271–280 of 386 posts
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I sang in a choir in grade 5 once. Would you consider me a singer?
Yes, a bad one by professional standards, but yes.
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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.
The only thing you can file a DMCA takedown notice for is a copyright issue. That's it. By filing a DMCA takedown notice you are asserting there is a 'copyright issue'.
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I sang in a choir in grade 5 once. Would you consider me a singer?
That is some ... facile ... logic. If you murdered someone in 1995, would you be a murderer?
As I replied to electic, how would you feel if I described myself as a singer upon meeting someone, having only sang for 3 minutes out of the decades of my life? "Oh, hi, I'm lowboy, and I'm a singer".
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…
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I'm not sure how they "misued" the DMCA. The law has specific mechanisms for notifying a hosted service of material which violates your copyright. If LV believes the work violates their copyright, they're well within their rights to request it be taken down. You might like the draconian nature of the laws mechanisms but it's not a "misuse". It's just "I don't like it when people use it."
They misused the DMCA because they did not own the copyright of the content they filed a DMCA against, plain and simple, and they made specific claims in the DMCA otherwise. Just because the icons were similar does not make that a copyright violation. LV either abused the DMCA out of ignorance or dishonesty. There is no other possibility here, and they deserve every bit of negative sentiment that has resulted against…
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Yes, a bad one by professional standards, but yes.
So how would you feel if I described myself as a singer upon meeting someone, having only sang for 3 minutes out of the decades of my life? "Oh, hi, I'm lowboy, and I'm a singer".
"one or more"
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The color schemes of LayerVault and FlatUI are also almost identical. http://pixxel.co/feed/layervault-issues-dmca-takedown
Let's add some google colors in this comparison http://cl.ly/NO8C
If it were ONLY the colors, or ONLY the look and feel of the widgets (which, come on, are almost exactly the same as well), or ONLY the icons… different story entirely. But it's the SUM of all of those things.
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So how would you feel if I described myself as a singer upon meeting someone, having only sang for 3 minutes out of the decades of my life? "Oh, hi, I'm lowboy, and I'm a singer".
Here is a description of a patent troll. In this case, we have a DMCA troll. "one or more" http://en.wikipedia.org/wiki/Patent_troll
So, no.
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So how would you feel if I described myself as a singer upon meeting someone, having only sang for 3 minutes out of the decades of my life? "Oh, hi, I'm lowboy, and I'm a singer".
Here is a description of a patent troll. In this case, we have a DMCA troll. "one or more" http://en.wikipedia.org/wiki/Patent_troll
Please answer my question about me describing myself as a singer. Would you feel I was being dishonest as describing myself as such?
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It's becaused they misused the DMCA to force removal of content that, while inspired by them, they actually don't own the copyright of. Vis., they are using the DMCA illegally to remove legal content.
I'm not sure how they "misued" the DMCA. The law has specific mechanisms for notifying a hosted service of material which violates your copyright. If LV believes the work violates their copyright, they're well within their rights to request it be taken down. You might like the draconian nature of the laws mechanisms but it's not a "misuse". It's just "I don't like it when people use it."
It looks more like someone came from the viewpoint of "let's make some icons like LayerVault's," which may or may not be an IP violation, but it certainly is not a violation of copyright.
If LV knows differently, they certainly don't appear to be interested in telling us how they know, hence the pitchforks.