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azzaroco says

I wonder if is really a “solution” to make the life harder to your competitors just send a DMCA takedown notice even is a real or a fake one.

Seems any DMCA is take it in serious and the requested items are disabled until a counter DMCA even if the DMCA doesn’t contain the right and justified arguments. The procedure is simple: Envato receive an DMCA, disable the item and waiting for a counter DMCA. If the counter was sent you need to wait between 10 and 15 days to get the item back. 10-15 days with the items down?? It can be a disaster if your daily work is based on Envato developing. A lot of time and money lost.

So, seems any competitor with to much free time can send a standard DMCA without clearly arguments and even he will not gain a completely disabled of the competitor’s item he will gain at least 10-15 days of better sales.

Also are no limits of pretty the same DMCAs for the same item and also you can include more items in the same DMCA notice.

I think this is a serious weakness into the system and you have no guarantee that even you develop in a proper way you are protected against the impostors.

We had this case on our own side and we found out that you can have serious problems if you have rivals, you are not actually protected…

How many authors fights against the fake DMCAs?

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LCweb says

Take a look at my WP tool ;)

Of course nothing magical, but could help

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VF says

Take a look at my WP tool ;) Of course nothing magical, but could help

The original post speaks about different thing.

@azzaroco, Once I faced this kind of situation. I guess this is rare and as well as inevitable.

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azzaroco says

Take a look at my WP tool ;) Of course nothing magical, but could help

Hi LCweb,

Thanks for your help but the main situation is basically in the reverse way. How easy can receive a general DMCA for your items and to be disabled for a while…

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azzaroco says


Take a look at my WP tool ;) Of course nothing magical, but could help

The original post speaks about different thing.

@azzaroco, Once I faced this kind of situation. I guess this is rare and as well as inevitable.

Yes, maybe are rare but totally uncomfortable and can become very often if that guy see that is working.

I wonder if I will do a DMCA complain to the best 3 plugins from the market saying only that those plugin were built by me and should be take it down, they will be disabled for a while?! Of course I will not do it but I just wonder…

How did you faced with your situation?

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MyNameIsMatthew says

Dont forget about freezing earnings from last 3 months, when DMCA is received.

From my experience I know Envato dont check reason of DMCA.
You can write “he download my item and reupload it” and indicated item is quick disabled.

This is reason why im lost motivation to upload new items in past.

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azzaroco says

Dont forget about freezing earnings from last 3 months, when DMCA is received.

From my experience I know Envato dont check reason of DMCA.
You can write “he download my item and reupload it” and indicated item is quick disabled.

This is reason why im lost motivation to upload new items in past.

EXACTLY!

A simple stupid reason without any prove can disable your items and freeze your earnings. Is exactly what was happened to us.

And this is the big question: How can we work harder to release new items when those kind of situations can happen VERY easy??

...and the envato support seems doesn’t care and don’t wanna understand that.

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george-olaru says

Envato is not in a position that can fight back a DMCA takedown notice. As many other online companies, they agreed to introduce and respect this policy – so they just follow some legal steps, doesn’t matter how ‘fake’ is that takedown notice.

If you find that DMCA abusive, besides to fill a counter, you can go to court and ask for high compensations to cover any damages suffered through that fake notice (including costs and attorneys’ fees) .

So the claimer should be very responsible in the moment he decided to address a DMCA – it’s not a tool that can put down the competition!

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wordpress-premium says

Well, does it mean anyone can send DMCA and takes down any theme? Really? It’s ridiculous exploit within policy.

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azzaroco says

Well, does it mean anyone can send DMCA and takes down any theme? Really? It’s ridiculous exploit within policy.

Ya, it can do it with any theme, any time and how many times he wanna it…. :|

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