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Creative32 says

Recently, one of my themes, (Well, technically, my partner’s theme, since he coded it) was taken down due to a “DMCA Copyright Claim”

I’m curious as to what you guys think, if its fair or not:

Here’s the PSD theme that’s still up: PSD Theme

This was the HTML preview: HTML Preview

The claim was from Ellislab’s Expression Engine Expression Engine

Envato doesn’t give us a chance to fight back. As soon as the big dogs bark, we have to oblige.

But I might be biased, so I’m curious to see what the community has to say.

Thanks, Qiming

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chrisfay says

Wow, I’m really surprised that was taken down. The slider is obviously only inspired, not copied, from ExpressionEngine’s and the rest of the design is totally different. That is a bad call IMHO and I think you could push back on this one..

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osigrandi says

looks nothing like expression engine and i’m pretty sure i’ve seen that type of slider on dozens of other sites, it’s certainly not something that they can claim it’s so original, only they could’ve imagined it.

sorry :( i hope you manage to sort it out eventually

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DDStudios says

Wow ! That doesn’t look like Expression engine AT ALL !

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CreativeMilk says

Huh? i dont see any similarity

has envato given you any feedback?

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AivahThemes says
Wow, I’m really surprised that was taken down. The slider is obviously only inspired, not copied, from ExpressionEngine’s and the rest of the design is totally different. That is a bad call IMHO and I think you could push back on this one..

+1

Qiming I would say to fight and get your template back again. There are huge amount of templates which are very similar to what Express Engine is using.

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CreativeMilk says
Wow, I’m really surprised that was taken down. The slider is obviously only inspired, not copied, from ExpressionEngine’s and the rest of the design is totally different. That is a bad call IMHO and I think you could push back on this one..

+1

Qiming I would say to fight and get your template back again. There are huge amount of templates which are very similar to what Express Engine is using.

+ 1

Well more then 50% here are inspired theme’s.

I am looking at the site but really this is not a copyright thing! The links arn’t the same, the icons arn’t the same, so i really dont get it.

I hate people how copying others peoples work but this isn’t a copyright claim. I hope that Envato can give you some feedback.

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amberturner says

The only similarities I see is the slider. However, I don’t feel there is a copyright issue. There are far more themes on ThemeForest that are way closer to others than that slider though.

I hope you are able to fight it.

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Creative32 says

Thanks for the support everyone :)

How would I go about fighting it?

(excerpt of the email states)

”...Unfortunately because of the seriousness of a copyright claim or DMCA take down notice this action cannot be contested. The Envato Marketplaces cannot release frozen funds or retract this warning unless the document is retracted legally…”

Thanks so much, Qiming

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CreativeMilk says

What if coda(panic) tells Envato that there a copyright problems, well i think that TF can remove at least 30% here of the themes.

Funds wil be frozen? Really these kind of thinks make me want to quite making themes for TF.

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