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Developer Exposes Copyright Infringers On Twitter

snitty writes "Wil Shipley, developer of Delicious Library, found some applications on the iTunes App Store that were using without permission some images from his popular desktop application. He outed them on Twitter. The team at Technically Legal broke down the story and the take-home messages for using other people's images."

26 of 164 comments (clear)

  1. Hmm by Anonymous Coward · · Score: 2, Interesting

    Image off of his website.

    Macbook, Starcraft, Peggle... Are those fair use applications?

    1. Re:Hmm by Itninja · · Score: 4, Informative

      When the President does it, it's not illegal.

      --
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    2. Re:Hmm by Just+Some+Guy · · Score: 4, Insightful

      Macbook, Starcraft, Peggle... Are those fair use applications?

      More to the point: did he try to pass them off as his own? No.

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:Hmm by Anonymous Coward · · Score: 2, Interesting

      Macbook, Starcraft, Peggle... Are those fair use applications?

      More to the point: did he try to pass them off as his own? No.

      This centers around one party using another party's compyrighted property without permission.

      His image looks like a photoshopped version of a stock, copyrighted Apple image:

      Apple Macbook Pro

      I'm using the lighting on the top left corner and the artifacts around the camera. I wonder if he asked for permission from Apple before manipulating that image of theirs.

      It's bad if someone uses his wood grain background without permission (to make money, no less). But when he uses someone elses' copyrighted material (to, in turn, push his own product), it's fine and dandy.

      Either derivative works are fine or not.

  2. Slashbot response by mcrbids · · Score: 2, Funny

    Take down notice: BAD

    Software developer: GOOD

    Copyrights: BAD

    Twitter: GOOD

    Lawsuit: BAD

    Caught red-handed: GOOD

    ==Head Assplodes=l

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
  3. Re:Twitter by idontgno · · Score: 2, Funny

    Yeah. the twitter angle was pretty much gratuitous. I think it's become the Web2.0 way of making something cool: wedge "on Twitter" on the end of the sentence. Just like "in my pants" automatically makes any sentence hilarious.

    "Developer Exposes Copyright Infringers In My Pants"

    Yup. Hilarious.

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  4. The Image by FornaxChemica · · Score: 5, Insightful

    The copyrighted image is actually the "woodgrain background", quoting Technically Legal. Is this a joke? The whole story is about a background texture being stolen? Some actual artists out there who've been ripped off must be feel pretty distressed right now.

    1. Re:The Image by WarwickRyan · · Score: 5, Insightful

      Bingo.

      Why didn't he just email them and ask them either not to use his pictures, or to pay him for them?

      Seems to me like the real reason for him being angry is that the iPhone application he's complaining about looks to be basically an iPhone version of his desktop application. Someone beat him to it on the iPhone and he's mad..

    2. Re:The Image by garcia · · Score: 4, Interesting

      Why didn't he just email them and ask them either not to use his pictures, or to pay him for them?

      Because sometimes even when you do both of those things, you get nowhere fast. Twitter is something that a lot of people utilize and it's a good way to go about expressing your frustration and getting the word out to a lot of people (including the offender) quickly.

    3. Re:The Image by coaxial · · Score: 2, Interesting

      True, it is the texture. But let's be honest here. It's not just the texture. It's the whole look of the application. Delicious Library has a VERY distinctive look. Books and DVD boxes sitting on wooden shelves. It's unmistakable, yet these applications completely aped it. More importantly, it is confusingly similar.

    4. Re:The Image by AmigaHeretic · · Score: 2, Insightful

      >>Why didn't he just email them and ask them either not to use his pictures, or to pay him for them?

      The guy (who's texture was "stolen") sells a product that lets you scan a UPC of a CD, DVD, etc and then "downloads" a digital image of the cover.

      So did this guy contact EVERY company and artist about offering to sell the cover images online? (His product is $40)

    5. Re:The Image by stickystyle · · Score: 2, Informative

      Seems to me like the real reason for him being angry is that the iPhone application he's complaining about looks to be basically an iPhone version of his desktop application. Someone beat him to it on the iPhone and he's mad..

      Actually, he did have an iPhone version of his app but Amazon.com forced him to pull it http://twitter.com/wilshipley/status/2517428863

      --
      Pluralitas non est ponenda sine neccesitate
    6. Re:The Image by diamondsw · · Score: 3, Interesting

      Except he's been on the iPhone for a while - until Amazon yanked all mobile licenses to their data.

      This goes back to the whole issue of stealing "look and feel", which they most certainly did. Whether that constitutes legal copyright infringement is beyond me (and I imagine 99% of the commenters on /.).

      --
      I don't know what kind of crack I was on, but I suspect it was decaf.
    7. Re:The Image by Bigjeff5 · · Score: 4, Informative

      Outing someone for infringing your copyright is akin to vigilante justice.

