“Typical practice is to contact authors. But yes, our terms state that we reserve the right not to notify for specialized and rare situations.”
If the terms said that I suspect no one would raise the issue in the first place! If you don’t mind me asking what would be an example of these “specialized and rare situations” where you would not notify an author that you are removing their item from the marketplace? I honestly cannot think of why you would not want to notify someone.
We may remove an item from our Marketplaces at our discretion, for any reason and at any time without notice to you. We will not be held responsible for any loss that you may suffer as a result of your item being removed.
I don’t really understand the reason for the “without notice” part.. Envato will send you a notice when they approve your file, but at any point can take it down without notice? Some authors have very large portfolio’s with many items, so it would useful to let authors know which file went down and why – so they know for next time. If an authors file suddenly dissapears, they’re going to think all sorts of things, like false DMCA take downs, site errors etc so it’s going to create a lot of questions. Also if you’re going to take down files for being outdated, why not allow the author a week to update the file at least.
But it’s interesting that this was actioned shortly after some heated threads about files being soft-disabled without warning.. I guess Envato wants to have the power to take down files immediately if they suspect they’re at risk legally for copyright issues, buggy software, false claims on the products etc, than to give authors the benefit of the doubt. I think that’s basically what this clause is about, content here is more of a liability because Envato doesn’t know for sure if they’re own content is 100% legitimate, so this clause protects them to take down anything they want without reason – and the “without notice” part is there because sometimes they won’t have a reason because they might not know for sure if the author is at fault or not, it’s just easier to avoid any legal complications.
If there’s any confusion, please re-read Collis’ reply as all these concerns are addressed there.
In particular I would like to highlight:
Being able to pull an item off the marketplace quickly before notice goes out, or if it’s not possible to send notice for some reason, is an important capacity for us to have, so we keep it in the terms. That doesn’t mean we exercise it arbitrarily, or that we don’t subsequently send notice to the author in some form. So I wouldn’t want authors to be alarmed by this line!
this line has always been in the terms
This is nothing new and has nothing to do with any of the recent discussion on soft-disabled files. We will always strive to contact authors when a file is soft-disabled. Nothing has changed in that regard. Thanks!
We may remove an item from our Marketplaces at our discretion, for any reason and at any time without notice to you. We will not be held responsible for any loss that you may suffer as a result of your item being removed.This new change in the clause doesn’t seem to make sense, although it’s interesting that it was actioned shortly after some heated threads about files being soft-disabled without warning.. well I guess we are all clear now where authors stand with Envato
don’t forget about the thread that discuss influence of envato action (well errors actually) over authors income. Some authors asked for some sort of compensation so the second part of the quote above sums this up and close the circle.
First, a big congratulations to the team who’ve been working on these new terms and the rollout for quite some time and have put a tremendous amount of effort in to make them as good as they can possibly be. It’s really quite an achievement I think how much clearer they are!
I noticed quite a few comments asking about the line in clause 27, and thought I should write a quick response:
Good to hear your voice Collis.This is a little off-topic but I think you should be a bit more active on the forums. I know you are super busy with other things but spending just 15-20min a day just responding to threads would mean a lot to us
Yeah I always think that too! It’s one of those things that I never seem to be able to find quite enough time for. I should block it out in my calendar!!
We will always strive to contact authors when a file is soft-disabled. Nothing has changed in that regard. Thanks!
Ok the only part in the terms which I can find which talks about disabling items is the following:
If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the Marketplaces Terms and these Author Terms, we can at our discretion disable the item or your membership.
This does not mention anything about authors being notified, only that you have personally mentioned that’s what Envato does. But when it comes to legal terms and what authors can expect, we need to see it in the actual terms.
The fact that some people have had files disabled without warning, or for unfair reasons (which were discussed in detail in another thread) just means authors can’t rest assured that when their item is uploaded it will stay there, in the other words, because the terms does not outline the notification procedure when items are disabled, then we don’t have any security that our files and sales are secure – since our items can be disabled without prior warning regardless if the author was truly at fault or not.
Since many of us, myself included have had files unnecessarily disabled, what we were hoping for was to be notified before, not after having a file disabled. And when an item is disabled, it appears to be gone from the site, as if it had been deleted ie buyers see a blank error page – so it’s similar to the other clause where Envato can delete an item without notice.. because a notice being received once the file is offline, is too late – the damage is done. What security do we have as authors, incase we haven’t broken any rules and our file was disabled for unfair reasons? And why is there no procedure to be notified prior to being disabled so that we could give our feedback first in case we are not actually at fault?
I totally agree. Same thing with unfair rating. Authors have absolutely no chance to defend themselves. Few weeks ago I got one star from a buyer who could not install HTML theme as WORDPRESS. He could give me as well one star because this theme is not a camel! When I asked Envato to remove it because it’s obviously wrong, they told me “Sorry, we can not do this because he didn’t break any rule”. Seriously? I can not comment it anywhere, I can not contact the buyer and the rating comments are not public, so other buyers can’t see why he gave me 1 star. Because of one genius the sale is going down, but who cares, right? So when Envato is going to start protecting the authors?
+1 and Totally agree with you on this.