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LayerVault Sends DMCA Takedown Letter re Flat-UI

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Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#201

Post by ender7 »

For the lazy, here's a summary of the claims that LV/DN is making:

Some icons appear to be heavily inspired by LV.

Here are three icons (circled) from Flat-UI: http://i.imgur.com/xDDULcG.png

You can see that the gears and news icons do bear some similarity to LV's versions: http://dribbble.com/shots/800428-LayerVault-icon-set-for-del... and http://imgur.com/rli5IVU (the latter via http://news.ycombinator.com/item?id=5332741)

In addition, LV claims that Flat-UI ripped off a number of other icons from dribble.com, such as this clock and map (Flat-UI above, originals below): http://cl.ly/image/3Q181w0b1u2K (original dribble links: http://dribbble.com/shots/695458-Nasa-Playbook-Icons and http://dribbble.com/shots/877061-Map-2013).

Finally, the color schemes have been claimed to be identical: http://pixxel.co/feed/layervault-issues-dmca-takedown

LV appears to be confused as to what constitutes copyright infringement. None of these icons are actually copies of the original, and even if they were LV would not have a right to issue a DMCA takedown for the ones they didn't own.

This seems to be a massive PR blunder for the LV guys. They could have put up a blog post enumerating how many of their (and others') designs were ripped off (which is not the same thing as copyright infringement) and probably garnered some internet sympathy. Now, by misusing the much-hated DMCA takedown notice they've positioned themselves in the same camp with all the DMCA bullies we have grown to loathe.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#202

Post by jre »

heliostatic wrote: post #191
swanson wrote: post #163

Earlier quoted context omitted.

Seriously? It's a clock - how many unique ways are there to design it? It's a folded up map with pins in it. He moved the hour/minutes hands, changed the colors and shadows, used different continents in the map.

Seriously? Apple paid $21 million for a clock design after first adopting your attitude: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202...

Apple's clock was an exact copy of the swiss railway clock. In this case, the rounded corners are different, the color is different, the shadow is different, the lengths of the lines are different.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#203

Post by [deleted] »

alexpenny wrote: post #157
mikeash wrote: post #152

Earlier quoted context omitted.

"Eventually, he removed the most blatant icons which (in my eyes) is an admission of guilt." Sure, couldn't possibly be that he just wanted to do whatever it took to get you to leave him alone.

Here are the icons in question. http://i.imgur.com/xDDULcG.png Also, the Flat-UI guy also copied other artists on dribbble. http://cl.ly/image/3Q181w0b1u2K From http://drbl.in/eXkk , and http://drbl.in/gmsD I'm not saying these are in copyright violation, merely examples he has copied prior work.

[deleted]

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#204

Post by integraton »

vicbrooker wrote: post #170
justjimmy wrote: post #150

Complete Side by Side Comparison TLDR: Noun Project vs Layer Vault vs Flat UI http://imgur.com/IH1osAD 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.

There's arguably the talking heads as well: http://dribbble.com/shots/800428-LayerVault-icon-set-for-del... http://i.imgur.com/xDDULcG.png

That talking head / speech bubble concept is generic:

https://www.google.com/search?q=%22talking+head%22+bubble&#3...

The Noun Project also has a profile speech version, though with curved lines instead of the bubble: http://thenounproject.com/noun/speech/#icon-No1202

Flat UI's version might have been partially inspired by LayerVault, but it's far from identical. In fact, the Flat UI head is very similar to the Noun Project's head, similar to how the LayerVault's newspaper is similar to the Noun Project's.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#206

Post by vicbrooker »

I can't help but think this sort of thing is going to happen more and more as we move towards a flat/minimalist UI.

I've read comments (not on HN) from people who have endorsed the DMCA takedown because of their personal ethics and morals rather than knowledge of the law. Particularly one who claimed that the similar colour palettes between LV and Flat UI justified the takedown - even though colour palettes themselves are currently not copyrightable subject matter. To win on those grounds you'd need a genius (and crazy) lawyer and a judge who is either asleep at the wheel or bribed. Then you'd lose on appeal anyway.

Colours can be only trademarked. Using that colour is not a copyright violation. Hence no DMCA.

It makes me sad that as we all move towards minimalist design startup founders will need to know IP law better than a few years ago. Some of this is due to trolling and some because of a mislead or otherwise naive understanding of the law like I mentioned above. It's just adding pressure on founders that we don't really need and more work for lawyers.

A lot of us are doing whatever we're doing for the first time and that makes us (potentially) easy targets. A better knowledge of the law in this scenario might have prevented everything from blowing up like it has. But Flat UI and Layervault wouldn't have had as much energy put into the product and so everyone suffers.

Then again I'm in law school right now so at least I know there's a job in all of this if i ever need it :-/

I guess I just wish we could stop bickering about stuff like this and get on with building cool stuff.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#207

Post by mootothemax »

justjimmy wrote: post #154
jgj wrote: post #103

Earlier quoted context omitted.

A really good way to coerce the pitchforks back into their sheds is to provide proof, especially when your DMCA is vague and posted on a ridiculously public platform. Allan has done neither, and still hasn't done so in his tweets or this post over on his bubbly walled garden. A few simple side-by-side screenshots would have sufficed and put the court of public opinion squarely on his side. He may be completely in the…

Here's the side by side comparison Noun Project vs Layer Vault vs Flat UI http://imgur.com/IH1osAD 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.

Three gears together doesn't seem to be that novel an idea either: http://thenounproject.com/noun/gears/#icon-No8949

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#208

Post by vicbrooker »

ender7 wrote: post #201

For the lazy, here's a summary of the claims that LV/DN is making: Some icons appear to be heavily inspired by LV. Here are three icons (circled) from Flat-UI: http://i.imgur.com/xDDULcG.png You can see that the gears and news icons do bear some similarity to LV's versions: http://dribbble.com/shots/800428-LayerVault-icon-set-for-del... and http://imgur.com/rli5IVU (the latter via http://news.ycombinator.com/item?id=…

Colour schemes are irrelevant to the DCMA as they can't be copyrighted, though they can be trademarked in some circumstances. Either way there isn't a relevant infringement.

Hope it wasn't the basis for the DMCA takedown...

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#209

Post by ebbv »

ender7 wrote: post #201

For the lazy, here's a summary of the claims that LV/DN is making: Some icons appear to be heavily inspired by LV. Here are three icons (circled) from Flat-UI: http://i.imgur.com/xDDULcG.png You can see that the gears and news icons do bear some similarity to LV's versions: http://dribbble.com/shots/800428-LayerVault-icon-set-for-del... and http://imgur.com/rli5IVU (the latter via http://news.ycombinator.com/item?id=…

Bears a resemblance is not enough for DMCA. LV was stupid to file a DMCA on this. It was clearly a scare tactic and all it did was make them look like petulant children.

If Flat UI had really stolen assets, that would be one thing.

But aping a design isn't the same thing as stealing. See also: Apple v. Samsung.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#210

Post by SmeelBe »

ender7 wrote: post #201

For the lazy, here's a summary of the claims that LV/DN is making: Some icons appear to be heavily inspired by LV. Here are three icons (circled) from Flat-UI: http://i.imgur.com/xDDULcG.png You can see that the gears and news icons do bear some similarity to LV's versions: http://dribbble.com/shots/800428-LayerVault-icon-set-for-del... and http://imgur.com/rli5IVU (the latter via http://news.ycombinator.com/item?id=…

"In addition, the color schemes have been claimed to be identical: http://pixxel.co/feed/layervault-issues-dmca-takedown

Flat UI has more than 20 colors. LV just 7?...

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