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This appears to be an abuse of process from LayerVault.

They have a design in a style that's not quite originally theirs-- they've seemingly abused the DMCA to have github remove a completely unrelated UI kit in the same style.

The two items in question are as follows: https://layervault.com/ http://designmodo.github.com/Flat-UI/

Flat UI has (seemingly) been designed and developed completely independently, having nothing to do with LayerVault. No artwork is derived, based-upon, designed by the same artist, etc.

You should care about this because the process is biased towards the accuser. Given no chance to rebut, Flat UI is removed, and disabled. Despite providing his side of the story in the commit comments https://github.com/github/dmca/commit/735e17614cca63102b8414..., the author now has to write a formal counter-takedown notification, and the repository will still be offline for up to 10 days (https://help.github.com/articles/dmca-takedown)

Furthermore, 'designers' and HN users should care because LayerVault runs a 'Hacker News' for designers at https://news.layervault.com/. LayerVault is not the right entity to run this site after these DMCA shenanigans (if in fact no infringement has taken place).



The rebuttal is a DMCA Counter-Notification. They're easy to write and just asset that you do in fact own the copyright, or are otherwise authorised the use the materials that the DMCA notice referred to. Once that's been done, the host has to restore the removed content within a certain time period and the issuers of the original notice have to take action directly against you (as in sue you) if they want to pursue the issue further.

Before we start yelling about "abuse of process" though, we might want to wait for more information about what's actually going on here. It would hardly be the first time one small company has used another company's assets without permission, so perhaps we should see what LayerVault has to say before getting so worked up.


LayerVault has posted details on what they felt was infringing and appears to misunderstand (willfully or otherwise) the purpose of a DMCA notice. There is no evidence that artwork identical to that of LayerVault has been used in FlatUI. While some artwork is similar, that is another issue entirely, an issue outside that of the DMCA.


The host cannot restore that content within 10 days.

10 days can be a long time to have stuff go unexpectedly offline.


Could be the death of a website / community.


  | the host has to restore the removed
  | content within a certain time period
10 ~ 14 days, IIRC.




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