DeviantART makes sure artists can feel safe on this site. They make sure there are copyright notices with every piece of art. They have an easy-to-access system for reporting art theft, and I see often how stolen artworks are removed from where they don't belong.
DeviantART also understands that journal skins are works of art. If you browse
the new category of "installable" journal skins and try to install one of them, you will notice the extra agreement that pops up. Where else does deviantART have extra agreements? This extra agreement says clearly these three things:
"3. You agree that the author responsible for the Skin Content will be credited by deviantART when you use the Skin Content.
4. You may modify the Skin Content as and when you use the Skin Content in accordance with this Agreement, but not otherwise. You may not represent the Skin Content, even as modified, as your own work without crediting the original author.
5. You may not grant permission to any other person to use the Skin Content, even as modified..."
That is why these latest events upset me.
I understand that copyrighting code is a delicate matter. I understand that chances are high that two complete strangers might accidentally write the exact same piece of code just by coincidence. I understand that there are few variations available when writing CSS for deviantART journals, because the users are very limited in what they can do both in terms of what HTML the users are allowed to affect, and in terms of size restrictions due to the journal only being a small piece of the whole website. I understand that the amount of code involved in one journal may not be impressive enough to warrant copyright. I do understand this.
A very helpful deviant has been offering free journal templates for years. She has coded entire journals for winners of design contests. She has allowed these winners to offer these designed (and now coded) journals for free usage, with a simple mention of her in the description. All good this far. This free journal template in particular was even generously licensed under Creative Commons by-nc-nd, which means anyone can use this as long as they do do not edit it or make money off of it, and give credit to the original authors.
When someone, two years later, takes this code, changes the background image, and redistribute it as another free journal without even the slightest credit to anyone, something is wrong. I have looked at the code for both of the two journals skins, and they really are identical (except for a few minor details, such as the font-family used). Identical down to the very last pixel in margins and paddings and sizes. Identical in the order of which the code is written, row by row. Identical even in multi-browser compatibility tricks.
The helpful deviant contacted this thief, and asked them to put credit where credit is due. After much hassling, the thief finally put a credit in the description - to the design artist. No mention at all about whoever coded the journal. No mention at all that they hadn't coded the journal themselves. They even kept the line in the description saying
Just to let you know, this is 100% Free for all to use. So the helpful deviant reports this with the report function. Because we all know deviantART cares about their artists and makes sure we're all protected against thieves.
Because they do, right..?
The report came back two days later (yesterday). They call the report "invalid". The case is now closed. No motivation anywhere, just that one single word. Invalid.
Invalid.Journal CSS by `nokari
Devious Comments
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bananas, anyone?
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Maybe we need a Code GM, or a specialist Code C&E person
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You can praise them, disagree with them, quote them, disbelieve them, glorify or vilify them.
About the only thing you can't do is ignore them. Because they change things.
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And thats why gratuitously commenting your code is good. especially in line comments
your average no credit code thief will just change what they need changed, and more then likely won't read ever line of code...also, making your code a jumbled mess, while unfair on people reading it to learn, prevents theft.
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You can praise them, disagree with them, quote them, disbelieve them, glorify or vilify them.
About the only thing you can't do is ignore them. Because they change things.
Unfortunately dA journal CSS will probably never reach that amount of complicated.
But they can still stick to their own guidelines and values. Based on that extra agreement I'd say they really do care about these things.
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Also, you can copyright a likeness, so if the theme looked very similar then it's still definitely infringing.
Also, if the code is largely the same including the order things are in, then I guess there's no argument really. Especially if they're both from the same site with the same application in mind. Invalid my ass. Try reporting it again?
I'm not sure whether or not it would be applicable as a likeness infringement. The layout elements such as the placement of the menu and journal body and the mood area are at the same places, but the picture is completely changed. I think that would be too much of a stretch.
And to be completely fair, the new agreement is from just a few weeks ago, this CSS was stolen from a 2007 deviation when the agreement wasn't applied.
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