It works fine for me, even when you're not on the same layer.
3, 10.01.2014, 22:18
if a part of a picture is covered by a drawing on a higher layer, the color picker does not work on that part. The color picker only works on a drawing that is not covered by other drawings. That;s what I meant.
Okay, say you want to get the color below the black http://i.imgur.com/tuI0KCE.png . You can't get it because the black is in the way, no matter which layer you're on correct? Pressing the eye icon next the the top layer will make it disappear http://i.imgur.com/F1MpHZs.png . When it disappears, it only disappears for you, and not everybody else. Switch to the layer the color you want is on, and it works perfectly fine.
3, 14.01.2014, 04:33
After pressing the eye icon next the the top layer and the top layer disappears, try it yourself to pick up the color in the intersection part on the lower layer, and see what color do you pick up, black or red?
I did not explain the whole idea after I posted this suggestion coz I already met fdt and told him the motivation behind the suggestion. Since you are interested, let me explain it here :
When there are more than one users wanting to draw in a room, one solution is letting each one draw in a differenet layer. By this way, each user can have more space to draw. But the color picker only works normally in layer1, if a part of a picture is covered by a drawing on a higher layer, the color picker does not work on that part.
Maybe Lava misunderstand something in my description. It is OK, experiment it again.