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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 ic
by onemorepassword 14y ago
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, let alone going nuclear with a DMCA.
LayerVault are copyright trolls and bullies.
- lucisferre 14y agoGive me a break. One single misguided DMCA notice does not make one a copyright troll.
- electic 14y agoSure it does. They misused it and it is highly likely they will file another notice for another Flat UI design that in the future, for whatever reason they think, look similar to their design.
- lucisferre 14y ago> it is highly likely they will file another notice for another Flat UI design that in the future Or, alternatively, they might realize what a mistake taking this approach was and never do it again. That's what I think is "highly likely" here.
- pifflesnort 14y agoI 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.
- lowboy 14y agoI sang in a choir in grade 5 once. Would you consider me a singer?
- deleted 14y ago[deleted]
- pifflesnort 14y agoThat is some ... facile ... logic. If you murdered someone in 1995, would you be a murderer?
- lowboy 14y agoMurder is too loaded of a act to serve as a good example for this discussion, IMO, but just the once? I would describe myself as someone who had murdered, but not a murderer. There's an active/repetitive component to being described as an *-er. As I replied to electic, how would you feel if I described myself as a singer upon meeting someone, having only sang for 3 minutes out of the decades of my life? "Oh, hi, I'm lowboy, and I'm a singer".
- pifflesnort 14y ago> There's an active/repetitive component ... The persistent/active component is in having the personal constitution necessary to engaged in the action in question. The type of person, for instance, who files a false DMCA take-down request -- censoring another person's speech -- without understanding or appreciating the ethical and legal implications of what they are doing. "Repository unavailable due to DMCA takedown" -- https://github.com/designmodo/Flat-UI https://github.com/designmodo/Flat-UI
- lowboy 14y agoSure, but has LV engaged in this behaviour previously? If they haven't, then I don't think they could be described as patent trolls. Right now they might be engaged in patent trolling, but as my singing example hopefully illustrates, doing something once doesn't make one an active/repetitive doer of that thing. I'm not a singer, and feel that it would be dishonest of anyone to describe me as such. Same goes for LV with patent trolling.
- cmeranda 14y agoEven if they self-correct, it's how they'll be treated. They just tapped into a massive vein of loathing for vague DMCA notices (particularly on the design trend front), and did it quite effectively. In the case of incendiary actions with ugly consequences, once is enough to brand you.
- integraton 14y ago> they might realize what a mistake taking this approach was and never do it again It doesn't seem like he's learned anything, considering he's making jokes about it on twitter: https://twitter.com/Allan/status/309415721941753857 https://twitter.com/Allan/status/309415721941753857 https://twitter.com/Allan/status/309416516372275200 https://twitter.com/Allan/status/309416516372275200 https://twitter.com/Allan/status/309351344769204224 https://twitter.com/Allan/status/309351344769204224
- SmeelBe 14y agoHere is good point view - http://manufacturednormalcy.com/?p=70 http://manufacturednormalcy.com/?p=70
- Karunamon 14y agoOne who trolls with copyright is a copyright troll. This is not a difficult concept.
- usea 14y agoMaking 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.
- thomasmeeks 14y agoIf 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.
- BHSPitMonkey 14y agoPlease see: http://en.wikipedia.org/wiki/Patent_troll http://en.wikipedia.org/wiki/Patent_troll The term refers to entities who are in the business of enforcing patents they aren't generally even using in the marketplace. This is distinct from someone who actually thinks their work is being affected, as is the case here (even though in this case it seems to be overblown).
- georgemcbay 14y agoIt 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.
- integraton 14y agoThis 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.
- dangrossman 14y ago> Just responding to and dealing with a DMCA notice like this would cost hundreds or thousands of dollars in attorney fees No, responding to and dealing with a DMCA notice takes 5 minutes and a couple keystrokes. You send a counternotice, a simple e-mail you can copy and paste from any number of examples. There are no attorneys fees until there's an actual lawsuit, and there's never going to be one here.
- integraton 14y agoLegal issues should be dealt with by attorneys, period. Mishandled legal issues can, and frequently do, become very messy and expensive.
- ben0x539 14y ago5 minutes and then 10 days until github is allowed to act on the counternotice?
- ryguytilidie 14y agoSo what is the threshold? Two made up DMCA notices? One hundred made up DMCA notices?
- dthunt 14y agoIt totally does. It means that you make an assertion you OWN something you didn't create. That makes you the worst kind of troll out there, a knowingly lying one.
- darkarmani 14y agoMaybe a troll in training? Or a garden variety of troll?
- SmeelBe 14y agoI can't believe that the threshold for a DMCA notice claim is simply that LayerVault is the sole owner of the works. No where did LayerVault specify which works they were claiming (aside from saying the whole thing was theirs) which it obviously isn't based upon the differences.
- DanBC 14y agoThat's not quite the threshold. It's a solemn legal claim, with consequences if they lie. And the people claimed against can file a counter claim. (DMCA is a terrible law, and needs to be fixed.)