hmm. we’re still waiting for envato to contact Rick and solve the issue then on.
Totally forgot about this. I’m assuming everything is kosher now? Resolved?
How did this finish??
Just a quick heads up here regarding Envato’s responsibilities when receiving a DMCA notification from a company or individual. Upon receipt of a VALID notice, we must act on it very seriously as it is an official document whereby the person sending that notification is claiming, under the penalty of perjury, that the item in question is infringing on their copyright.
At this point it becomes the responsibility of the individual sending the DMCA take down notification to ensure that the item really is infringing on their copyright, and if it is not, then the author may have the ability to take legal recourse against the complainant. It is not Envato’s responsibility legally to determine the validity of the actual claim itself (eg; the similarity of the items), but to only determine the legal validity of the notice itself.
If an author wishes to dispute a DMCA takedown notice, we encourage the author to contact the complainant directly (which is why we provide a copy of the original notice to the author) and reach an amicable resolution. The only time we will allow an item which has had a valid DMCA complaint issued against it is if a retraction of the claim is issued to us from the complainant or unless we are compelled to by a legal entity.
I’m personally not sure what the outcome of this situation was, but I wanted to make it clear why these situations can occur.
i so wonder what happened during the last weeks, could you find a solution…?
I’m really disappointed to see that there still isn’t any sort of a conclusion to this (even 3 months later?!). It was said many times that since it had become a public issue, it would be resolved in some fashion, publicly, in this forum.
Searching these forums I see many, many copyright issues, most of which are never really resolved, or at least not resolved in the forums so that we, the authors, can see what to expect ourselves in similar situations. It has really given me a negative feeling about putting my work up here, and on code canyon as well.
Were any policies changed in relation to the experience Creative32 went thru? Was this issue ever resolved to the extent that Creative32 was allowed to continue sales? Should we expect to have our accounts frozen any time ANYONE makes a DMCA take-down request, without any investigation forthwith?
Not trying be a dick here; hopefully you guys understand the concerns I have (and several other authors from what I’ve been reading in the forums).