Hacker News new | past | comments | ask | show | jobs | submit login

You do understand that none of the examples you have posted are in fact examples of copyright violation right?



Yes 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.


Right. 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


I'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?"


The 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.


> 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!


I 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


Don't mind Alex, he made a fuss about the guy on the right jacking his design on the left a few months ago - http://cl.ly/image/1g3q372r1c2F/shot.jpg. Information designers would have a chuckle at that.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: