141–150 of 151 posts
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That only applies to trademark, not copyright.
If you'll indulge a little contextual Show HN, I made a single-page site that lays out the differences between the three major IP law domains: http://iplaws.info
Clearly this infringes on LayerVault's copyright.
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I could understand a DMCA if the icons were direct copies and if FlatUI had not responded to any email requests. Even then it's a good idea to put up a quick and easy comparison sheet. But for things like "3 cogs" (cogs are different sizes, different colours, different numbers of teeth, different orientation) it's ridiculous to DMCA it. 3 Cogs is so generic that it's an annoyance to engineers. (Because the cogs are u…
Comparison image for anyone who is interested. http://imgur.com/ejGIlx0 Left one is Flat UI and right one is Layer Vault.
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I don't. Can you explain?
An HN member created a new blog thing; invite only; very designery. They were trying to build a brand for great writing. The way it was presented to the HN audience was sub-optimal - "Here's the great new shiny thing. You can't use it, you're all stupid." Someone very quickly ripped it off. There was intense discussion. Some people felt it's fair game to rip off the design. Other people felt it was a poor copy. Other…
a svbtle page: http://benyu.org/net-worth
obtvse page: http://jackdempsey.me/migrating-to-obtvse
wp-svbtle: http://wp-svbtle.themeskult.com/
I believe obtvse at the time of the dispute was more directly ripping off svbtle than it is now, but I could be misremembering.
The unintentional pretentiousness of svbtle was amusing at the time and I can remember the urge to create a clone and replace the dammned kudos hover trap with a fontBomb[1].
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Thanks for the explanation, two questions: 1) what happens with perjury? how severe is "penalty of perjury"? If at point 5, LayerVault chooses not to take legal action (say, because they realized their mistake), did they just take some random piece of work offline for 10-14 days without any consequence? What if they do take legal action and lose? 2) You say the provider has to act like a "dumb pipe" and just obey the…
| 1) what happens with perjury? how severe is "penalty | of perjury"? Penalty of perjury probably varies from jurisdiction to jurisdiction. I'm not a lawyer, so I'm not entirely sure. I would presume that this would be at the Federal level since the DMCA is a Federal law, as is copyright law. According to Wikipedia[1]: > In the United States, for example, the general perjury > statute under Federal law classifies per…
As stated, in this case it's very unlikely there would be any consequences because perjury convictions are rare. However, it's worth noting that if any individual made a habit of this behaviour (false DMCA takedowns) then the probability of facing a charge would likely escalate.
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Well that's the thing, I actually thought my backup strategy was decent enough. Multiple versioned copies in multiple places. My desktop was being backed up nightly to a remote source. Though it was the laptop (which wasnt being backed up) which I was doing the work on / changes to. But I saw that layer vault was syncing the changes to the desktop so figured it was fine. So it went Laptop -> Layer Vault -> Desktop ->…
yeah could have easily happened to myself, things like that happen. What i dont understand is why your Remote Backup Source has only one (the latest) version of the file ?
As the Desktop was getting the changes via the LayerVault syncs (simliar to say a Dropbox folder) each sync from LayerVault was sending a corrupted file.
So there were plenty of 'versions' of the file in remote backup, except these were all totally corrupted!
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Comparison image for anyone who is interested. http://imgur.com/ejGIlx0 Left one is Flat UI and right one is Layer Vault.
Anyone else troubled by the idea of three interlocking cogs? I mean, it's an icon meaning deadlock, right?
I know other people have discussed it, but my search engine skills are too weak to find anything at the moment.
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I actually did. I was told by @Allan -- the founder of LV -- that I was "trolling", "writing inflammatory blog posts", that my "entire base of argument was based on the wrong facts". All in all, a very obtuse strawman argument, so being well spoken, sincere in many ways, will only lead to that sort of reaction from LV.
I'm not calling you a liar, but it's helpful in these situations if you can link to something that supports your claims.
So it seems that you have to provide exactly zero proof and your word (in a good faith) is enough to take a repository down. There is no way to verify anything and in order to stay safe they (github in this case) have to take the content down. Now imagine I file a takedown notice for every aspiring project posted here on HN that is hosted on github. They take a pretty good hit from it I'd assume, to be silenced on th…
It means that hosting public data in a US-based cloud means opening up yourself to a single point of failure! I'm not entirely sure whether you can submit a DMCA takedown request if you're not a citizen of the USA. For once, you need to provide US-based contact info. However, I am not sure if the service provider needs to check whether this contact info is correct before takedown. So it seems that any public-facing d…
So you can't just have an agent do the request on your behalf?
Did LayerVault try to contact Flat UI to discuss their grievances before sending a DMCA Takedown? If so, what was the result of that conversation. If not, why didn't LayerVault pursue that path before posting this to Github? We in tech need to be good to each other because other corporate interests and patent trolls won't be. We should always give each other the benefit of the doubt and try to resolve issues without…
Layervault emailed the flat UI creator to ask him to take it down, flat UI refused because they didn't believe their work was infringing. Layervault kept pestering the guy, and eventually he gave up and removed a couple of the icons. And then layervault took this cooperation to be an admission of guilt and sent a DMCA takedown notice.
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Can you revoke a DMCA request you issue? This would be the reasonable way to handle mistakes. If the defending party, clears up all misunderstanding and proves to the other party that they made a mistake before 15 days is up, they should have to pull the DMCA request or suffer a larger burden of proof that they were acting in good faith.
Information obtained after the DMCA takedown request was issued shouldn't affect whether or not the request was made in good faith ex post facto. Currently there are no penalties (specified in the DMCA) for not withdrawing the request once it's become clear that it's bogus. There may be other ways under the law to get punished for a lack of action though. E.g. there may be case-law that states you can be penalized fo…
