(Locked) My theme WP Avatar taken down after DMCA notice

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.

There are a ton of themes on this site that all look like they were built off of one another. I’ve even seen themes that are complete knock-offs of other sites. But this is the major factor for you guys to understand…

Have you ever heard of Mountain Dew? I’m sure you all have. Now have you heard of Mountain Thunder? Both of these soft drinks packing looks the same (green bottle, energy looking graphics…) and they both taste similar… so is that copyright infringement? NO! Because even though they look and taste similar, they are both using somewhat different ingredients. Actually, just to educate you all, most of the time it’s the same exact ingredients, just different amounts of each ingredients are added to make them taste different.

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

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.

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

btw, even if you see in the cache here

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?

They’re just mad because you built a better mouse trap than they did.

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.

wpavatar said
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

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.

wpavatar said
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.