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CreativeMilk says

Just get the info back of the vcard that was taken down by Enavto due an copyright violation from an other author here.

Envato did removed al my money, more money that i have earned, well they take the money of all of the sales which is more then i will get(i just get 42% of it)

Tis isn’t a good thing because most of the theme’s here(80%) are copy’s, well if kriesi wanted to be an jackass he could takedown half fo the theme’s here, so i see no point to submit any more theme.

There one thing that i dont like and that beeing stab by an community member.

I spend a lot of time creating something that uniqeu, my vcard design was created long before this person submitted his, the dummest thing is that i didn’t submit my stuff to myown or something else.

My question is why should we submit or hard work….......

sorry for my bad english this time, i am sick so i cant thing clear at this moment ;)

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CreativeMilk says

EDIT : Jordan did something wrong with the money :D so that resolved.

thnks

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der says

Good to know the money issue has been corrected!

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CreativeMilk says
Good to know the money issue has been corrected!

well the money that i have earnd with the sales of that vCard is gone, or for just 3 months….....

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EireStudio says

Threads like these scare the crap out of me.

Creating themes requires alot of creativity and time and then someone can just come along and file a dmca, urgh.

well the money that i have earnd with the sales of that vCard is gone, or for just 3 months….....

Sorry to hear that Mark. Is that standard Envato policy regarding the 3 months rule?

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SpadUK says

I’m sorry that this has happened to you, but you have to admit both the themes in question were very similar and to prove who created what first is a difficult task.

You say 80% (and why does everyone quote 80%?) of the themes on here look the same which is true to some extent, a lot of them are based on the same concept, but what do you expect for a marketplace that has over 2000 listed themes? You mention Kriesi, a great author here and with his talent he has inspired many other authors to create themes based around his ideas. These are not copies in anyway, designers are inspired by many things, some from the look, the colours or just because a theme sells well. I’ve never seen Kriesi complain that any of the themes look the same as his, and looking at his sales he has no reason to, he inspires and as long as he produces more unique high quality themes people will always look for him for inspiration. (I’ve yet to see any themes on here that look identicle to his, but I can see some that were inspired… ;))

I don’t see how you were stabbed in the back, the author did what he thought was right to protect his work, he was in the right to do so. What would have happened if he had emailed you? You would deny it (which you are right to do so too) so then what?

You ask if we should submit our hard work? Well, the other 2000+ themes and the countless thousands of sales on here suggest yes. It would seem cases like these are rare, but that being said, I think Envato can help more in these situations.

Anyway, It is a horrible situation to be in, and I hope it gets resolved with a happy ending.

Ah, nto sure how that sounded, I’m tired and in need of sleep.. :)

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FRESHFACE says

Mark, Keith and Spad, I thought I am the only one who camps on TF at 2 AM :D I don’t want you to stop selling, your work is one of the best here. so please don’t give it up after one failure, that’s for losers right? start using myows.com if you already didn’t after today, I registered a few hours ago, it’s pretty easy and fast to upload all you need. Take that vcard you made, switch some elements, invert some colors and it will be like new, tf style! I just thought you would appreciate some kind words… Better to get sleeping, sleep heels many wounds… take care and gn :)

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CreativeMilk says
Mark, Keith and Spad, I thought I am the only one who camps on TF at 2 AM :D I don’t want you to stop selling, your work is one of the best here. so please don’t give it up after one failure, that’s for losers right? start using myows.com if you already didn’t after today, I registered a few hours ago, it’s pretty easy and fast to upload all you need. Take that vcard you made, switch some elements, invert some colors and it will be like new, tf style! I just thought you would appreciate some kind words… Better to get sleeping, sleep heels many wounds… take care and gn :)

Thanks for the nice words :D

I already use myows ;)

And i am changing the vCard as we speak…....

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Jordan_M Staff says

Hey Mark, sorry that this has happened to you, but there isn’t a huge amount we can do. Envato has legal obligations to follow when a DMCA take-down notice is issued against an item, including the freeze of earnings made from the sale of that item. Officially we need to hold funds for a period of three years, however this is currently under review in consultation with our lawyers and I can’t say much more on the matter.

We (Envato) are simply adhering to legal expectations as set out for companies of our nature. That said, I appreciate your frustration Mark and would like to remind you that you can take this issue up with the sender of the complaint if you believe there has been no infringement.

Until either the DMCA is retracted, or Envato is compelled to by a legal body following a counter claim – we cannot reinstate your item, regardless of personal opinions on the matter.

For more information on what occurs when a DMCA is issued – please refer to our help wiki page on the issue: http://wiki.envato.com/selling/copyright-selling/a-dmca-takedown-notice-has-been-issued-against-my-item-what-does-this-mean/

I hope that this clarifies things a bit :-)

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DDStudios says
” That said, I appreciate your frustration Mark ”

Is that what you really wanted to say ? :P

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