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Here are the icons in question. http://i.imgur.com/xDDULcG.png http://i.imgur.com/xDDULcG.png Also, the Flat-UI guy also copied other artists on dribbble. http
by alexpenny 14y ago
Here are the icons in question. http://i.imgur.com/xDDULcG.png http://i.imgur.com/xDDULcG.png
Also, the Flat-UI guy also copied other artists on dribbble. http://cl.ly/image/3Q181w0b1u2K http://cl.ly/image/3Q181w0b1u2K
From http://drbl.in/eXkk http://drbl.in/eXkk, and http://drbl.in/gmsD http://drbl.in/gmsD
I'm not saying these are in copyright violation, merely examples he has copied prior work.
- milkshakes 14y agoYou do understand that none of the examples you have posted are in fact examples of copyright violation right?
- alexpenny 14y agoYes I didn't say they were in copyright violation. Here is the definition of copy.. "A thing made to be similar or identical to another." The worked linked to was not original. It is similar and identical to other designers work.
- milkshakes 14y agoRight. The linked commit that is the subject of this thread is a DMCA takedown notice, which is a legal instrument designed to allow holders of copyrights to prevent their copyrighted materials from being distributed. Setting aside the merits of the DMCA, it has nothing to do with any definition of "copy" (yours, Oxford's, or Wikipedia's) at all. It is a remedy for copyright infrigement, which, again, is a legal term with a very specific definition[1]. No matter how creatively you define the word "copy", designmodo's actions simply are not equivalent to "copyright infringement" by any legal definition. [1]http://www.law.cornell.edu/uscode/text/17/501 http://www.law.cornell.edu/uscode/text/17/501
- alexpenny 14y agoI'm not defending the DMCA. Did I mention it? I pointed out that DM copied other works I saw previously on dribbble. Adding information to the discussion, that spawned more threads. "What exactly is the point you're trying to make?"
- milkshakes 14y agoThe point I am trying to make is that you are not adding information to the discussion. It's obvious upon inspection that a small portion of the graphical assets, and even the color scheme are similar. It is equally obvious that they are not identical. This thread is about the appropriateness of LayerVault abusing the DMCA's takedown provisions in order to stifle an open source project in response to perceived "similarities" that do not satisfy the standard for copyright infringement, the only situation in which it is appropriate (or legal, for that matter) to issue a DMCA takedown notice. The original point I was trying to make (and the point that basically everyone else responding to you is trying to make, that you don't seem to understand) is that this is true regardless of whether or not designmodo is "copying" their "style", "feel", or color palette, and that throwing around a DMCA takedown notice so casually is unacceptable behavior, regardless of how injured they feel.
- alexpenny 14y ago> It's obvious upon inspection that a small portion of the graphical assets, as well as the overall color scheme are similar. Thank you for agreeing with my original comment. night!
- milkshakes 14y agoI have been trying to communicate a concept to you, specifically that copyright infringement is not the same as copying a design. I fear that I have failed. Perhaps you can't hear me, and don't want to. Maybe you understand what it is that I am trying to communicate, but lack the tools with which to articulate your dissent. Either way, it appears that you're now simply arguing for the sake of arguing instead of responding to what I'm actually trying to say. As fun as that sounds, I think I'll pass. At this point, I'd like to refer you to pg's essay on how to disagree[1]. You might want to pay attention to sections 4 and 5 in his hierarchy of dissent. [1] http://www.paulgraham.com/disagree.html http://www.paulgraham.com/disagree.html
- mnicole 14y ago
- swanson 14y agoSeriously? It's a clock - how many unique ways are there to design it? It's a folded up map with pins in it. He moved the hour/minutes hands, changed the colors and shadows, used different continents in the map.
- alexpenny 14y agoHere are a thousand other ways to design a clock. http://dribbble.com/search?q=clock+icon http://dribbble.com/search?q=clock+icon
- milkshakes 14y agoWhat exactly is the point you're trying to make?
- sp332 14y agoSwanson asked: It's a clock - how many unique ways are there to design it?
- milkshakes 14y agoThanks, I figured that part out. I was more replying to this response in the context of the grandparent, which made little sense to me at first, and even less sense when he edited it in some strange attempt to distinguish between "copying", which he seems to be accusing the Flat-UI creator of, and "copyright violation", the legal prerequisite for filing a DMCA takedown, which is what the rest of the comments on this post seem to be discussing.
- jasallen 14y agoTry adding "flat" to that search criteria, then how many ways do you get?
