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azzaroco 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!

Hi George,

Maybe you know that the court procedure takes toooo long and sometimes it not taking you in serious. Also, you have no chance to do that if who did the DMCA didn’t share the right personal information as was happened in my case (I’ve made some investigations). So is not actually a good solution either…

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wordpress-premium says

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) .

Court? Seriously? Imagine if I or anyone else will takes down all your themes and what you’ll do? Will you go to court? So naive.

I hope the Envato will fix this exploit.

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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.

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.

Additional I think most of top selling items are inspirated by other scripts created before it was uploaded to codecanyon.

I have checked now and i see registered trademarks for example in item name, same functionality as popular scripts, very similar design to other …

So if they companies/authors of plugins report top selling items, what Envato can do? Disable all, top selling items?

I think big piece of codecanyon items qualifies to remove it, because someone done something similar, before this was uploaded to codecanyon.

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george-olaru says

..who did the DMCA didn’t share the right personal information as was happened in my case (I’ve made some investigations).

Then the DMCA is invalid. If you can prove that to Envato, maybe they can help you have your product back in less than two weeks.

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azzaroco says


..who did the DMCA didn’t share the right personal information as was happened in my case (I’ve made some investigations).
Then the DMCA is invalid. If you can prove that to Envato, maybe they can help you have your product back in less than two weeks.

I’ve tried, but even that is not working. I’ve asked to Envato to request an identity document to validate the DMCA user information and the answer was simple: the same text with a link from Envato Knowledgebase about the DMCA.

So, for envato is simple: DMCA -> items disabled and freeze the earnings

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KingDog Envato team says

We have extensive information about the DMCA process on our Knowledgebase.

Please note:

You should be aware that there are potentially serious consequences to filing DMCA notices, particularly inaccurate ones. Obtain your own legal advice as necessary. Don’t make false claims, as these could result in penalties for perjury, legal damages or other legal consequences.
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wordpress-premium says

We have extensive information about the DMCA process on our Knowledgebase.

Please note:

You should be aware that there are potentially serious consequences to filing DMCA notices, particularly inaccurate ones. Obtain your own legal advice as necessary. Don’t make false claims, as these could result in penalties for perjury, legal damages or other legal consequences.

Envato have to investigate issue with received DMCA before taking down the item. Also Envato have to allows authors to reply and provide evidence about legal status of theirs items. Otherwise it is called a presumption of guilt.

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azzaroco says

We have extensive information about the DMCA process on our Knowledgebase.

Please note:

You should be aware that there are potentially serious consequences to filing DMCA notices, particularly inaccurate ones. Obtain your own legal advice as necessary. Don’t make false claims, as these could result in penalties for perjury, legal damages or other legal consequences.

Travis,

Who wanna do a DMCA for a bad intention it will not be afraid of this kind of messages. He will hide his identity behind of a simple envato account and he will provide fake or incomplete personal information into the DMCA notice. In this case it will be pretty impossible to find the guilty guy for the legal consequences.

The entire DMCA process should be taken in a serious and complex manner with some specific steps for the both sides, not just a simple unckecked DMCA to be transform into a disabling action.

I’m afraid that DMCA option is a very dangerous leakage into the Envato system…

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factor_9 says

I’m afraid that DMCA option is a very dangerous leakage into the Envato system…

DMCAs are a troublesome thing and they get abused frequently, not only on Envato marketplaces. However, there isn’t much Envato can do about this. The law requires them to act on any DMCA that is wellformed (even if the claims made are not true). They are not allowed to judge which DMCA are valid or not. Sad but true.

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Thecodingdude says

“You should be aware that there are potentially serious consequences to filing DMCA notices, particularly inaccurate ones.”

Lol, that’s hilarious, considering there is literally no consequences to filing an incorrect DMCA, it’s gotten so bad even robots are programmed to send DMCA requests and they are inaccurate beyond belief. the entire system is flawed and abused to censor content, or used to gain an unfair advantage on these marketplaces. And what can you do about it as an author? Nothing.

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