      WTF? No it's not, not at all.

      Vigilante justice would be breaking into his house and stealing stuff worth what you consider to be the value of a license to use your copyrighted work.

      Beating him up would also be vigilante justice.

      Do you even know what "vigilante" means? Holy cow man. Yelling "Stop! Thief!" is not vigilantism, and neither is calling someone who steals your picture a copyright infringer.

      If it does turn out it's similar but not his texture then he's opened himself up for law suits for defamation.

      Not really, do you understand what defamation is? It's damaging one's reputation, character, or good name by slander or libel.

      Now, slander is a false statement injurious to a person's reputation. Libel is essentially the same with print.

      All that to say, if the person saying/writing it believes it to be the truth, then it is not slander or libel and therefor not defamation. Slander and Libel, and therefore defamation, are notoriously difficult to prove. Else we would not have the political system we have.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    8. Re:The Image by Anubis+IV · · Score: 3, Informative

      So did this guy contact EVERY company and artist about offering to sell the cover images online? (His product is $40)

      Yes. He gets the images from Amazon, and he's been in talks with them for some time on the subject, just to make sure that he accesses and uses the images and data in a legal manner. But hey, accusing him without looking into the situation is all the rage these days, so I can understand where you're coming from.

    9. Re:The Image by wannabgeek · · Score: 2, Insightful

      Have you seen this site? http://www.shelfari.com/
      The look is very similar. I wonder who took from whom?

      --
      I'm much more funny, interesting and insightful than the moderators think
  5. Lol.. reminds me of a friend. by joocemann · · Score: 3, Interesting

    I know the guy who made the blue frog on the Azureus startup screen.... and it wasn't for Azureus.

    lol.

  6. Re:i frequently post scathing attacks on the riaa by Volante3192 · · Score: 2, Interesting

    The RIAA didn't become the "big bad meanies" because of going after copyright infringers.

    They got that title through their strong arm tactics, legal arguments, twisted logic, abuse of the justice system, extortion... well, pretty much everything associated with how they operate these cases.

    Contrast the above to how this infringement was handled.

    I see no moral conflict here.

  7. Plan to copyright all icons by GargamelSpaceman · · Score: 2, Interesting

    Even in 16 bit color the set of all possible 32x32 icons is 67,108,864 bytes, ( 67 megs )for 32 bit color it's 4,398,046,511,104 or 4 terabytes.

    For 64x64 icons in 32 bit color, it's 17,592,186,044,416 bytes, or 17 terabytes.

    I am surprised some copyright troll doesn't copyright the set of all 128 x 128 icons at 32 bit color depth ( comprising 70 terabytes ) and then sue everyone who uses a new icon in any product into oblivion. Every possible icon would be contained in one of those copyrighted icons either in whole or in part. It might be worthwhile to copyright commonly used lower color depths as well, though it shouldn't be strictly necessary.

    --
    ...
  8. I wish it were a joke by KingSkippus · · Score: 3, Insightful

    It sure sounds like a joke, doesn't it? I mean, come on, he's all bent out of shape over a woodgrain texture? It's not like they took his logo or something distinctive about his application. It sounds pretty petty to me.

    I hate to say it, Mr. Shipley, but this is not the kind of trivial copyright stuff that we're constantly railing against. From TFA:

    If the owner of the image has registered that copyright, it can open you up to RIAA v. The People sized damages: thousands to tens of thousands of dollars per infringement.

    Congratulations Mr. Shipley, you're now being compared to organizations like the RIAA. Were you Right(TM) (as in, technically correct in that your copyright was violated)? Sure, I'll concede that, and if they knew that the texture came from you, they should have checked if it was okay before using it. But where you right (as in, responding in an ethically appropriate way)? Absolutely not. Again, from TFA:

    So I'm going to call them thieves publicly and embarrass them. Skip the lawyers, let's go back to shaming people!

    Mr. Shipley, it strikes me that you decided to publicly call someone a thief and unilaterally decided to shame them without really knowing the circumstances of the situation. Did they simply decide that they didn't want to pay for a texture, and maliciously rip yours off? Maybe. But I find it just as likely that they may have simply assumed that it was a public domain texture.

    Or just maybe, being a small outfit or independent developer (which I can certainly empathize with), they got it from a third party who represented that it was either public domain or their texture. I know that for community projects I'm involved with, being as artistic as a two-by-four, when I need a resource like that, I usually post a message somewhere saying something like, "Hey, does anyone have an icon/texture/whatever that I can use?" If someone sends me one, I usually do the due diligence of asking them if I have the rights to use it (e.g. if it's public domain or, if they created it, if they are willingly giving me the rights to use it), but it's not like I hire a lawyer to do a detailed search of everything that's ever been copyrighted to verify it. I simply don't have the time or money to do so.

