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Flat UI DMCA Takedown

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51–60 of 151 posts

Re: Flat UI DMCA Takedown

#51
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…

Designmodo announced Flat UI Free v.1.1 is public Now! Download updated version - http://designmodo.com/flat-free/ PSD & HTML (Twitter Bootstrap based)!

Create a new topic guys!

Re: Flat UI DMCA Takedown

#52
If you want to speak up, don't hesitate to contact LayerVault's support ( support@layervault.com ) and let them know, respectfully, how you feel. You can also tweet your opinions @layervault.

I stress respectfully. Try to be well spoken and sincere.

Re: Flat UI DMCA Takedown

#53
This all relates to trade dress, not copyright per se. there's also the question of originality i.e: Two men are wearing suits. Both suits originate in previous suits. The similarities that they therefore share would be those attributes of the suit that is not encompassed by previous works. So therefore, even though the two suits the two men may be wearing appear virtually identical, they are indeed not and do not share any substantial similarities to one another.

it's trés bothersome when designers behave like this when they're themselves just un/consciously influenced by previous artmovements and designers (florian freundt(2003), matias duarte spring to mind).

Re: Flat UI DMCA Takedown

#55
I hope that won't set a precedent on Github and we won't start seeing abusive and/or automated dmca's on repositories all around because "similar images were matched", youtube-style.

Re: Flat UI DMCA Takedown

#56
post #20
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...

But then the question arises, is the person consciously aware of his influences or is he/she just building upon cultural memory? I mean were the DM designers at or about the moment where they released or designed their products had conscious exposure or borrowed either consciously or unconsciously using any of the imagery of LV. There's a lot of unknown unknowns in this whole mess, well to be fair in all affairs of this sort, you'd have to know what the artist and designers were actually thinking when they were going through their creative process, which you nor I cannot do. For all we know, some of these items could be their inspiration. We also don't know the reading habits or exposure to culture that they may or may not have had as young adults, or even as adults where they may have, for example, forgotten specific elements of exposure, and that's sort of one part.

the other part deals strictly with derivatives (creative meaning, not legal) What I mean is that strictly speaking, the new art movement influenced the "flat ui" movement, a folded newspaper is clearly an influence for the nuon project, dribbble iconry, DM flat ui representation and the LV icon. In much the same way a set of gears are derivative of a set of.. gears, which has been represented in too many ways in art that it's lost the entire concept of originality.

and Originality, due to Barthe's work on the Death of authorship, is quite moot at this point.

Re: Flat UI DMCA Takedown

#57
post #14
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…

Thanks for a proper explanation!

Re: Flat UI DMCA Takedown

#58
post #47

Earlier quoted context omitted.

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.

I'd disagree. IANA(IP)L.

However in order to win an infringement claim you'd have to show that they constituted a substantial part of a work and that the colours were copied and not derived from a third party source or coincidentally the same. The usual civil law test is the balance of probabilities.

I think a more likely claim is that the matching colour scheme were a trademark infringement, an unlicensed use of trade dress (jurisdiction dependent of course). AFAIK DMCA takedown notices don't work for trademark infringement though?

Re: Flat UI DMCA Takedown

#59
So, both sides have pretty much spoken, and what irks me the most is that the LayerVault guys haven't provided any concrete evidence to support their claims; they've posted vague responses and joked about DMCA'ing their friends on Twitter. There's also the question of why they would even pursue something like this. A simple Risks/Benefits analysis would've surely led most people not to issue a DMCA over a few icons they felt were stolen.

It's hard not to lose a little respect fo the LayerVault guys, even if the icons in question were direct copies. I get you're protective of your art, but this doesn't really make sense from a business standpoint, and their response has been less than convincing. It's really disappointing.

Re: Flat UI DMCA Takedown

#60
post #47

Earlier quoted context omitted.

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.

T-Mobile tried though - http://www.colourlovers.com/blog/2007/11/04/beware-t-mobile-...
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