Common Craft Blog

Help Common Craft Reduce Confusion - rPath's Cloud Computing Video UPDATED

leelefever

By leelefever on July 06, 2009 - 11:56am

29 Comments

Updated: The issue described below has been resolved. You can read about it here.

While we are happy to be an inspiration for educators and individuals, sometimes we see examples of commercial organizations that choose to make videos that cause potential confusion. When a video uses paper cut-outs on a whiteboard and "in Plain English" in the title, people may mistake it for part of the Common Craft video series. This confusion compromises the hard work we've put into building the Common Craft brand of "in Plain English" videos.

When this happens, we often take a reasonable approach as a first step: we ask them to simply change the title to reduce confusion.

Unfortunately, one company has not been so reasonable. A tech company called rPath made a video called "Cloud Computing in Plain English" that uses animated versions of paper cut-outs on a white background. Despite our multiple requests, they (via their IP attorneys) refuse to change the title of the video.

So, aside from potential legal action, we're motivated to make sure that confusion is reduced. We have our own "Cloud Computing in Plain English" video in the works and we want to ensure that rPath's video is not confused with our video.

So our purpose is clear: The Cloud Computing video by rPath, despite the title and appearances, is in no way related to Common Craft.  Common Craft did not work with rPath in any way.

If you would like to help us reduce this confusion (without linking to the rPath website) it would be appreciated. Might I suggest a comment on their video? Commenting has been turned off.


UPDATED:  I knew this would happen. rPath is now hiding/deleting the comments on the YouTube video and has turned off commenting completely. That's OK, I managed to grab a few screenshots (below) because I figured they didn't really want to hear what people think about this issue. Thanks to everyone that has commented!

Update 2: The rPath folks have changed the description on the YouTube video page to say "**Not affiliated with Common Craft. If you're interested in Common Craft, visit: http://www.commoncraft.com**" I appreciate them making this change.

Update 3: Jake from rPath has left a comment on this blog post ("rPath Responds" below) and we have been in toch via email.  I will take Jake at his word when he says he didin't know about Common Craft when the video was made.  Of course, as I told him, knowing then and refusing to make a change to make it right now are two different things.

Deleted Comments rpath by you.

Deleted Comments rpath by you.

 

Comments

the distinguishable difference.

do you know how i knew it wasn't a CommonCraft video?
BECAUSE IT WASN'T VERY GOOD.

and it didn't use (plain english).

that's why they put it in parentheses... because it wasn't really a true statement that could be made without parentheses!

keep up the good work.
i look forward to your video on Cloud Computing. it's a great topic that will benefit from your product of explanation.

rPath video

I wouldn't worry, you guys. I actually went there to watch the video and couldn't get to the end of it. It tries to be funny and fails, it tries to be "hip" and fails, and it tries to be you guys and FAILS miserably. Also, the animation is done on the computer, which takes away 80% of the fun of watching your videos. Finally, your fans are already busy making sure people who see their video know what it is they're doing.

Keep up the good work, you guys! You rock!!

:)

rPATH's outrageous plagiarism

After reading your Twitter posting and watching the rPATH 'Cloud' video I posted a comment on YouTube expressing my views (maybe I should have been even stronger?). Take them to court - how can you lose?

'video response' as an option?

Do you know whether the owner of a video is able to delete the link of one video as a response to its video? If they weren't able to stop that association, then perhaps some kind but informative response videos should be made.

rPATH to destruction

I have messaged them on YouTube - I don't know if that helps! It's a shame, and I hope they do the right thing and take it down completely. They musn't be very clever as this is obviously makes them look pretty ridiculous!?

It's sad that they just cut of communications

I'm not surprised that they created what they did...disappointed at their lack of judgement, yes. But Common Craft genius is definately appealing for thievsters. What's really telling is how they cut off all discourse on the topic and have slammed the public relations portcullis. They clearly are not an open company. I wonder how they deal with their customers?

I think it's clear who takes the higher ground here. Just keep going and forging new creative craft ground, you smart and clever common craft folks! Don't let the copycats get you down. You are loved.

rpath video

unfortunately they disabled adding text comments. wonder why. i hope you manage to do something about it - it's so easy to give credit where credit is due and they choose to misrepresent themselves.

rPath Responds ...

