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factor_9
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.

In theory, you can sue anyone that files an incorrect DMCA. In reality, nobody bothers, because it’s too much hassle. Especially when going up against big boys with a legal department (which are usually the ones sending out mass DMCAs). It’s David against Goliath. I fully agree that the DMCA is a huge mistake in the US legal system. However, complaining about it here is not going to change much.

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azzaroco
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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.

In this case, each one of us let’s pick randomly 20 items and send DMCAs to be taken down. In 2 weeks the marketplace will be completely down. Of course I don’‘t wanna happening that but something should be done to avoid abuse DMCAs.

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factor_9
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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.
In this case, each one of us let’s pick randomly 20 items and send DMCAs to be taken down. In 2 weeks the marketplace will be completely down. Of course I don’‘t wanna happening that but something should be done to avoid abuse DMCAs.

And what exactly will you achieve by doing that? :-)

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azzaroco
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.
In this case, each one of us let’s pick randomly 20 items and send DMCAs to be taken down. In 2 weeks the marketplace will be completely down. Of course I don’‘t wanna happening that but something should be done to avoid abuse DMCAs.
And what exactly will you achieve by doing that? :-)

Absolutely nothing on my own side, maybe the Marketplace it will be the most affected and it will take in serious the DMCA procedure :)

It was a joke anyway, but not impossible to be implemented by the freaky guys.

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MetroMusic
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So, seems any competitor with to much free time can send a standard DMCA without clearly arguments

I’m not sure there is such thing here as competition and competitors. What would the point be? Take down a song or two or even 20… There is still 200,000 more

It’s not like there is 3 ukulele tracks and you take the two of them down and all that is left is your track… Maybe I’m missing something,probably I’m

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azzaroco
says


So, seems any competitor with to much free time can send a standard DMCA without clearly arguments

I’m not sure there is such thing here as competition and competitors. What would the point be? Take down a song or two or even 20… There is still 200,000 more

It’s not like there is 3 ukulele tracks and you take the two of them down and all that is left is your track… Maybe I’m missing something,probably I’m

MetroMusic,

I don’t know how is the audiojungle market but on codecanyon and themeforest and especially on codecanyon where we activating in most of the categories are few items that are actually up to date and are really selling. If you take down only 3 items that category it will have a totally another face. Sometimes, even an item if is take it down can made seriously changes.

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LCweb
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…

Completely misunderstood, sorry!

Anyway is a quite complex matter, but you’re experiencing it also on Codecanyon? Unless you “taken inspiration” from another plugin’s style

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egemenerd
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.
In this case, each one of us let’s pick randomly 20 items and send DMCAs to be taken down. In 2 weeks the marketplace will be completely down. Of course I don’‘t wanna happening that but something should be done to avoid abuse DMCAs.
And what exactly will you achieve by doing that? :-)

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Thrillbotmedia
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.

Why is that naive? It sounds to me like this person has a pretty good understanding of intellectual property law. I just signed up to be an author. After reading this thread it seems clear that designers should take extra steps to protect themselves: Screen captures with date and time stamps, photos of your work with a newspaper in the frame to show the date. I have a good attorney and every honest creative should have one too. If I ever get a fake DMCA my attorney will file a defamation suit immediatley and subpeona Envato to hand over the name of the individual who filed the fake claim. He’ll pay actual and punitive damages as well as court costs and attorney’s fees. That’s not naive at all. That’s what anyone who is the victim of this dispicable practice SHOULD be doing. Envato or any other company does not want to be caught up in these kinds of cases. If enough people file LEGITIMATE legal claims against this practice, Envato will suddenly be motivated to deal with the issue.

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KingDog
Envato team
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Hey everyone. I’m going to lock this thread down now as well as remove some posts because it’s gotten way too personal. While you’re welcome to have a contrary opinion, please do not call out other users on the forums or post personal attacks. As per our Community Guidelines:

Please respect your fellow users, staff, and moderators. We are all part of a community and you are expected to treat all users in a professional and respectful manner.

Thanks!

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