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Flat UI DMCA Takedown

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Re: Flat UI DMCA Takedown

#71

Post by mynameisvlad »

minimaxir wrote: post #29
overshard wrote: post #16

Earlier quoted context omitted.

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.

No, I definitely had the DMCA notice when I tried it two days ago.

I remember because I was trying to get it not having heard of the takedown, and it wasn't working, and, after getting to the page, saw the notice.

Re: Flat UI DMCA Takedown

#72

Post by mariallery »

lmm wrote: post #48
krichman wrote: post #32

Earlier quoted context omitted.

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.

These kind of cases make me wonder, what ever happened to the common sense.. The (classical) Roman law was probably the best system the 'makers of law' ever came up to. After that, it only went downhill.

Re: Flat UI DMCA Takedown

#74

Post by glazskunrukitis »

SmeelBe wrote: post #51
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…

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!

Here it is http://news.ycombinator.com/item?id=5342796

Re: Flat UI DMCA Takedown

#75

Post by tommis »

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

If we look at Webdings (http://en.wikipedia.org/wiki/Webdings - TrueType dingbat font developed in 1997), there's actually a newspaper icon there that looks a lot like all of these:

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

Re: Flat UI DMCA Takedown

#76

Post by asdfaoeu »

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 have to provide contact information any sane webhost is going to check the information is actually valid before taking down the content.

Re: Flat UI DMCA Takedown

#77

Post by kaoD »

supercoder wrote: post #68
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…

I lost respect for LayerVault when their software that I paid what I thought was good money for totally corrupted the PSD of an entire project that had 2 months worth of work put into it. I thought I had a backup on my laptop, desktop, remote backup from my desktop and all the revisions on their server. But all revisions were corrupted and it synced those bad copies to all my machines, including the machine that perf…

Why didn't you sue them? That could've been profitable (they even acknowledged their responsibility) and apparently fair too.

Re: Flat UI DMCA Takedown

#78

Post by [deleted] »

supercoder wrote: post #68
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…

I lost respect for LayerVault when their software that I paid what I thought was good money for totally corrupted the PSD of an entire project that had 2 months worth of work put into it. I thought I had a backup on my laptop, desktop, remote backup from my desktop and all the revisions on their server. But all revisions were corrupted and it synced those bad copies to all my machines, including the machine that perf…

[deleted]

Re: Flat UI DMCA Takedown

#79

Post by EwanToo »

xcasex wrote: post #64
kyro wrote: post #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 t…

Hello. The way that works, you have to infer the existence of A for the existence of B and the existence of B for the existence of A. Direct copies only work as an argument if the item is an Original, as in the idea of a thing wholly onto itself without an external influence of any sort. you might argue that it's derived as in Originated from, borrowed from, a sourced to, an antecedent of, an allusion towards. I coul…

Star Wars Episode 1 and 2 contain exact characters and other creative designs from Episode 4/5/6.

Not "like" them, not derivative of them, but actually them (e.g. Yoda).

So yeah, that would be a direct copy.

Re: Flat UI DMCA Takedown

#80

Post by xcasex »

EwanToo wrote: post #79
xcasex wrote: post #64

Earlier quoted context omitted.

Hello. The way that works, you have to infer the existence of A for the existence of B and the existence of B for the existence of A. Direct copies only work as an argument if the item is an Original, as in the idea of a thing wholly onto itself without an external influence of any sort. you might argue that it's derived as in Originated from, borrowed from, a sourced to, an antecedent of, an allusion towards. I coul…

Star Wars Episode 1 and 2 contain exact characters and other creative designs from Episode 4/5/6. Not "like" them, not derivative of them, but actually them (e.g. Yoda). So yeah, that would be a direct copy.

It would actually be a derivative of ep VI, since the characters and creative designs differ and precede it.

A direct copy, would be the _exact_same_ characters as depicted in ep VI, but alas they are not, they are however similar to, which makes it a derivative of.

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