Ask HN: How do we stop 'design trolls'?
At least with to patent troll you actually need a patent. To be a 'design troll' all you need is to have drawn something. After that you're 'protected by copyright' and have the right to file a DMCA takedown once you're infringed. Right?
But is there infringement? A lot of the support of LV's takedown was more to do with ethics and morals than the law. Unfortunately they're completely different things.
People saying that the similar colour palettes justify a DMCA complaint aren't just wrong but they're misleading the group they post in. Colour palettes aren't copyrightable, colours can in some circumstances be trademarked. Tiffany & co did it. So did T-Mobile.
If I use Tiffany blue and T-Mobile magenta in my website about silver-cased phones I won't get a DMCA complaint. I'll be notified of a trademark infringement. I'll probably get my ass beaten up in court.
Long story short, is it time that someone put together a resource for founders that explains in plain language when they should/shouldn't be putting in complaints or taking legal action? I'm still a law student so I can't until my degree is over so I'm not really able to. Is anyone in HN qualified and interested?
The potential for trolling here is enormous. More worrying is that copyright is a confusing sonofabitch and it's easy to assume that making something grants exclusive use over all elements of it. It's hard enough for me with most of a law degree and a particular interest in IP law to get my head around which parts of my startup's product are covered and why.
I guess I'd just prefer it if we could spend time making neat stuff instead of constantly looking over our shoulders every time we make a new icon. What do you think?