    So according to TFA, "there are really two important take-away messages from this story." Actually there is at least one more. Some people can really be stupid and petty about such things, making mountains out of molehills, and unfortunately, the legal system today favors those people. Oh, and maybe another is that it's getting harder and harder to be a small, independent developer these days because of idiocy like this. Every time you turn around and no matter what you do, there are people out there who want to squash you like a bug, people ranging from other small developers to giant corporations. Everything from "Hey, you used a button, and we use a button, so we're suing you!" to "You thief, you stole my generic-looking woodgrain texture, waaah!"

    1. Re:I wish it were a joke by KingSkippus · · Score: 3, Interesting

      Ignorance of the law is no defense.

      No, but there is such a thing as "reasonable perspective." This guy is so worked up about a frickin' woodgrain texture that he's wanting to sue for losses, and since that would actually cost some money, instead resorts to calling the other developer a thief? I don't care if they did knowingly swipe the texture, that's stupid, plain and simple.

      Do you ever speed on a highway? Technically, you're breaking the law every time you do. How would you like it if a police officer decided that he just plain doesn't like you? He stakes out your house, and every time you go 56 in a 55, he dings you with a ticket. Even more, the judge doesn't like you either, so you don't get stuck with a minor violation, you get charged with reckless driving and have to go to jail.

      It was a frickin' woodgrain texture. The appropriate response would have been to just let it slide. The "I'm irritated" response would have been to e-mail the developer and said, "Hey, that's my texture, please remove it from your app." His actual response, though, is stupid and petty.

      Most artists don't make enough for their work as it is

      Yeah, because I'm sure that's why people were using these applications. Not just because of the woodgrain texture, but because of that specific woodgrain texture. Any other woodgrain texture would have made both the original application and the iPhone app pieces of crap. People are seeing that specific woodgrain texture on the iPhone app and thinking, "The app is just okay, but that texture is so... beautiful...

      Puhleeze. I'm sorry, I thought this was about an application, not a "work of art." Sounds like someone is a little too full of themselves.

  9. Re:He's complaining about... by diamondsw · · Score: 5, Insightful

    Delicious Library is one of the most popular Mac shareware apps, and is exceptionally well-designed. Those wood bookcases are central to its UI look and feel. And he's already written an iPhone app - except Amazon decided to yank all mobile licenses to their data. Yes, that's right, he pays Amazon for access to their data, so it is legal use and paid for.

    So your entire post is written like a true asshat who has no idea what's going on, and has contributed nothing. But that never stops Slashdot.

    --
    I don't know what kind of crack I was on, but I suspect it was decaf.
  10. Re:He's complaining about... by mwvdlee · · Score: 4, Informative

    Dude... thanks for telling.

    I though this was about the icons and glyphs, which in many high-quality applications are actually designed by external design studios for lots of money. I can imagine getting pissed about somebody taking something which you actually had to pay quite a bit for.

    But this is just a woodgrain texture, and a pretty ugly one at it.
    I mean seriously, it isn't hard to make a woodgrain texture lots better than that one:
    5 minute photoshop tutorial: http://www.tutorio.com/tutorial/photoshop-wood-texture
    Free windows program for making wood textures: http://www.spiralgraphics.biz/ww_overview.htm

    Heck, for all we know he actually used one of these or a source image, in which case he couldn't even claim copyright over it since anybody who made it themselves using such methods would end up with an identical texture.

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  11. Re:He's complaining about... by Bemopolis · · Score: 2, Interesting

    If it's that easy to "make a woodgrain texture lots better than that one", then how come none of those lazy bastards did it instead of poaching his?

    --
    "I guess the moral of the story is, don't paint your airship with rocket fuel." -- Addison Bain
  12. Priorities by Rocketship+Underpant · · Score: 4, Interesting

    I wish he'd spend less time Twittering and blogging and more time fixing the bugs in Delicious Library 2 that have been there since the beta. There's like, what, one update a year for that application? I don't even bother running it any more.

    --
    He who lights his taper at mine, receives light without darkening me.
  13. Re:Twitter by bit01 · · Score: 2, Interesting

    Yeah. the twitter angle was pretty much gratuitous.

    It's probably twitter marketing parasites. Any "news" item that even remotely mentions twitter gets spammed everywhere.

    Most people seriously underestimate just how much astroturfers = stealth/undercover marketers = shills = low lifes have invaded social networking sites and the net in general. They talk the talk of ethics but they rarely walk the walk. Twitter is currently one of the worst.

    Anytime you see a one-sided "story" talking about some commercial product, or have trouble trying to have a legitimate discussion with a commercial product zealot (there are very few consumers who are zealots about any commercial product), you're probably dealing with an astroturfer. They are lying shits, make their life hell.

    ---

    Astroturfing "marketers" are liars, fraudulently misrepresenting company propaganda as objective third party opinion. Anonymous commercial speech should be illegal.