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LayerVault. What's up with the DMCA?

10 years ago from Allan Yu, YUI/YUX?YUSUX?

  • Sacha GreifSacha Greif, 10 years ago

    While it's clear that they ripped you guys off, I don't think it warranted a DMCA. Color scheme and style are not covered by law, and thank god they aren't, otherwise we would all get sued by Coca Cola for using the color red.

    A blog post showcasing how and where they were ripping you off would have been much more effective in putting the community on your side.

    7 points
    • Stephen GraceStephen Grace, 10 years ago

      About 6 years ago Cadbury actually sued another chocolate manufacturer over the use of the color purple — http://www.austlii.edu.au/au/cases/cth/FCAFC/2007/70.html

      0 points
    • Sacha GreifSacha Greif, 10 years ago

      To expand on my point, I think abusing DMCAs is a graver offense than ripping off some icons (and again I definitely agree they ripped you off, even pointed it out myself yesterday).

      I think it was the wrong move both in itself and from a PR point of view, and you would probably gain to apologize for the DMCA (not for reacting to the rip-off, though).

      5 points
    • Marc EdwardsMarc Edwards, 10 years ago

      I completely agree. DMCA is a very, very blunt object to use in this way, and it makes me like LayerVault a lot less for taking that path.

      1 point
      • Connor Tomas O'BrienConnor Tomas O'Brien, 10 years ago

        Exactly. Yes, I can understand they felt frustrated at what they perceived as theft, but when you're about to go on the offensive, you need to step back and attempt to recognise how a disinterested observer might see things.

        We've seen dozens of examples recently of companies acting recklessly and doing damage to their brands because they believed themselves in the right (see Quirky's protest out the front of OXO's offices in January, for example: http://www.oxo.com/quirkyresponse.aspx). It's a bit disappointing that LV followed suit. Didn't expect this from them at all.

        0 points
        • Marc EdwardsMarc Edwards, 10 years ago

          “Didn't expect this from them at all” — And I think that's the issue. LayerVault seems like a well intentioned company making a helpful and worthy product with a transparent business model. Not doing anything would have been a far more sane approach that aligns with what I assume their goals and motivations are.

          2 points
    • Matthaeus KrennMatthaeus Krenn, 10 years ago

      Nobody owns ribbon type. Nobody owns red. But if you are a soda manufacturer and you use white ribbon type on red background on your bottles, you shouldn't be surprised if you find yourself sued by Coca Cola.

      Nobody owns the LV color scheme. Nobody owns the LV icon style. But if you are in the digital design business and sell LV styled icons in the LV colors, you shouldn't be surprised if you find yourself sued by Layervault.

      4 points
      • Marc EdwardsMarc Edwards, 10 years ago

        They weren’t sued though. It was a DMCA takedown, which is far quicker, is less defendable and is not something that should be encouraged.

        1 point
        • Matthaeus KrennMatthaeus Krenn, 10 years ago

          Didn't mean to defend LV's approach. I absolutely agree with the fact that this should have been handled differently.

          Just wanted to make a point that once enough individual aspects of a design are copied at the same time, it's far away from "nobody can copyright a color".

          0 points