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by deelowe 4848 days ago
Ripping off someone's design isn't grounds for a DMCA takedown notice unless you actually violate copyright(the legal definition, not some hand wavy "I did it first" definition). If LV had filed a trademark claim no one would be complaining b/c A) they would definitely lose(there's no issue of brand confusion here) and B) the guy would get to decide himself whether he wanted to risk leaving his stuff online (instead of github deciding for him).
1 comments

One of problems with copyright is that the statute basically says you can't copy original works under certain conditions, but it doesn't define what constitutes copying. As far as I can figure out (IANAL) only a judge or jury can make that determination. You can try to figure out what has been considered copying by reading through other cases but it is not definitive until declared so by a court.