- heliostatic 14y agoSeriously? Apple paid $21 million for a clock design after first adopting your attitude: http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202578212544&Apple_Pays_21M_to_License_Swiss_Clock_Design_for_iPad&slreturn=20130206135652 http://www.law.com/corporatecounsel/PubArticleCC.jsp?id=1202...
- mikeash 14y agoThis isn't at all related to my comment. Did you reply to the wrong one?
- deelowe 14y agos/copied/used as inspiration/ Copyright means you literally copied the design. Are you maybe confusing copyright and trademark? With trademark, you can get in trouble for creating brand confusion, which has a more to do with the look and feel than the actual copy.
- dangrossman 14y agoCopyright also grants the exclusive right to create derivative works. Using another work as the basis of your own, even with zero direct copying, can be an infringement of that right. I doubt that happened here, and proving it would be near-impossible, but we should be cognizant of what copyright actually is.
- datasage 14y agoAll it manages to show is that as a designer he is not very original and maybe influenced a bit too much about what he is inspired by. But this in itself is not a copyright violation.
- integraton 14y agoThe analog clock designs with the red seconds hand are all simplified versions of they style popularized by the swiss railway clock: https://www.google.com/search?q=swiss+railway+clock https://www.google.com/search?q=swiss+railway+clock that can be seen in many clock products: https://www.google.com/search?q=clock+red+second+hand&hl=en&safe=off&tbm=isch&tbo=u&source=univ&sa=X&ei=YZA3Ua7tE4mxyQHQmIC4Bg&ved=0CDMQsAQ&biw=1361&bih=866 https://www.google.com/search?q=clock+red+second+hand&hl...
- jakelazaroff 14y agoThe color schemes of LayerVault and FlatUI are also almost identical. http://pixxel.co/feed/layervault-issues-dmca-takedown http://pixxel.co/feed/layervault-issues-dmca-takedown
- LandoCalrissian 14y agoThat's not a copyright violation.
- jakelazaroff 14y agoI don't think it's a copyright issue, but between the colors, illustrations (some of which almost match exactly), and the appearance of the widgets, you could make a very strong case for trademark/trade dress violation.
- vicbrooker 14y agoTrademark and trade dress have nothing to do with a DMCA takedown though. And besides, establishing an infringement of trademark and that it was then infringed will require an absolute mountain of cash and lawyers and time. I'm assuming they have nothing relating to the IP they're annoyed about on paper and so they'd need to show that they 'owned' it in equity. They'd almost certainly go bankrupt before they have a chance of winning a case in court. (IANAL... yet)
- jrochkind1 14y ago> I don't think it's a copyright issue, but between the colors The only thing you can file a DMCA takedown notice for is a copyright issue. That's it. By filing a DMCA takedown notice you are asserting there is a 'copyright issue'.
- MonsterCritic 14y agoLet's add some google colors in this comparison http://cl.ly/NO8C http://cl.ly/NO8C
- deleted 14y ago[deleted]
- alexpenny 14y agoI am not affiliated with layervault, none of the work linked is mine.
- chc 14y agoYou're using a very weird definition of the word "copy." They are similar in that they depict a similar object from the same angle using a "flat" artistic style, but nobody is going to look at them side by side and mistake one for the other for even a second. This seems a bit like saying the iPhone is a copy of a slice of bread because they are both rectangular with few surface features. If you were asked to copy something in a drawing class and gave such an unrecognizable result, you'd likely get an F for failing to follow the instructions.
- alexpenny 14y agoFalse analogy. Comparing design work to carbohydrates is a thin argument. Here is the definition of copy.. "A thing made to be similar or identical to another." The worked linked to was not original. It is similar and identical to other designers work.
- awolf 14y ago>A thing made to be similar or identical to another. So... couldn't we argue that LayerVault copied the design of actual clocks? Using your logic, the inventor of the wall clock would be just as justified sending LayerVault a take-down notice, right?
- alexpenny 14y agoLayervault didn't design that clock. There is no logic, just the definition. You should look up "common knowledge" and "public domain." If you recall apple is paying $21m to license the Swiss Railway clock design. http://appleinsider.com/articles/12/11/10/apple-reportedly-paid-21m-to-use-swiss-railway-clock-design http://appleinsider.com/articles/12/11/10/apple-reportedly-p...
- chc 14y agoCan you show the earlier work to which these are identical? If that is the case, I will retract what I said. But I don't think it's the case.