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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

#241

Post by mrgoldenbrown »

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,…

I think you are confused about what we are most upset about. You don't even mention the DMCA once in your comment. The DMCA, and abuse of it, is something that gets HN's dander up. As far as we can tell, LV perjured themselves, either intentionally or through ignorance of what copyright actually means. The result is that legal material will have been taken off the internet for 10 days, with no repercussions, despite the (presumably) false claims made by LV. It is in this context that people are breaking out the pitchforks. If LV had made a blog post complaining about the "rip", they probably would have gained HN's sympathy.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#242

Post by deizel »

ebbv wrote: post #209
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.

s/Fluid/Flat

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#243

Post by mrgoldenbrown »

saiko-chriskun wrote: post #62
jbverschoor wrote: post #43

Damn.. I think I'll send myself a DMCA notice, post it on HN and get lots of traffic and noise around my brand

this is not good noise :/

I think he is looking at it as good from the the side getting the notice, not giving it.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#244

Post by etchalon »

ak217 wrote: post #237
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.

It is when it crosses the line into actual theft, which three of those icons apparently did.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#245

Post by cmeranda »

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.

Even if they self-correct, it's how they'll be treated. They just tapped into a massive vein of loathing for vague DMCA notices (particularly on the design trend front), and did it quite effectively. In the case of incendiary actions with ugly consequences, once is enough to brand you.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#246

Post by Karunamon »

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 .

One who trolls with copyright is a copyright troll. This is not a difficult concept.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#247

Post by lowboy »

dzlobin wrote: post #92
andyl wrote: post #63

I 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

Similarities in design doesn't warrant a DMCA takedown notice, period.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#248

Post by camworld »

Congratulations to LayerVault on their biggest day of traffic ever. Whether this brew-ha-ha was intentional or not, a lot more people are now aware of them than before today.

I like browsing their Designer News links on a daily basis, but I would think twice about signing up for a service run by people with questionable character and morals, which is the feeling I am coming away with after reading through this thread.

This whole thing could have been handled a lot better and with far more professionalism.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#249

Post by ak217 »

etchalon wrote: post #244
ak217 wrote: post #237

Earlier quoted context omitted.

"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.

It is when it crosses the line into actual theft, which three of those icons apparently did.

You have a very poor understanding of DMCA if you think that. There is no way that law can apply here.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#250

Post by etchalon »

mrgoldenbrown wrote: post #241
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,…

I think you are confused about what we are most upset about. You don't even mention the DMCA once in your comment. The DMCA, and abuse of it, is something that gets HN's dander up. As far as we can tell, LV perjured themselves, either intentionally or through ignorance of what copyright actually means. The result is that legal material will have been taken off the internet for 10 days, with no repercussions, despite…

Reading through the comments, I do see a few mentions of the DMCA, but there's plenty of "they don't own turquoise!" type comments as well.

If you're upset they used the DMCA (a legal tool made specifically for this type of situation), I guess that's fair, if slightly myopic.

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