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Flat UI DMCA Takedown

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Re: Flat UI DMCA Takedown

#41

Post by mproud »

akakey wrote: post #22

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.

You can try a lawsuit for anything, about anything. It comes down to how likely it will be held up in a court of law, and generally, it helps if a precedent already exists.

As unlikely as it may sound, there have been lawsuits somewhat like what you describe. Perhaps most notorious is a tattoo artist claiming IP on Mike Tyson’s face tat visibly shown on Ed Helm’s character’s face, being used without permission. The artist sued Warner Bros. (I believe) for damages and asking to be taken down. IIRC the judge was very close to issuing an injunction against /The Hangover 2/. Not sure what ended up happening; probably settled out of court.

Re: Flat UI DMCA Takedown

#42

Post by ed209 »

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…

guilty until proven innocent.

thanks for the explanation, I never realised it was like this.

Re: Flat UI DMCA Takedown

#43

Post by cientifico »

moondowner wrote: post #36
pkorzeniewski wrote: post #28

Earlier quoted context omitted.

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

And the colors used are exactly the same: http://pixxel.co/feed/layervault-issues-dmca-takedown

I think they copy that from kuler from adobe. It is not the first time i see that colors for sure.

Re: Flat UI DMCA Takedown

#44

Post by pkorzeniewski »

moondowner wrote: post #36
pkorzeniewski wrote: post #28

Earlier quoted context omitted.

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

And the colors used are exactly the same: http://pixxel.co/feed/layervault-issues-dmca-takedown

They are very similar, but not exactly the same - you could as well say that LayerVault used Google's pallete: http://i.imgur.com/JaR2foO.png

There is no doubt that the Flat UI was highly inspired by LayerVault, but c'mon, you can't restrict a certain style or color pallete from being used.

Re: Flat UI DMCA Takedown

#45

Post by forwardslash »

salmanapk wrote: post #39
abcd_f wrote: post #9

LayerVault, the same people who brought you DesignerNews. If that's indeed them who sent the notice, they are just shitting all over their reputation and alienating a lot of people. Talk about "starting off on the wrong foot"... and for what? A design that is border-line trivial. It would seem that their best option for getting the situation under control is to release their own version of the toolkit. A version that…

Damn people are so dumb.. way to ruin your reputation. This is why I should start my own start-up :| Oh and did the developer of Flat UI file a counter takedown notice? Edit: Sorry if I offended anyone, just posted what I thought.

They did: https://github.com/github/dmca/blob/master/2013-03-06-LayerV...

Re: Flat UI DMCA Takedown

#47

Post by growse »

moondowner wrote: post #36
pkorzeniewski wrote: post #28

Earlier quoted context omitted.

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

And the colors used are exactly the same: http://pixxel.co/feed/layervault-issues-dmca-takedown

Last I checked, you can't copyright a collection of colours.

Re: Flat UI DMCA Takedown

#48

Post by lmm »

krichman wrote: post #32
ryanpetrich wrote: post #26

Earlier quoted context omitted.

Penalty of perjury.

As posted a couple of days ago it seems like the only penalty of perjury matter is that you are the copyright holder or can legally represent the copyright holder. I also don't see what would stop someone from sending thousands of DMCA takedowns from TOR or some anonymising VPN, laying waste to an entire website for 10 days.

You're also required to have a good faith belief that the content is actually infringing. Not easy to prove you're not, but it's something.

The EFF's "dancing baby" lawsuit is still going; if they win that will set a stronger precedent for forcing copyright owners to first consider fair use.

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