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wpavatar says

Hello moderators,

My theme has been taken down after a DMCA was filed by a certain web designer that our theme’s appearance is identical to his. I have tried to explain in the email that my Theme has numerous features and the inclined rows was just one of the features that can be turned off as well. The part that has been claimed for copyright is just 1 % of the theme’s functionality and has also been taken out before I started writing this message here.

I was expecting a reply in this regard, but haven’t received any clue even after more than 24 hours. I tried to contact the DMCA sender, but have not received any response either.

Kindly let me know my options. I have taken out the feature in question totally and have made sure that none of aspects of my theme violate any of copyrights intentionally or unintentionally.

Looking forward to an advice for a workaround this issue.

Regards Nick Raygor

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organicbee says

Hello moderators,

My theme has been taken down after a DMCA was filed by a certain web designer that our theme’s appearance is identical to his. I have tried to explain in the email that my Theme has numerous features and the inclined rows was just one of the features that can be turned off as well. The part that has been claimed for copyright is just 1 % of the theme’s functionality and has also been taken out before I started writing this message here.

I was expecting a reply in this regard, but haven’t received any clue even after more than 24 hours. I tried to contact the DMCA sender, but have not received any response either.

Kindly let me know my options. I have taken out the feature in question totally and have made sure that none of aspects of my theme violate any of copyrights intentionally or unintentionally.

Looking forward to an advice for a workaround this issue.

Regards Nick Raygor

do you understand what copyright infringements are? just because you have nifty features doesn’t mean you’re not breaking the law, you’ll need to change the design to get it back up….

and its best to contact support no one here can help you

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wpavatar says

Thanks for your reply,

First of all, It was unintentional. And Second, the design has been changed totally.

Its just that I have not heard back from support, that is why I am posting a message here. I just need to get a clue so that I don’t keep shooting in the dark.

I am hoping for someone with authority to advice me about the next steps.

Regards Nick

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organicbee says

Thanks for your reply,

First of all, It was unintentional. And Second, the design has been changed totally.

Its just that I have not heard back from support, that is why I am posting a message here. I just need to get a clue so that I don’t keep shooting in the dark.

I am hoping for someone with authority to advice me about the next steps.

Regards Nick
not sure how an almost 1 to 1 perfect copy was accident i.e it was almost to the pixel…..

and all you can do is wait for support to answer you

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wpavatar says

It was unintentional because to start with the design was outsourced and when the theme got online, and was reported, we were not sure about it as the inclined rows and disc buttons for the slideshow was the only similarity. We could not determine if just a combination of the inclined rows with the disc buttons can attribute to a copyright violation. Then the comment posted on theme by the DMCA issuer was taken out by the moderators. So we assumed that probably this does not hold ground and we need not to worry as the comment was wiped by the themeforest staff. Things would have been different if the moderator instead sent a notice or replied in the comments the gravity of the situation instead of taking the comment out. I am new in this field and so I expect a chance to correct the issue.

Anyways, I am waiting for the staff to reply to my email. Its just that I read discussions about similar issues here on the forum so I thought, that probably I might get a quicker reply here.

Thanks for your advice.

Regards Nick.

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jhconcept says

I agree with the similarities between the top seller, the web firm website and the wp-avatar theme… I personally find the design of the wp-avatar more a in between of both.

I like better wp-avatar then the top seller but that is just me, and I like better the web firm site then the wp-avatar one. But I find they are all different, similar but different.

what you guys would say bout the following designs.??

[links removed]

And like this designs you have tones of them all over the web.

WHO COPIED WHO ?

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crozer says

I agree with the similarities between the top seller, the web firm website and the wp-avatar theme… I personally find the design of the wp-avatar more a in between of both.

I like better wp-avatar then the top seller but that is just me, and I like better the web firm site then the wp-avatar one. But I find they are all different, similar but different.

what you guys would say bout the following designs.??

[links removed]

And like this designs you have tones of them all over the web.

WHO COPIED WHO ?

We got it.

Imagine you copy CocaCola’s logo, but put it on a fresh, new, greenish bottle, filled with a completely different liquid. You’ve copied it enough to make it a copyright infringement. The same pretty much applies to themes.

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jonathan01 says

I think the question is more likely… what’s the similarities in the 3 links you gave? Sorry but I don’t see anything copied from anyone really…

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wpavatar says

Well, anyhow. I have changed the design of my theme. I do not want to extend into arguments. Its a very thin line and sometimes it gets crossed unintentionally.

I just want a solution to get my theme back into business. I have seen that people have started misusing it already by uploading it to rapidshare and similar sites. Its just me who has yet to gain any benefits of a whole year of hard work.

I have changed the design completely, and made sure that it does not violate any copyright. Hoping to get a clue about the next steps.

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KingDog Envato team says

Let’s not start linking to different author’s work and start calling them out on the forums, thanks! :)

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