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by beseku 4846 days ago
The 'old DN icon' ... http://thenounproject.com/noun/newspaper/#icon-No6346
2 comments

If it's the best example he found to justify the takedown notice, it was really not a smart move...
Huh? Not the same.
Designer News icon: http://imgur.com/a/H3zlP

Noun Project: http://thenounproject.com/noun/newspaper/#icon-No6346

Flat-UI's newspaper icon: http://i.imgur.com/9TKbKNl.png

If anything, the Designer News icon is much more similar to the Noun Project's.

All of these icons are similar to innumerable newspaper icons, including several at the Noun Project alone.

I agree.
That's the point…

'He kinda copied it, so we slapped him with DMCA. We kinda copied a free icon, but it's okay.'

Did he "kinda" copy it, or is it a copy? The two icons we're comparing here are not copies. They are markedly dissimilar.
Well, LV said 'They even managed to kinda lift the old DN icon :)'

Don't know if 'kinda' is being used to soften the accusation or it's not a straight up copy - I can't see the icon they are talking about.

http://designmodo.github.com/Flat-UI/

Edit: Found them and slapped them together for side by side comparison http://imgur.com/rli5IVU

They've been posted upthread, and they aren't copies.
Now I don't know what icon is in the Flat UI pack, but to cite the DMCA's icon as being 'kinda lifted' from theirs[1] when it is so similar to a number of CC-licenced icons on The Noun Project seems like a poor argument in my eyes.

[1] http://imgur.com/3zoKuvH

If the Flat UI icon is as different from the Noun Project icon as DN's is, Alan at LayerVault will be equally wrong.

They just aren't the same icon. The visual metaphor all these icons rely on is decades old. It's the details that matter.

I think you are hitting the nail on the head - with styles/aesthetic arguments like this, when is it a copy? Adding a leaf of paper into the icon? Colouring it in? Adding a line of faux text below the faux image? Which came first? Which was the origin?

My only point was that when you are getting hammered by people and the evidence you provide is that, it looks poorly thought out.

What evidence? What am I missing? Does someone have a link to the Flat UI icon he's referring to? The impression I got from his message is, Flat UI included a verbatim copy of the DN icon.
That's the impression he wants you to get, but you are being deceived by his misleading wording. Flat-UI's newspaper icon is different than the DN icon.
"... they even managed to kinda lift the old DN icon ..."

I think you misunderstand. I'm not arguing as to whether the Flat UI guys copied them or not, but like the larger argument, the icon he is putting forward as copied work is itself conceptually very similar to other existing icon work(s). As a designer I would be more than a little miffed if that design appeared if I had created the Noun Project's version and not openly licensed it.

If that is the case, it somewhat undermines the claim that the assets are fully owned by them or even that ownership can be so quickly claimed.

Here's the comparisons.

http://news.ycombinator.com/item?id=5332635

It's certainly not a verbatim copy or even close.

Note that the matter of the "newspaper" icon is not the reason for the DMCA request, but a sidenote.
Yeah, that's a pretty strange claim. Same concept, but completely different details.

There might be some ground for trademark infringement if the original icon was important, but no way is that a copyright issue.

What he's claiming is not the perfect copy of the shape, but the style. It's a clear "copy" too, very very similar. In the end, if you change a pixel from that you can make a "not the same" icon, don't you think?

We can discuss on how many differences but it will end on nothing. I can express that, 2 o 3 differences are not enough to claim "different" and you can claim than 1 will not be enough too.

To me, they're clearly wrong. But if the guy copied the art and pasted it, that's another story.