Mozilla rips off Metalab, issue apparently resolved within the hour
blog.metalabdesign.com
blog.metalabdesign.com
"Wow, the Metalab stuff looks great. Let's ask for a quote!"
[asks for, gets quote]
"Crap. That's way out of our budget. But we do love that style of design."
"Hey, design intern, can you 'shop some of our content into their layout to serve as a functional mockup until we figure out what we're going to do for the real design?"
[intern shops in content, mockup gets posted to wiki, internet drama ensues]
The infraction really seems to be that this is public. Knocking off other sites for purposes of internal mockups and basic functional blocking seems totally sane.
Internal design or not, saying to your hypothetical intern "hey go knock off the design of the company we decided not to hire until we find something else" is whack.
Why do you think its OK?
In my opinion, it will be difficult if not impossible for Mozilla to create a truly original design if they are mocking up with Metalab's work.
Agree to disagree.
At best, this was a gross and irresponsible move by Mozilla. And if it's not planned to be in the final product, it's also misleading.
It's still irresponsible to use those images and that layout, after rejecting a bid by that design company to create images and layout for the product, even in a mockup.
(They have since made the video "private" on Vimeo, though it is still on all of their promotional material.)
That's just common decency in the artistic world.
Unless you're involved somehow, that is.
I think they've had time to give a public apology or at least a simple "we're looking into this issue". I'm disappointed that they haven't done either of those yet.
EDIT: at this point, Mozilla has given a response to MetaLabs that appears to have satisfied them. That's good enough for me.
(BTW what makes you think people are "out of their minds with rage"? Mozilla did something irresponsible, but I'm not going to get angry about it.)
But where's the marketing/seo angle in that?
"All contributions to MozillaWiki are under the Creative Commons Attribution-ShareAlike license (CC-BY-SA) version 3.0 or any later version."
https://wiki.mozilla.org/MozillaWiki:About
Which I would expect Mozilla employees to know about and abide by.
As full disclosure, I've hired Metalab in the past.
P.S. Contrast this with how we collectively reacted when a Microsoft partner ripped off Plurk's design.
Yes, yes it is.
I actually want Mozilla to steal my content, edit it for me, sexy it up, blog about it, tweet it out, etc. just as long as they send me some Google juice.
Actually the stolen graphics were used in a real product - the marketing. The moment they used these graphics externally to drum up interest they crossed the line.
What Andrew did accomplish in this case was that he ensured that Mozilla will likely not become one of their clients, even though it was clear Mozilla considered them to be a good firm, and would have possibly sent them work in the future.
The professional thing to do in this scenario would be to contact the parties involved to see what is going on and discuss the issue, including any concerns you have, directly and like adults. It's wrong to assume you understand someone's motivations when you haven't given them an opportunity to explain themselves, especially when you go on to type up a scathing blog post about them in which you publish private e-mail correspondence between yourself and the party that you are criticizing.
I mean, I think this whole thing is stupid, but if they've shown they'll do it once, what's to stop from doing it again? Why would they hire you after that?
The whole scenario is just weird.
This should be a wake up call to MetaLab's prospective clients and partners: If you do something that MetaLab doesn't like, they won't call you to talk about it. They will first hit Twitter and their blog and try to shame you in the most public way they possibly can, ensuring that the message is broadcast to millions.
Granted, MetaLab could have chosen a better approach. But don't act like they don't have darn good reason to be upset.
Mozilla made a mistake by posting images that they shouldn't have posted. If they wanted that design, they should have coughed up the cash and gotten MetaLab to do the work. But publicly shaming a company to try and damage their reputation, including posting private e-mails for the world to see without so much as a courtesy call to the person you have a problem before you distribute a message which may reach hundreds of thousands, or millions of eyes is, at best, horribly short sighted and extraordinarily unprofessional.
EDIT: If I were MetaLabs, I would not be horrified at the prospect that people perfectly willing to rip me off would be reluctant to hire me.