OK, we get it: You think we ripped off Common Craft. Now here's the truth: Until recently, I wasn't even aware of you or your firm. In the end, I see the confusion. But we paid good money to have this cartoon produced--and it's the same style and voice of cartoons I've produced in the past. To the letter. If I had been aware of Common Craft, I may well have become a client. What we were aiming for was irreverent, edgy and entertaining in a modern style and voice which has become a fairly common way of communicating a complex topic. Search for "In Plain English" and you'll see examples dating 30 years. That is certainly not an uncommon phrase. Paper cutout animations? Ever see South Park, Charlie and Lola, Blues Clues, anything produced by JibJab? Neither of these concepts are proprietary to Common Craft--and both are widely documented in the public domain. Perhaps Common Craft, through your good work, has contributed to a style of communication that spans beyond your body of work. I've taken a close look at your portfolio and it is certainly impressive--really nice. What is less nice is your attempt to damage our reputation because we happened to share an aesthetic and voice in communicating an idea.

Towards resolution?

It seems like the above comment is acknowledging that the rPath video is causing confusion amongst potential customers of Common Craft, and that seems like a good step towards resolving this, as Lee has said that Common Craft's goal is simply to avoid / undo this confusion.

Is the rPath comment above from someone actually at rPath / representing rPath? They didn't leave a personal name, so we don't know if it's really someone from rPath who wants to help resolve this, or just someone pretending to be from rPath.

"rPath" - will you clarify?

Plagarism in Plain English

I think you should do a Plagarism in Plain English video :)

How about letting your customers decide?

As a fan and admirer of Commoncraft videos, I have drawn a lot of inspiration from them. Commoncraft helped me to introduce wikis to others and assists collagues to "get it" about web 2.0. I would not be happy to see infringements, but then I would not be happy to see time and energy wasted in litigation, either. Unless there really is damage done, but then lawyers need conflict for their income, too.

For my own part, I would be most happy if - heretic idea - both Commoncraft and rPath cross-link their videos and leave choice up to the fans and customers. Imitation is a sincere form of flattery, and until the CC Cloud Computing in Plain English video is out, who can really tell what some see as plagiarism results in damage or benefit to Commoncraft?

Disclosure: I have no business relations to Commoncraft nor to rPath.

Confusing

Well, it's obviously a bit confusing, and as a company I might be a tad choked too, but legally is it wrong? Unless you have a trademark on that phrase, I don't think there's much you can do.

It was only a matter of time...

I remember when I first saw first examples of the 'In Plain English' videos, and I knew that some unscrupulous people (I had figured it would be TV Commercial Producers) would try and rip it off. I don't buy RPath's arrogant tone (despite the fact that in the end, they backhandedly compliment you on your work). What's more, they point to examples that are hardly similar (South Park? Jib Jab? Please...)

As for trying to damage their reputation, they've done a fine job of that themselves. I have a really hard time believing that they'd never seen your work before. The coincidence of the tag-line 'In Plain English' and use of paper cutout animations is a bit too great to believe them.

not a Common Craft-caliber video

I've recommended your videos for a long time to our employees looking to really understand online concepts in simple, easy-to-understand terms. This ripoff video has none of your trademark clarity or revealing insights. (nor the hilarious humming intros/outros!) Keep up the good work; karma will catch up to these folks in due time.

Love the Plagiarism in Plain English Idea

There's no comparing their video to those that you make. Anyone familiar with your work (and if they're not then they've been living in a cave for the past few years) knows that you had nothing to do with it.

Whether or not they decide to take this down or take it to court, they have lost MUCH more than they will ever gain. My best is that this site goes down and another replaces it. Same owner, but new name, as this name is Mud, now.

But, it WOULD be fun to see a Plagiarism in Plain English video as was suggested. Librarians around the world would love you, too. A Win Win. ;-)

I think you guys are fishing

I think you guys are fishing for a fight. The videos look slightly similar when showed side by side. Outside of that, I doubt anyone would know this style from your company.

I have never heard of either company, so trust me there is no confusion there.

"in plain english" ... are you kidding me ?! That expression has been around forever, its not like you guys invented it or anything. Dollars to donuts says you don't have a trademark to enforce, and even if you did it would be thrown out of court for being too obvious and common.

Deleted Comments

It doesn't feel good to have one's comments deleted (it appears that mine was.) Censoring the critics usually backfires in the long run, so let the work speak for itself. ;-)

"Paid good money?"

Sounds like rPath "paid good money" to a producer or production company who may have actually been the ones to copy the Common Craft style with rPath being unaware of any pre-existing videos....which is interesting for an internet company in this day and age considering the content CC has covered in their work to date.

As David points out, the arrogant tone of the rPath response above (assuming it's legit) speaks volumes about their company and reputation. Based on what I've seen here, Lee & Sachi have taken the high road and tried to get things sorted out but rPath threw lawyers at the situation.

While I agree with Duane that it's unlikely CC created the 'in plain english' phrase, they have certainly established the style of these types of videos which bear no resemblance to South Park or JibJab and is what sets them apart from everyone else.

rPath's defence feels highly specious...

