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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

#261
post #257

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?

[deleted]

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#262
post #257

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?

That is some ... facile ... logic.

If you murdered someone in 1995, would you be a murderer?

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#263
post #257

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?

Yes, a bad one by professional standards, but yes.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#264
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…

Here's the side by side comparison Noun Project vs Layer Vault vs Flat UI http://imgur.com/IH1osAD If anyone notice other similar icons, I can update image with side by side comparison. *Thanks to fellow HNers for the links to the images. I just stuck it all together side by side. Edit: Updated with more samples.

The prototypical talking head with speech bubble: http://www.guidebookgallery.org/pics/gui/installation/comple...

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#265
post #126

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 .

"... they even managed to kinda lift the old DN icon ..." I think you misunderstand. I'm not arguing as to whether the Flat UI guys copied them or not, but like the larger argument, the icon he is putting forward as copied work is itself conceptually very similar to other existing icon work(s). As a designer I would be more than a little miffed if that design appeared if I had created the Noun Project's version and n…

Similarity is completely irrelevant. If we independently arrive at the same original work then that is not copyright violation. That's not what copyright is about. We then each hold the copyright of our respective works, even if they're completely identical (in practice it will probably be hard to proof that you didn't just copy the other work if they're really identical).

IANAL, but that's what I was told by a law student.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#266

Earlier quoted context omitted.

That looks pretty much open and shut, as if using a vague DMCA in itself wasn't already enough of a hint. It's not even a rip-off. The basic pattern for the icons is insanely generic, and the execution is clearly different. The color scheme is a very common one. It bears a resemblance as much as one black leather shoe bears a resemblance to another black leather shoe. It's not even worth making a passing remark about…

Give me a break. One single misguided DMCA notice does not make one a copyright troll .

It doesn't make them a troll (IMO, you need to have a pattern of behavior to be a real troll) but it makes them potentially guilty of perjury, which is kind of a big deal.

DMCAs shouldn't be filed lightly (unless you have the legal resources of the RIAA/MIAA/etc to dissuade your targets from retaliation).

Not a lawyer, and haven't talked to a lawyer? Don't file a DMCA no matter how butthurt you are about being 'copied'. Just because it is relatively easy to do doesn't mean you should do so in the spur of the moment. It is a Real Legal Thing with Real Ramifications, and this is good because it limits the amount to which bad actors can abuse it, but it also means you should be really sure you're the victim of copyright violations prior to using it yourself.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#267

Earlier quoted context omitted.

That looks pretty much open and shut, as if using a vague DMCA in itself wasn't already enough of a hint. It's not even a rip-off. The basic pattern for the icons is insanely generic, and the execution is clearly different. The color scheme is a very common one. It bears a resemblance as much as one black leather shoe bears a resemblance to another black leather shoe. It's not even worth making a passing remark about…

Give me a break. One single misguided DMCA notice does not make one a copyright troll .

This is a legal issue. It's not a joke. It looks like LayerVault's founder turned quickly to legal bullying in a situation where he apparently has little to no justification. Just responding to and dealing with a DMCA notice like this would cost hundreds or thousands of dollars in attorney fees.

People who drag others into expensive, unwarranted legal situations are a blight on the entrepreneurial community.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#268
post #252

Earlier quoted context omitted.

One who trolls with copyright is a copyright troll. This is not a difficult concept.

Making a mistake is not the same thing as trolling. Trolling is being willfully wrong, usually to gain some benefit (eliciting a pleasurable response, financial gain). Showing that they were incorrect does not show they are a troll.

If LayerVault made a mistake and apologized, sure. But one look at their twitter page & their response on designer news implies no apology is forthcoming. So, they are copyright trolls and bullies. They are not only running against the spirit of the law, but also the letter of it.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#269

Earlier quoted context omitted.

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."

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 them.

Re: LayerVault Sends DMCA Takedown Letter re Flat-UI

#270
post #203

Earlier quoted context omitted.

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.

[deleted]

I am not affiliated with layervault, none of the work linked is mine.
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