-dmca Flat UI gitgub page from yesterday open in another window, and designmodo has apparently made a few changes since then. Just based on that, I'm going to guess that the problem was stemming from these. http://i.imgur.com/xDDULcG.png
This is the most helpful post here. Nobody else seemed to have tracked down what they were specifically talking about.
[deleted]
Re: LayerVault Sends DMCA Takedown Letter re Flat-UI
#143I have the old pre-dmca Flat UI gitgub page from yesterday open in another window, and designmodo has apparently made a few changes since then. Just based on that, I'm going to guess that the problem was stemming from these. http://i.imgur.com/xDDULcG.png
I can find icons that kinda look a bit like those that were removed ( http://dribbble.com/shots/875799-Designer-News , http://dribbble.com/shots/800428-LayerVault-icon-set-for-del... ) but nothing that's a direct copy.
They look sort of the same? Three gears in a circle. A guy with a chat bubble in a kinda same style?
You can't issue a DCMA based on sort of look a likes. Or everyone would be DCMAing everyone else.
So the entire DCMA is invalid.
Re: LayerVault Sends DMCA Takedown Letter re Flat-UI
#144Earlier quoted context omitted.
I think you are hitting the nail on the head - with styles/aesthetic arguments like this, when is it a copy? Adding a leaf of paper into the icon? Colouring it in? Adding a line of faux text below the faux image? Which came first? Which was the origin? My only point was that when you are getting hammered by people and the evidence you provide is that, it looks poorly thought out.
What evidence? What am I missing? Does someone have a link to the Flat UI icon he's referring to? The impression I got from his message is, Flat UI included a verbatim copy of the DN icon .
Here's the comparisons.
http://news.ycombinator.com/item?id=5332635
It's certainly not a verbatim copy or even close.
Re: LayerVault Sends DMCA Takedown Letter re Flat-UI
#145I have the old pre-dmca Flat UI gitgub page from yesterday open in another window, and designmodo has apparently made a few changes since then. Just based on that, I'm going to guess that the problem was stemming from these. http://i.imgur.com/xDDULcG.png
Any else can also see it for themselves by using Google's cache:
http://webcache.googleusercontent.com/search?q=cache:designm...
Re: LayerVault Sends DMCA Takedown Letter re Flat-UI
#146Earlier quoted context omitted.
I think you are hitting the nail on the head - with styles/aesthetic arguments like this, when is it a copy? Adding a leaf of paper into the icon? Colouring it in? Adding a line of faux text below the faux image? Which came first? Which was the origin? My only point was that when you are getting hammered by people and the evidence you provide is that, it looks poorly thought out.
What evidence? What am I missing? Does someone have a link to the Flat UI icon he's referring to? The impression I got from his message is, Flat UI included a verbatim copy of the DN icon .
That's the impression he wants you to get, but you are being deceived by his misleading wording. Flat-UI's newspaper icon is different than the DN icon.
Re: LayerVault Sends DMCA Takedown Letter re Flat-UI
#147Earlier quoted context omitted.
Whilst (afaik) unrelated to the DCMA claim at hand, it is possible to trademark a specific colour, with plenty of examples at [1], and there have been controversial suits over 'infringement' in the past. My recollection is that colour trademarks are much more restrictive in their coverage than other forms, although I may be wrong there. Edit: Emphasise the trademark-ability, not copyright-ability, of particular colou…
Trademark infringement and copyright infringement are different things. The DMCA only deals with copyright. Plus, it is actually fairly difficult to trademark a color.
> Trademark infringement and copyright infringement are different things.
Yes, I'm aware of that, and have edited original comment emphasise it. I had vaguely thought there was some provision in the DMCA for remedies for other types of IP infringement as well as copyright, but haven't really looked into it that much. Then again, given how much easier it is to (potentially) infringe some trademarks, the severity of the remedy (immediate takedown, with perhaps later return) does seem like overkill.
I wasn't arguing that it was easy, merely possible. The examples all do seem to be large companies with significant legal budgets and generally strong or exclusive brands though, which does indicate it being quite rare.
Re: LayerVault Sends DMCA Takedown Letter re Flat-UI
#148Re: LayerVault Sends DMCA Takedown Letter re Flat-UI
#149I learned one thing: I will never use LayerVault's service, and discourage anyone I know from using it.
How about you look into the issue rather than making bold comments with no basis. https://twitter.com/Allan/status/309346292902014976 https://twitter.com/Allan/status/309350351054716929
There's no proof. All they've said so far seems to demonstrate a lack of understanding about what copyright actually is, as well as a general case of business immaturity.
Re: LayerVault Sends DMCA Takedown Letter re Flat-UI
#150Complete Side by Side Comparison
TLDR:
Noun Project vs Layer Vault vs Flat UI
If anyone notice other similar icons, I can update image with side by side comparison.
Thanks to fellow HNers for the links to the images. I just stuck it all together side by side.
Edit: Updated with more samples.