More than disabling that account and banning him for life from the marketplaces, do not expect anything more. They’re no justice force.
Hope that envato take the proper action with this kind of authors, otherwise everyone will easily take down his competitor’s item for 24 business days (even if it’s featured or best seller).
We just want envato to check the DMCA before disabling the items (nothing more), we know that it’s hard to check the copyright violation but there are situations where it’s very clear that the DMCA is fake.
Just to get into this discussion:
The DMCA system is not perfect and highly exposed to exploits like the one you mentioned. Envato are not going to police who is right or wrong, they can’t expose themselves to that risk. Whatever seems like a legitimate (which means that it has the obligatory fields for a DMCA submission, but it doesn’t matter what’s written there actually) DMCA submission, they are forced to act accordingly and remove the product from the marketplace, until an agreement is reached or a counter-DMCA is received by Envato.Your only option to contest this would be the counter DMCA. I don’t know for sure, but if the counter DMCA is submitted, the other party can’t contest one more time with a DMCA, but they are supposed to go to trial with you, in your country and not in their, if they really want to contest it.
You are right, but in our situation the stealer just copied a page from our item (Ctrl + Save from browser), uploaded it to his website, and created a new account just to send the fake DMCA, we know the author who is behind this tricky game, he just wants to disable our item, although he know that envato will re-enable our item but he want to make damage to our item (featured and best seller), we think that envato should take an action against the authors who do this illegal DMCAs.
This is something someone official or from legal dept. can help.
Other than that.. whoever is doing this is so wrong but at the same time awesome thats how you can compete any plugin. so if you dont like it.. just do it.But on serious notes, i wish it doesnt happen to anyone and you better delete this thread, you never know who is reading…
Well this is happening with us, our featured and top selling item is disabled because of a fake DMCA from a new envato account (even without items or sales) which is just created to send the fake DMCA.
First of all this is NOT Copyright Discussion (so don’t lock the thread) we are discussing the fake DMCAs situation in general.
The case here that if any person purchased (or stole) an item from themeforest then uploaded it to his website, then he sends a DMCA to envato saying that the themeforest author stole his design, envato will disable the item immediately after receiving the DMCA without checking if the DMCA is valid.
Let’s imagine that the item is featured on themeforest (or the item is a best seller in it’s category) and the item is disabled due to fake DMCA, regarding to envato policy the support will take 10 business days to check the counter notice then another 14 business days to re-enable the item (could you imagine 24 business days disabled item for fake DMCA and who is responsible for this loss?).
And what if this situation is repeated with alot of item for top sellers, will they wait 24 business days because envato disables the items automatically without any checking if it’s spam or fake??
What is the actions author should take to prevent this kind of spam and protect his items?
Again this is NOT Copyright Discussion (so don’t lock the thread) we are discussing the fake DMCAs situation in general.
We have an urgent issue, an author on themeforest is doing pathetic spam and fake actions against us, he sent a DMCA to our Featured item FLATPACK (the best selling unbounce item on themeforest) and envato disabled the item from themeforest (check ticket id 210463).
As we can clearly see the author uploaded our item to his website then he sent a DMCA to envato saying that we stole the design.
His website shows just a saved copy of our page (by doing “save as HTML” from browser to our unbounce page)
The user is sending this SPAM and FAKE DMCA just to remove our item from being featured on themeforest.
The situation is very clear here but envato disabled our item instead of checking the provided information from the author, is this legal?? if yes, then this will be a serious problem with this kind of spam on the market, every person will be able to do the same trick (upload the item to his server) then send fake DMCA to remove an item from “featured” or disable and affect the sales of the best sellers of the marketplace.
This is a very serious action and we need a fast and clear reply from envato to re-enable our item.
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