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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

#231

Post by chc »

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.

You're using a very weird definition of the word "copy." They are similar in that they depict a similar object from the same angle using a "flat" artistic style, but nobody is going to look at them side by side and mistake one for the other for even a second. This seems a bit like saying the iPhone is a copy of a slice of bread because they are both rectangular with few surface features. If you were asked to copy something in a drawing class and gave such an unrecognizable result, you'd likely get an F for failing to follow the instructions.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#232

Post by electic »

lucisferre wrote: post #227
onemorepassword wrote: post #219

Earlier quoted context omitted.

That looks pretty much open and shut, as if using a vague DMCA in itself wasn't already enough of a hint. It's not even a rip-off. The basic pattern for the icons is insanely generic, and the execution is clearly different. The color scheme is a very common one. It bears a resemblance as much as one black leather shoe bears a resemblance to another black leather shoe. It's not even worth making a passing remark about…

Give me a break. One single misguided DMCA notice does not make one a copyright troll .

Sure it does. They misused it and it is highly likely they will file another notice for another Flat UI design that in the future, for whatever reason they think, look similar to their design.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#233

Post by lucisferre »

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...

The clock in question, aside from being an exact copy, was an example of a trademark infringement not copyright infringement. It's very different. In fact trademarks must be defended against infringement or they can be considered void.

http://en.wikipedia.org/wiki/Trademark#Maintaining_rights

If he had copied, even in just a similar way, LayerVault's logo to use as an icon (and assuming LV trademarked it) then this discussion would be pretty different.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#234

Post by vicbrooker »

mnicole wrote: post #222
SmeelBe wrote: post #215

Earlier quoted context omitted.

Google and Pantone - http://cl.ly/NO8C

Yup, Google's really no different. Had to do one myself just to check -- http://i.imgur.com/qJXJUaH.png

Does this mean I'm not allowed to use Google any more because they're using that colour palette on something that's free...?

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#235

Post by vicbrooker »

jakelazaroff wrote: post #226
LandoCalrissian wrote: post #200

Earlier quoted context omitted.

That's not a copyright violation.

I don't think it's a copyright issue, but between the colors, illustrations (some of which almost match exactly), and the appearance of the widgets, you could make a very strong case for trademark/trade dress violation.

Trademark and trade dress have nothing to do with a DMCA takedown though.

And besides, establishing an infringement of trademark and that it was then infringed will require an absolute mountain of cash and lawyers and time. I'm assuming they have nothing relating to the IP they're annoyed about on paper and so they'd need to show that they 'owned' it in equity. They'd almost certainly go bankrupt before they have a chance of winning a case in court.

(IANAL... yet)

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#236

Post by lucisferre »

electic wrote: post #232
lucisferre wrote: post #227

Earlier quoted context omitted.

Give me a break. One single misguided DMCA notice does not make one a copyright troll .

Sure it does. They misused it and it is highly likely they will file another notice for another Flat UI design that in the future, for whatever reason they think, look similar to their design.

> it is highly likely they will file another notice for another Flat UI design that in the future

Or, alternatively, they might realize what a mistake taking this approach was and never do it again. That's what I think is "highly likely" here.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#237

Post by ak217 »

etchalon wrote: post #214

I'm not a massive fan of the most of the responses in this thread. Any designer would look at Flat UI and immediately realize that they drew inspiration from LayerVault. The similarities aren't minor, in either style, tone, or techniques. The three icons DesignModo removed were the most obvious offenders. And by obvious, I mean, "Yeah, you completely ripped those". So DesignModo has absolutely no right, in any sense,…

"Drew inspiration" is not proper justification for a DMCA notice. The fact that they're illegally misusing that law is why I'm walking away from this with a very negative opinion of LayerVault.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#239

Post by pifflesnort »

lucisferre wrote: post #236
electic wrote: post #232

Earlier quoted context omitted.

Sure it does. They misused it and it is highly likely they will file another notice for another Flat UI design that in the future, for whatever reason they think, look similar to their design.

> it is highly likely they will file another notice for another Flat UI design that in the future Or, alternatively, they might realize what a mistake taking this approach was and never do it again. That's what I think is "highly likely" here.

I think trolling once still makes you a troll. It takes a certain sense of naive entitlement to issue a DMCA take-down notice without understanding the legal requirements or the very specific meaning of doing so.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#240

Post by lgsilver »

mrmaddog wrote: post #87

And here's a reply from Allan: https://news.layervault.com/stories/1992-layervault-whats-up... Looks like the pitchforks are out over on HN. It was pretty straightforward. Our reaction was "Cool, a flat UI theme" to "Wait, this looks familiar" to "Wait, are those our illustrations?". I contacted the designmodo people over email, because that's the right way to handle this. The owner was being stubborn at first and re…

Who are LayerVault's lawyers? Seems like bad legal advice to me...
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