They probably just had some intern do a rough functional mockup in the same style and the kid went too far... Really, they took it down instantly and there were clearly no bad intentions... What's all the fuss? Why flip out and post on twitter and your blog about it instead of just replying to that email he obviously already had lying around and saying "Yo, you took our design man!" and the guy would have replied "Uh oh! Damn interns!"
I would never work with Metalabs after this, some one on my team makes a boo boo and emails out a screenshot that he hacked together in photoshop and BOOM my reputation is ruined because Metalabs flies off the handle. No thanks.
They're entitled to their own stuck up persona though, they do amazing work. When you're that good, who cares about good sportsmanship!
"Mozilla is now aware of a post by MetaLabs that shows a Mozilla developer copying prior design work. The mockups they cite were an early proof of concept created by cut-and-paste, never final designs. Mozilla respects the hard work of all designers and at no time meant to plagiarize original content. The in-progress designs for the Jetpack SDK’s IDE are available here (http://flightdeck.zalewa.info/) and following initial sign-off on the proof of concept, the IDE was developed entirely independent of MetaLabs’ work."
This is pretty shameful. These were all posted by wiki user Dandonkulous (Daniel Buechner; @dandonkulous), who was Metalab's contact in the article. These may just be comps rather than a full product, but regardless, they demonstrate that significant effort has gone into producing a nearly identical copy of the original Metalab design. That's disappointing; if these allegations are correct, I'm very disappointed in Daniel and those involved at Mozilla in creating this product.
Update: Mozilla has removed the screenshots. Here are three of them:
You can still see a screenshot at https://wiki.mozilla.org/File:FlightDeck_Editor.png as of this posting.
To the guys at mozilla: do the right thing. It's too late to bury this.
I imagine this flame can't hurt as bad as the alternate one where people say Mozilla is just flaunting their wrongdoing by not taking the material down, but sheesh!
I find it surprising you would consider my call to Mozilla to "do the right thing" a flame. There was no anger or malice in anything I said, just a desire for someone at Mozilla to say "we are working with MetaLabs to sort out this issue". (I say all of this as a supporter of Mozilla, and a long-time user of the Mosaic-Netscape-Firefox browsers.)
"We are working with MetaLabs to resolve the issue" would have been a perfectly fine public response. It would have made Mozilla's intentions clear, without piling on any new mistakes.
(BTW I find it interesting that people are yelling at me about jumping to conclusions, while themselves jumping to conclusions about me jumping to conclusions.)
I said they had a choice, and urged them to make the right one.
Until MetaLabs finally communicated what had happened, the scenario was ambiguous. IMO, Mozilla could have eliminated the ambiguity much sooner simply by saying "we are working with MetaLabs to resolve this."
http://www.31three.com/portfolio/#campaign_monitor
http://newism.com.au/blog/post/90/building-campaign-monitor-...
Seems like a great way to get some free publicity!
I hope they reach an agreement where Metalab is reimbursed for the entire amount of their initial quote.
Why on earth would/should that happen over a few mockups? It's not that Mozilla asked Metalab to do a bunch of work, claimed it sucked so they wouldn't pay, and then used it anyway. No: Moz decided not to hire Metalab, and someone ripped off some existing work of Metalab's for some mockups.
Now, I think that was an inexcusable thing to do on the part of whoever did it, but even if it was actual Mozilla staff, I just don't see why Mozilla ought to pay Metalab for not working nor hire them unless they happened to be the second choice. (Because the first choice--assuming they were responsible--has got to go.)
(By which I mean that a settlement offer along the lines suggested is part of how to avoid the kind of tangle you describe.)
And you've undoubtedly convinced a few additional CEO's that absolute secrecy is the best way to operate. Let people participate in works-in-progress and someone is sure to get their knickers in a twist. This is also why more companies don't open source their tools: they expose themselves to patent infringement suits when anyone can read the code.
The proper recourse would be to email someone, or wait to see if your designs showed up in the final product. I mean, you aren't going to forget to check the theme on the latest version of Firefox.
It hadn't happened. The deal was off.
