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crozer says

Keep arguing.. it won’t take anybody anywhere. If that theme got removed, a lot of other themes should too. That is why having removed WP-Avatar is somewhat unfair. However, after a DMCA , you won’t get it back up.

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MNKY says

Well, there is one of the top selling themes with exact copied elements we created and exact same css classes etc, but we are not going to send any takedown notices about that. Come on.. what about those Apple inspired websites and elements? Does any author here own copyright of some design element or he can provide patent for it…more that sure – NO. See Apple vs Samsung court trials about tablets :)

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wpavatar says

I just read that my item can be reinstated after the material subjected to the claim is removed altogether. And that is the first thing I did. I changed my design to not show just any similarities to the other site.

http://wiki.envato.com/selling/copyright-selling/a-dmca-takedown-notice-has-been-issued-against-my-item-what-does-this-mean/

Getting into counter allegations is a bad idea as it may take a long time and things might get uglier, while the customers are mailing me everyday as some are worried about not receiving future updates and others who want to buy. Moreover, some guys have also started killing my theme by posting it on sharing websites. Anyways, I guess this all is part of the business.

I just opened a third ticket in this regard with Themeforest so that I can be advised about the next steps. I wonder why they are not replying to my emails.

Nick

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wpavatar says

btw, even if you see in the cache here

http://webcache.googleusercontent.com/search?q=cache:E4S7ojArmC4J:themeforest.net/item/wp-avatar/1746361+&cd=4&hl=en&ct=clnk

The inclined stripes are showing on just the main preview. If you see the rest of the previews that are generated with the same theme on this cache page, one can know that my theme is far beyond just this inclined rows thing.

Taking out the inclined rows from the main preview should settle the matter. no?

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wpavatar says

somehow, on not receiving any email from the themeforest staff as yet. It all has started looking like some “teach him a lesson” kind of policy.

I just hope, its not.

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organicbee says

somehow, on not receiving any email from the themeforest staff as yet. It all has started looking like some “teach him a lesson” kind of policy. I just hope, its not.

calm down support takes up to 7 days to respond and sending them 100 tickets because you violated a copyright won’t get it done any faster

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wpavatar says

Please stop accusing me. Whether I have violated a copyright or not is subjective to one’s own judgement and perception.

Just that I have not filed a counter DMCA in order to avoid delays and in hope to find a negotiable way out, does not make me an accused.

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organicbee says

Please stop accusing me. Whether I have violated a copyright or not is subjective to one’s own judgement and perception. Just that I have not filed a counter DMCA in order to avoid delays and in hope to find a negotiable way out, does not make me an accused.
I’m not accusing you it’s fact your file got taken down because of copyright violations if there werent the file would still up
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wpavatar says

Its a standard procedure to take down the item when DMCA notice is received pending verification and resolution.

DMCA notice is not a judgement. It is just a claim.

And please understand. I am not whining about “Why, why, have u done this to me”.

I am here to seek information about the next steps or possible options I may have to get my theme back up. Somehow, I could not find a satisfactory answer anywhere else that is why I have posted my concern here so that I may receive a valuable advice from the more experienced members or the staff.

Kind Regards Nick

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Gofree says

Great to see you are here as I have been searching to know what is wrong with the theme page. Hope this case will be resolved soon enough for me to get your theme for my another project.

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