It's obvious that rPath paid a video producer who simply ripped off Common Craft's approach. It's entirely reasonable to ask them to modify the title of their video, and I've emailed the company to urge them to do so.

Similar Concept, but...

I don't think the video from Rpath was poorly done. I now see that there's a disclaimer on the YouTube page.

There are a few similarities, but really I don't see the CC stuff as the same type of production.

This is also similar. http://www.youtube.com/watch?v=FqkQrPmsP2w.

As mentioned, it seems like folks are catching onto the cool simplicity of the stuff that CC builds.

Think it's not a case of copying?

Regarding the YouTube video you cite and say is similar...did you read the full info including the tags? About midway down the tag cloud is this series: "common craft software sucks" ...Granted, these folks use 'sucks' as a tag for a couple of their vids but...still think these folks and other aren't trading on the Common Craft reputation? Seriously?

rPath

I have just viewed their videos. And although I would love to say it was copyright infringement and plagiarism, it is not. For it to be they would have had to take the bulk of one of your videos or the most important part and copy it in its entirety. Or their video would have to hurt your Brand.

What we have here is case of using the same style. It is like two painters working in the Impressionist style painting the same bridge. Yes the subject is the same, they might even use the same title, but the painting will be different. It is up to the buyer to determine which one they like the best.

I took a quick look at the stats on Youtube, and Googled “in plain english” and your videos were the top results and have a much greater viewership. You “own” “in plain english” on those two sites so I don’t think it will hurt your brand. Your challenge will be to make your upcoming video not look like a copy of theirs (should not be a problem for you).

As the “buyer” of this product I choose yours hands down every time.

search for ...

rPath says "Search for "In Plain English" and you'll see examples dating 30 year" - that's pretty funny, since the first 4 hits in that search are CommonCraft.

Someone at rPath doesn't know how to search Google, it seems.

Well is it damaging Common Craft

I've read all these blog posts and have noticed a couple of things. Everybody says it's such a strong similarity to common craft so I ask, people who know common craft probably would have thought it was a common craft video.

Why not make friends and cross link. Common craft isn't about the style it's about the content, it's about spreading the good word or simplisity.

Every day we design a new site or logo or come up with a concept to only find that someone else on the web has had a similar idea. But isn't that why the web is so beautiful - it connects likeminded people

Cloud Computing Clones

So why do clones of your videos seem to always be about Cloud Computing? I found the GoGrid clone "Cloud Computing Explained" about a month ago and thought.. "Wow what direct rip of Common Craft. Now the rData one. I guess to some degree they understand the success of your look and technique and that is a form of compliment. Naturally, you are taking the high road in resolving this and I think that is pretty amazing in our sue happy corporate environment.

I work in the movie biz doing marketing and if an agency directly stole a look or concept it would be a huge lawsuit. We develop brands so they stand out and our mark is what we base future sales upon. For anyone to state that there is no copyright or infringement here, well that depends. The look at the very least and the phrase "In Plain English" seem to be defining your brand. I personally would defend it. It is a viable commodity in a difficult economy.

Anyway thats "my 2 cents" , wait can i copyright that?
It has a nice ring to it.

You guys rock at Common Craft, I am very inspired by your work.

Randy

It better be fun to see a

It better be fun to see a Plagiarism in Plain English video as was suggested. Librarians around the world would love you,
too!

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Global Verge
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Global Verge Buzzirk Mobile

Re

Well, that could also be true, Peter. But it is the legal side of this issue is what Common Craft is after. Certain companies plagiarizes somebody else's work, logo - or in this case --a video. There were laws covering the wide cases of plagiarizing on the internet and I think this should be taken cared of. And that is to put it in a legal action.

Alex,
Get Rid of Timeshare

Plagiarism case

You really should consider filing a legal action against the site. You have make proper settings with them for them to stop their actions but refuse to comply. Just find the necessary case so they will have what they were looking. Plagiarism, man is a serious case.

Mike,
Copy DVD Movies Software

Copycats

I read with great interest about the rPath video and watched it (well, tried to at least) to find out what was going on. I have been a longtime fan of CommonCraft, and it is hard for me to believe that anyone at rPath created this video without trying to copy the CC style. But, as many have pointed out, they failed pretty badly. The secret sauce for CC, in my humble opinion, is not the animations themselves. While they are simple and catchy (and were quite unique when CC first started), they would not be as successful without great writing. The brilliance in CC has been their ability to condense complex concepts into simple terms for the average person, using great writing. Their scripts are magic in their ability to avoid big acronyms and techy phrases and still help people understand what is going on. rPath's video bombs in this area. I tip my hat to the CC writers, and strongly believe that other companies will have a hard time replicating the success of CC (even with blatant copies like the rPath video appears to be) until they can get the writing right!
- VP of Marketing at large tech firm

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