Maybe if he just took the idea, with the ideas/published and simplified writing screen, he may have a case, but this is clearly stealing the design.
(2) It's pretty confirmed that a lot of our intuitions regarding "theft" require us to see "profit" as a component -- and therefore we are much less likely to see theft in a general design that has been open-sourced. Maybe the clearest way to see this is BSD's libedit, which replicates the GNU Readline library so that you can use it without selling your soul to Stallman. It's an idea rip-off, but it serves a very important charitable function. Startups trying to push product just seem more skeevy.
(3) It is also harder to see something as "theft" if it seems too simple. Nate said, "I whipped open terminal, typed in rails new obtvse, and a few hours later I'm here." That's pretty lightweight, if you're creating a fresh copy from an idea someone gave you.
Edit: (4) Also it's often harder to consider something theft when you cite your sources and say, "okay, this idea comes straight from X, who is awesome -- all credit to them please."
2. I disagree, he's directly taken the fruits of someone elses' labour and given them away without permission. Copying the functionality and idea, I'm fine with, but he didn't "remake" the design like he did the functionality, he just remade the scripting aspect of it. The benefits you mention are functional benefits, and these could have been brought to the public without the near pixel perfect design.
3. I somewhat agree, however I could remake the design of any website without copying and pasting in a short time. It would take a short time because all the time that was spent designing it has been done by someone else.
4. Maybe slightly, but he took what someone else had produced without permission, at best this is a slightly scummy thing to do. He tweeted Dustin to let him know that he had done it, he could have just as easily asked. If Dustin had refused then he'd be free to make something which fulfils the same function, but isn't a clone.
For the record, I'm not sure exactly where I stand regarding IP, but I'm not talking from a legal perspective, just an ethical one, and I don't think this is ethical nor HN's praise of it.
I live in China, a country mocked for its cloning. If the Chinese had hand written the GroupOn site, for example, rather than copy/pasting it, most people who still think it's low. It seems to me more that people think that a) Dustin is a bit of a dick and b) open sourcing something means you can do whatever you like because it's for the good of humanity.
Not under any definition of "theft" in use outside IP troll offices, as far as I know.
No, never, as long as the open-source alternative doesn't actually copy any copyrightable material from the original (such as images or other data). And I don't see any signs of that here.
On the contrary, creating an open-source alternative to closed-source software is considered awesome.
You have a social/emotional complaint: someone took your good idea (and kudos to you: it's a great idea!), and duplicated it. But it's recognized (and documented here) that you were the progenitor of the idea, and if you eventually open source the original, I can't see how this will "hurt" you. People have an innate sense of fairness, and duplicating ideas like this goes against it in a small way.
But it's not theft (or even copyright infringement), and by overreacting you are going to alienate people who would otherwise be sympathetic.
Feel for you here dcurtis, and surprised people are actually behind this.
Plus, your value is not the app, it's the people in the network, so stay calm and let us not-so-cool people use the open-source clone.
In fact, you could assume the opposite: that, because he is a professional designer, it took him less time to design the app than it would've taken a "layman". (I'm not forgetting about the perfectionism of many designers, mind you)
You can't go around putting the Coke label on different fizzy beverages.
Svbtle is obviously popular for its brand. You are stealing its brand and using it for unintended purposes. The only value in what you've created is that it looks like Dustin's work.
Ripping that off wholesale diminishes the value of something Dustin work(ed/s) very hard to create and curate. Thousands of decisions went into that design. The design is a mark of quality.
Show some respect.
2. Brand? What brand? It's a blogging platform. People don't want it because of a brand. They want it because it's a good idea (simplistic blogging).
3. Coke has a trademarked label. This is merely a website. What is dustin going to trademark/copyright? The ratio of whitespace to small, grey lines?