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FlexiPress says

i’m not talking about php code, however it would be interesting to know if anybody is allowed to use any other top author wordpress framework to build themes to be sold on TF.

from my personal opinion, it is technically allowed (when the php code uses GPL license)... :D it is sad but it is true… :-( but most of authors here don’t do that because of moral, ethical, technical, support, and unique reasons…

let’s back to the original topic… :D

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wickedpixel says

Yeah, most people in the world are kind people. But there are measures that protect them from bad people. :)

Anyway… it’s kinda super annoying to design, debug, build and polish a project… to find out that it will become open source for everyone to take and sell for granted.

So… how does that DCMA work? Has anyone used this thing here in the markets?

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bitfade says

but most of authors here don’t do that because of moral, ethical, technical, support, and unique reasons…
business and moral/ethics don’t fit well together, lesson learned quite some time ago.
This stuff left to author’s discretion (not policed) = allowed , as far as I can see.
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flashedge says

I suggest to implement this DMCA thing and tell everybody how to protect their own work. Also reviewers should be more wakeful, you all know what I mean. :tired:

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Raincutter says


but most of authors here don’t do that because of moral, ethical, technical, support, and unique reasons…
business and moral/ethics don’t fit well together, lesson learned quite some time ago.

I can totally confirm about that!

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fillerspace says

if you are talking about php code in a wordpress theme, please remember that the license of PHP code in a wordpress theme is GPL … So, as long as they give proper credit for your code in the theme files, then we can’t do anything. It will be different if they copy most of your php codes and don’t give proper credit, they are “bad”! And Envato will take action when you report it.

As an aside…the WordPress GPL states that only PHP code that interacts with WordPress code must inherit the GPL license. In theory couldn’t I write code that wraps every WordPress function and class, and have that inherit GPL , and then build my framework on top of that abstraction layer? Like this:


//GPL code because it interacts with WordPress code
class WP_Wrapper {
  public static function have_posts() {
    return have_posts();
  }
}

//Not GPL because it only interacts with wrapper class
if( WP_Wrapper::have_posts() ) {
  //do something
}
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bitfade says

this has nothing to do with the GPL license.
it’s all about envato rules regarding what can or can’t be sold here

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doru says

I see a lot of confusion about DMCA .

lets state some facts,

DMCA is a USA law, I can safely say that if you live in some other country than USA then you can safely ignore whatever DMCA request you will get. You can argue about the following fact, but US laws do not apply on the whole planet last time i checked.

Is good to know that there is a similar thing for European Union, called EUCD . But this last one is not really a law, but a directive, means it have no actually value and what really applies are the copyright laws of the European Country where you live.

Now specifically, only the owner or a person authorized to act on behalf of the owner of a copyright material, can send a DMCA takedown request. Sending DMCA request is made under penalty of perjury, meaning that if you are not able to prove that the content was stolen from you, then you can be counter sued and you can pay damages, costs and attorney’s fees to the alleged infringer, the content service provider, or both.

But this apply to non US citizens? I don’t think so.

Now what follows are some personal deduction not based on facts, personal ideas and that are probably false, so take at it is:

- envato received a lot of messages against content from this marketplace. People who found some content online made from templates from here and decided that the authors stole that content. Maybe some clients who were assured that what they paid for was original and not stock items. To make this short, a big part of infringements messages were not genuine from various motives.

- checking each of this messages is time consuming and in the end a cost for envato.

so

asking for a DMCA email implies that,

the request is well documented as required by law, the request is made by the owner of the copyright material. No more random messages.

probably this is a good idea, if envato will not become to bureaucratic about.

And when some author points someone who got inspired a little to much from his fellows a more liberal approach should be taken and not directly ask for a DMCA letter. ;) Because that’s lame.

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pezflash says

The problem is that this checkbox the end of the upload form is quite risky, IMO :
“Any images, sounds, video, code, flash, or other assets that are not my own work, have been appropriately licensed for use in the file preview or main download. Other than these items, this work is entirely my own and I have full rights to sell it on ThemeForest.”

Obviously none has asked Pixar for permissions (or even Obama!), and TF is full of templates using its images. If reviewers have the order to avoid control that once that checkbox is checked, i guess same is happening with other authors codes, designs and much more important: concepts and ideas.

Anyway, changing variables names doesn’t make a script your own work. And this should be controlled by reviewers. If something looks very similar to another file already published, will be better to hold on it for a couple of days for a deep comparision that just publish and wait for authors complaints on support.

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VF says

No use with discussions. When I heard about author’s max % increased to 70, I know these gray areas are no longer going to be resolved or even clarified. I faced only one example. One of my file’s design copied almost 75%, reported to support and they asked to send DMCA . I just don’t care more than reporting to support as that is not my business strategy. Obviously the copied one is no longer harmful for my sales.

I believe that the original author not only comesup with original idea – code but enough ingredients that makes sales. It is a rare thing that a copy cat beats sales of original author.

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