Why do people try to convince designers that they should accept being ripped off in hopes that some of the people ripping them off will throw them a bone?
You are talking about an internal mockup, not a released product. There is no justification to say that anyone was "ripped off", nor would Mozilla be "throwing them a bone" if they were to re-approach later after re-allocating more funding. My comment that this will not happen now is not to suggest that MetaLab should have been secretly hoping for a deal to happen anyway. However, their untempered response to the situation portray's them as unprofessional. I would not reconsider working with a firm who acted this way.
I am talking about design work they used for promotional videos and screenshots. It matters in absolutely no way that upon this becoming public, Mozilla announced that they do not intend to use the design for production software.
"I would not reconsider working with a firm who acted this way."
I would not want a client who's hesitant to hire me on the grounds that they might not get away with ripping me off.
"Just got off the phone with MetaLab, glad to have quickly reached an understanding. Expect to hear from them soon."
http://twitter.com/azaaza/status/10253138540
seems a shame for metalab to jump so quickly on mozilla in that way, mozilla havent been the golden boy in the geek crowd for a while but their labs are putting out some awesome stuff.
The comments on You're Killing Me, Zappos (http://news.ycombinator.com/item?id=812729) could be boiled down to "You can design a shiny mockup, but you can't make a successful, money-making website."
Aza: Just got off the phone with MetaLab, glad to have quickly reached an understanding. Expect to hear from them soon.
What Metalab should do is that it should contact Mozilla and tell them: "Look guys, we saw that you put much effort and actually introduced our design into development version of your product. We think it really looks great so maybe you should reconsider and purchase this design from us. We can give you discount on this."
Instead they went "This is mine. You have not paid to touch it. Don't touch it! Hey, everybody!!! They are touching it but they didn't pay me!"
Hey, don't walk so fast, I'm trying to negotiate with you. Wait up!
Why do you touch my apples? You said you didn't want to buy them for 10$! Stop touching my apples! Thief! Thief! Make him stop touching my apples!
Or maybe fitting the dress you said you didn't want to buy would be a better metaphore.
Yesterday.
(Or in Mozilla's case, three months prior.)
I get that folks love Mozilla and don't like MetaLab, but the contortions people are going through to try to paint them as wrong or stupid on this issue are headache-inducing. I wish people would just honestly say, "I don't care that Mozilla ripped off MetaLab."
There are some screenshot that prove that at some point that design was tried to be fitted. That's all. Not that Mozilla took design home and unboxed it without paying.
They did not toss it away, which is the whole point. They used it in public material.
That you can't "force" yourself to think in terms of accepting or declining agreements is an issue you might look into; I have nothing further to add.
According to the wiki history [1] they were added as late as 12th/16th Feb 2010. Admitedly posted as Latest Mock-ups and Screenshots but there are no other designs or alternatives proposed.
It's easy enough to call these concepts now: but without a complaint from metalab (which was handled poorly) would they have made it further towards "final design"?
1. https://wiki.mozilla.org/index.php?title=Labs/Jetpack/Flight...
If you make promo material with someone's designs (after declining to pay), you should be very grateful if that person's willing to work it out without involving lawyers. A public apology and a promise to do things better is far cheaper than an attorney's billable hours.
If that person is kind enough to do all this quietly, then be twice as grateful for that person's kindness.
Mozilla and Aza Raskin have understood this better than their defenders - when you're in the hole, stop digging. No excuses, no defensiveness. Fix your mistake, acknowledge that you were wrong, explain your error if it was innocent, and apologize.
Edit: Looks to be ballpark for both, can anyone confirm?
http://mozillalabs.com/jetpack/2010/03/10/jetpack-mockup-cla...
If true, I think that's pretty conclusive that this goes beyond Mozilla "mocking up" a new design and they've got some egg on their face.
Shame on you Mozilla, shame on you.
Not saying that Metalab did this, but I wonder if there is a PR lesson here. Anonymously upload your companies design to a popular FOSS project and then pretend to be all dejected when you 'find out'. Air your grievance publicly and boom, instant PR!