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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

#361

Post by mnicole »

milkshakes wrote: post #341
alexpenny wrote: post #340

Earlier quoted context omitted.

> It's obvious upon inspection that a small portion of the graphical assets, as well as the overall color scheme are similar. Thank you for agreeing with my original comment. night!

I have been trying to communicate a concept to you, specifically that copyright infringement is not the same as copying a design. I fear that I have failed. Perhaps you can't hear me, and don't want to. Maybe you understand what it is that I am trying to communicate, but lack the tools with which to articulate your dissent. Either way, it appears that you're now simply arguing for the sake of arguing instead of respo…

Don't mind Alex, he made a fuss about the guy on the right jacking his design on the left a few months ago - http://cl.ly/image/1g3q372r1c2F/shot.jpg. Information designers would have a chuckle at that.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#362

Post by jnxfgf456 »

socalnate1 wrote: post #212
heliostatic wrote: post #191

Earlier quoted context omitted.

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

This is the essence of what is wrong with copyright law: "Apple paid $21 million for a clock design." I believe in the value and importance of design, but the money/value ratio of design IP has gotten out of hand.

Do you mean it is the essence of what is wrong with trademark law?

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#363

Post by coldtea »

lowboy wrote: post #257
pifflesnort wrote: post #239

Earlier quoted context omitted.

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.

I sang in a choir in grade 5 once. Would you consider me a singer?

At that point it time I would definitely consider you a choir singer, and rightly so.

And at THIS point in time, they DO file the DMCA thing.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#364

Post by coldtea »

lowboy wrote: post #279
electic wrote: post #276

Earlier quoted context omitted.

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

That doesn't really speak to the issue. Please answer my question about me describing myself as a singer. Would you feel I was being dishonest as describing myself as such?

Not at all.

It doesn't matter if you sang for 10 minutes or for 100 hours. There is no magic threshold number. If you identify yourself as a singer, you can claim to be one legitimately.

You would only be dishonest if you claimed to be a professional singer or a regular singer.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#365

Post by visarga »

jasonlotito wrote: post #354
chc wrote: post #342

Earlier quoted context omitted.

There aren't any examples of identical artwork from the two sources that I can see. There are links such as http://cl.ly/image/3Q181w0b1u2K that show substantially different artwork side by side. Do you really mean to tell me you can't see any difference between those? The only substantial similarity in either of those is the placement of the pins of the map. Notable differences: The clock: * The FlatUI one has a dro…

There are substantial similarities between the two. That it's not a 1 for 1 copy doesn't change the fact that they are substantially similar. Case in point. The text below has more difference contained within it then the list of 9 specific difference you listed in your post. Taken individually, they prove that I did not copy your post, and that what is below is original. However, any reasonable person would take a lo…

> There are substantial similarities between the two.

That's similarity, not copying. Copying is bit for bit or pixel for pixel identical.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#366

Post by visarga »

btilly wrote: post #174
elemeno wrote: post #114

Earlier quoted context omitted.

The rebuttal is a DMCA Counter-Notification. They're easy to write and just asset that you do in fact own the copyright, or are otherwise authorised the use the materials that the DMCA notice referred to. Once that's been done, the host has to restore the removed content within a certain time period and the issuers of the original notice have to take action directly against you (as in sue you) if they want to pursue…

The host cannot restore that content within 10 days. 10 days can be a long time to have stuff go unexpectedly offline.

Could be the death of a website / community.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#367

Post by visarga »

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,…

> realize that they drew inspiration from LayerVault

if (inspiration.drawnfrom("us")) { file.DMCA(); }

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#368

Post by visarga »

pi18n wrote: post #356
etchalon wrote: post #244

Earlier quoted context omitted.

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

Actually under no circumstances whatsoever can copying an icon cross the line into actual theft. It's possible to cross the line into actual copyright infringement.

Yeah, if the icon in discussion is pixel for pixel identical to the "original", including the dithering and anti-aliasing, that would prove copying.

But they have just similar concepts and colors. One black shoe might seem similar to another, but they don't infringe on copyright. One fashion creation from Zara might be quite similar to another one from a no-name, but if they slightly move one button or pocket, it's a new design.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#369

Post by chc »

jasonlotito wrote: post #354
chc wrote: post #342

Earlier quoted context omitted.

There aren't any examples of identical artwork from the two sources that I can see. There are links such as http://cl.ly/image/3Q181w0b1u2K that show substantially different artwork side by side. Do you really mean to tell me you can't see any difference between those? The only substantial similarity in either of those is the placement of the pins of the map. Notable differences: The clock: * The FlatUI one has a dro…

There are substantial similarities between the two. That it's not a 1 for 1 copy doesn't change the fact that they are substantially similar. Case in point. The text below has more difference contained within it then the list of 9 specific difference you listed in your post. Taken individually, they prove that I did not copy your post, and that what is below is original. However, any reasonable person would take a lo…

No, that is much more similar. You changed a couple of words and punctuation and reordered a couple of paragraphs. Those are minor changes. It is substantially the same as what I wrote, with far more similarities than differences. The similarities are so overwhelming that without careful inspection, it could be mistaken for an exact textual copy of my comment with some of the paragraph breaks omitted. The same is not true of the graphics in question. A cursory glance at those will reveal obvious differences.

A better refutation would be to produce a well thought-out comparison of the two graphics that shows substantial similarity. I compared them as best I could and most of the artistic decisions seemed to be different between the two. If you have reached a different conclusion, I would love to see your analysis to compare.

If you haven't analyzed them in as much detail as I did and reached a different conclusion, I don't see why you felt it was intellectually honest to take a computerized copy of my comment and claim it as containing "more difference."

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#370

Post by SmeelBe »

integraton wrote: post #303
lucisferre wrote: post #236

Earlier quoted context omitted.

> 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.

> they might realize what a mistake taking this approach was and never do it again It doesn't seem like he's learned anything, considering he's making jokes about it on twitter: https://twitter.com/Allan/status/309415721941753857 https://twitter.com/Allan/status/309416516372275200 https://twitter.com/Allan/status/309351344769204224

Here is good point view - http://manufacturednormalcy.com/?p=70
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