Flat UI DMCA Takedown • Hacker News Board

Re: Flat UI DMCA Takedown

#21

Post by emn13 » Fri, Mar 08, 2013, 8:15 AM UTC

AliAdams wrote: post #18

pyre wrote: post #14

Earlier quoted context omitted.

The basic idea is that for a provider (Github, Google, etc), to keep their Safe Harbour protections, they have to act like a 'dumb pipe' and just obey these notices. Just like how the phone companies trying to keep their Common Carrier status[1]. Even without the DMCA, if the service provider interjects itself into the dispute they risk legal action against themselves. For example, they could evaluate the claims wron…

Thanks for the full explanation. So are there no repercussions on the filing party unless the defending party seeks legal action? If the system is blind and you have a somewhat decent legal team you could surely hamstring your competition particularly on more subjective cases like this. 15 days can be a big hit (eg taking a site off google around Christmas)

Yeah, that waiting period is pretty ridiculous.

Re: Flat UI DMCA Takedown

#22

Post by akakey » Fri, Mar 08, 2013, 8:18 AM UTC

question is, whom do I send a DMCA notice about a person who is slightly younger but looks like me, not even exactly like but, uh, like me.

Re: Flat UI DMCA Takedown

#23

Post by porker » Fri, Mar 08, 2013, 8:25 AM UTC

pyre wrote: post #14

kombine wrote: post #2

Just read the DCMA notice. Does it really mean anyone can write this sort of message, without any details or proof and you have to oblige to it?

The basic idea is that for a provider (Github, Google, etc), to keep their Safe Harbour protections, they have to act like a 'dumb pipe' and just obey these notices. Just like how the phone companies trying to keep their Common Carrier status[1]. Even without the DMCA, if the service provider interjects itself into the dispute they risk legal action against themselves. For example, they could evaluate the claims wron…

Is there any checking that the named submitter actually submitted it? Anything to prevent someone forging a DMCA? Daft to do no doubt, but still an option to damage a company.

Re: Flat UI DMCA Takedown

#24

Post by markdown » Fri, Mar 08, 2013, 8:26 AM UTC

donpark wrote: post #17

I think these are the icons in question from LayerVault, DesignMode, and similar icons from Noun Project. http://imgur.com/IH1osAD

And here's an icon from Facebook's new feed design:

http://i.imgur.com/h07jo3d.png

Re: Flat UI DMCA Takedown

#25

Post by tjoff » Fri, Mar 08, 2013, 8:29 AM UTC

overshard wrote: post #8

This was a big article already not even two days ago on HN: http://news.ycombinator.com/item?id=5331766 Why is this being upvoted a 2nd time in the same week to the top of the homepage...

Why not? Seriously.

Re: Flat UI DMCA Takedown

#26

Post by ryanpetrich » Fri, Mar 08, 2013, 8:31 AM UTC

porker wrote: post #23

pyre wrote: post #14

Earlier quoted context omitted.

The basic idea is that for a provider (Github, Google, etc), to keep their Safe Harbour protections, they have to act like a 'dumb pipe' and just obey these notices. Just like how the phone companies trying to keep their Common Carrier status[1]. Even without the DMCA, if the service provider interjects itself into the dispute they risk legal action against themselves. For example, they could evaluate the claims wron…

Is there any checking that the named submitter actually submitted it? Anything to prevent someone forging a DMCA? Daft to do no doubt, but still an option to damage a company.

Penalty of perjury.

Re: Flat UI DMCA Takedown

#27

Post by dangrossman » Fri, Mar 08, 2013, 8:32 AM UTC

emn13 wrote: post #21

AliAdams wrote: post #18

Earlier quoted context omitted.

Thanks for the full explanation. So are there no repercussions on the filing party unless the defending party seeks legal action? If the system is blind and you have a somewhat decent legal team you could surely hamstring your competition particularly on more subjective cases like this. 15 days can be a big hit (eg taking a site off google around Christmas)

Yeah, that waiting period is pretty ridiculous.

Unless the infringement is real, where the harm to the original creator can be just as great. That waiting period gives them time to go to court and get an injunction before a falsely filed counternotice puts the illegal copies back online, potentially ruining a product launch or otherwise devastating their brand/income from the original.

Re: Flat UI DMCA Takedown

#28

Post by pkorzeniewski » Fri, Mar 08, 2013, 8:34 AM UTC

donpark wrote: post #17

I think these are the icons in question from LayerVault, DesignMode, and similar icons from Noun Project. http://imgur.com/IH1osAD

So they have taken down the whole project just because of three similar looking icons? That's ridiculous

Re: Flat UI DMCA Takedown

#29

Post by minimaxir » Fri, Mar 08, 2013, 8:36 AM UTC

overshard wrote: post #16

usaphp wrote: post #13

Earlier quoted context omitted.

because they actually took it down.

It was actually down at the time of that post too. I know because I was using Flat UI in a new project and had to ditch their vector illustrations which were the items in question from this DMCA.

They took it down, but you used to get a 404 when you visited the repo. This is the first time that it explicitly says that a DMCA request was executed.

Re: Flat UI DMCA Takedown

#30

Post by krichman » Fri, Mar 08, 2013, 8:38 AM UTC

zizee wrote: post #20

askimto wrote: post #15

Something can be a "rip off" and not infringe.

My feeling is that you should be able to imitate something without infringing on copyright, but not everyone agrees: http://www.dpreview.com/news/2012/01/25/Imitated_Image_Copyr...

Oh, hey, I remember being angered by that story. That was a UK case and so hopefully it's irrelevant to the US. The US is IMO more reasonable than that with respect to parody and imitation.

LayerVault should have gotten a design patent. That works pretty well regarding trivial bullshit like corner radii, so it probably covers icon similarity also.