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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

#181
post #95

Earlier quoted context omitted.

Huh? Not the same.

Designer News icon: http://imgur.com/a/H3zlP Noun Project: http://thenounproject.com/noun/newspaper/#icon-No6346 Flat-UI's newspaper icon: http://i.imgur.com/9TKbKNl.png If anything, the Designer News icon is much more similar to the Noun Project's. All of these icons are similar to innumerable newspaper icons, including several at the Noun Project alone.

I agree.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#182

Earlier quoted context omitted.

What evidence? What am I missing? Does someone have a link to the Flat UI icon he's referring to? The impression I got from his message is, Flat UI included a verbatim copy of the DN icon .

That's the impression he wants you to get, but you are being deceived by his misleading wording. Flat-UI's newspaper icon is different than the DN icon.

I see that now. Thanks!

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#183

Does anyone notice a striking similarity between the "Debian swirl" and the e in Designmodo? It's obviously not a copy of it, but rather an "inspired version" of it. With that being said, it's definitely possible that designmodo didn't copy layervault, but rather was "inspired" by them. Not sure how that would stand up legally, but I would say that if I were designer, it would be "ethically annoying".

Everything in design is inspired. This has been a basis for debate since the beginning of copyright law but it has been decided for a long time that inspiration alone is in no way infringement.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#184

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.

The analog clock designs with the red seconds hand are all simplified versions of they style popularized by the swiss railway clock: https://www.google.com/search?q=swiss+railway+clock that can be seen in many clock products: https://www.google.com/search?q=clock+red+second+hand&hl...

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#185

Someone please lend LayerVault some contrast. http://i.imgur.com/jfSuxcK.png http://i.imgur.com/cMO4lxA.png http://i.imgur.com/JnaZdN7.png I cannot believe a "top notch" design house can get this so wrong. Edit: Designer News seems to suffer from the same affliction. https://news.layervault.com/ A lot of sites that are HN these days seem to lack contrast, what's up with that?

It's what happens when you design a page in photoshop. take a step back, look at the whole page without trying to pick out any details, and the page is generally very attractive.

The problem is, of course, a good page design should try to call out specific detail.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#186
post #103

Earlier quoted context omitted.

A really good way to coerce the pitchforks back into their sheds is to provide proof, especially when your DMCA is vague and posted on a ridiculously public platform. Allan has done neither, and still hasn't done so in his tweets or this post over on his bubbly walled garden. A few simple side-by-side screenshots would have sufficed and put the court of public opinion squarely on his side. He may be completely in the…

DMCA takedowns are basically form letters. There is no place to put the full explanation. Second, it was Git Hub that posted it publicly, not the DMCA issuer. Yes, a full explanation would be nice too.

Though much is boilerplate, it's also irrelevant.

Here, we have a DMCA takedown notice that lacks two of the necessary elements: specific identification of the copyrighted work infringed as well as the infringing material.

It doesn't take much to meet these elements, which together would have also allayed public concerns. Barring that, however, it's not a valid notice. As a result, Github has no duty to act as the courts have explicitly affirmed.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#187

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.

The color schemes of LayerVault and FlatUI are also almost identical. http://pixxel.co/feed/layervault-issues-dmca-takedown

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#188

Earlier quoted context omitted.

Here are a thousand other ways to design a clock. http://dribbble.com/search?q=clock+icon

What exactly is the point you're trying to make?

Swanson asked: It's a clock - how many unique ways are there to design it?

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#190

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…

Filing a DMCA request when you don't have a very solid copyright claim can be dangerous:

https://www.eff.org/press/archives/2004/10/15

I doubt this case will escalate to that, but at the very least I think I can safely say LayerVault is the loser here. I was only scarcely aware of LayerVault previously with no specific opinion and now after hearing the claims and seeing the supposed "proof" I have a negative opinion. And for what gain?

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