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pezflash says

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.

Samsung mobiles will never beat Apple. Anyway Apple is continously complaining legally (and logically) about copy issues. This is not about who beats who, but about something that shoould be not happening inside the same marketplace.

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VF says


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.
Samsung mobiles will never beat Apple. Anyway Apple is continously complaining legally (and logically) about copy issues. This is not about who beats who, but about something that should be not happening inside the same marketplace.

+1 but if that is a possibility, we might already seen the protection happening. Lets think about what is possible.

Apples thing is different, they have dedicated personnel to handle all their departments. The exact guy who invented a particular piece of design for apple isn’t going to worry about who copies what. He/she can’t invent further if cares about legal things. We can’t do like them (like a company) as most of us authors are single and we have one possibility – making files! ;)

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doru says



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.
Samsung mobiles will never beat Apple. Anyway Apple is continously complaining legally (and logically) about copy issues. This is not about who beats who, but about something that shoould be not happening inside the same marketplace.

+1 but if that is a possibility, we might already seen the protection happening. Lets think about what is possible.

Apples thing is different, they have dedicated personnel to handle all their departments. We can’t do like them as most of us authors are single and we have one possibility, making files! ;)

and most of us (activeden) hate apple so we should not take them as example,

and

I like samsung, who is a corporation that got successful by duplicating high tech technology, some times better that the original. They proved that “inspiring” is a successful model of business.

I think I’m missing something here, maybe honestly behavior is not a good choice. :|

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pezflash says

I think it should be as easy as:

1. Is this file too similar to any other file already published on Envato? If yes >
2. Soft reject it until we compare slowly the important parts of the components code >
3. Similar code (or) similar design and graphic elements? If yes >
4. Reject.

Now the question is: could a reviewer know all the files inside a marketplace?
Answer: (obviously) no.

So the question should be: if the reviewers can’t know all the files to compare in each review process > Should Envato make the things easier for authors to complaint about copy abusse?
Answer: YES . Asking for a DMCA inside the marketplace in the above situation makes non sense.

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bitfade says

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.
As an exclusive author here, i need clear rules to take my decisions
I expect envato to enforce them and take any necessary action against those who break them.

i can provide shots or code to backup my claims but being requested to send a DMCA takedown notice sounds pretty much like “let’s take us out of troubles first” kind of behavior
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iamdok says

Agreed, asking for a DCMA when an author provides evidence backing up a claim is a “head-in-sand” response. If an item is uploaded to the marketplace which has been based on an existing item ( clear reuse of code to save time & cut corners) then it breaks the fundamental rules of uploading something for sale on Envato , and as such Envato has the right to remove it.

I don’t see why it has been made so awkward to get Envato to examine a specific item or claim without a DCMA being submitted. In the long term it’s in all of our best interests that such items be removed upon discovery.

Why is this not the case? It’s sending out a very bad message.

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SaurabhSharma says
bitfade said
As an exclusive author here, i need clear rules to take my decisions
I expect envato to enforce them and take any necessary action against those who break them.

i can provide shots or code to backup my claims but being requested to send a DMCA takedown notice sounds pretty much like “let’s take us out of troubles first” kind of behavior

+1

Yesterday, I found one of the recently released themes using some icon/graphics that I had custom created for one of my themes (already released). I have contacted the support staff along with clear proofs of the plagiarized icons. The staff has requested a signed DMCA notice so that they can take down the item and freeze the funds.

I was expecting the staff to tell that Author to remove those graphics or take down the item if not followed upon instructions. The DMCA notice is something I do not want to jump in. Further, I do not want to stretch the matter to that extent when it can be resolved within the decision power of Marketplace Authorities.

What should I do next? Should I contact the Author and ask him to take down those icons? Do I have to resolve this on my level?

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ParkerAndKent says
SaurabhSharma said
What should I do next? Should I contact the Author and ask him to take down those icons? Do I have to resolve this on my level?

Yes, if you want to be nice ;)

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campuscodi says
SaurabhSharma said

+1

Yesterday, I found one of the recently released themes using some icon/graphics that I had custom created for one of my themes (already released). I have contacted the support staff along with clear proofs of the plagiarized icons. The staff has requested a signed DMCA notice so that they can take down the item and freeze the funds.

I was expecting the staff to tell that Author to remove those graphics or take down the item if not followed upon instructions. The DMCA notice is something I do not want to jump in. Further, I do not want to stretch the matter to that extent when it can be resolved within the decision power of Marketplace Authorities.

What should I do next? Should I contact the Author and ask him to take down those icons? Do I have to resolve this on my level?

The DMCA is a legal protection that Envato has against authors that had their items taken down.

It prevents them from suing Envato, channeling all legal disputes to the two plaintiffs: the ripper, and the ripped-off.

In other words: Envato is proclaiming to be just a host for the files, handling payments for them. All copyright issues should be (and as normally is) handled by the two sides.

The DMCA notice will not be removed from the Envato marketplaces. I know that even without being in the staff.

It is just as stupid as per example MediaTemple preventing users to upload a theme to their servers because it was ripped off by someone.

This topic is just wrong. All legal disputes should be handled by lawyers, not Envato.

What Envato should do is to request more personal data about users, including copies after IDs. So when a legal dispute is under way because of a DMCA and there’s proof of that, it can provide details about the person that ripped off someone, and have them battle it out in the courts. But I’m not sure about this, since I haven’t studied all the DMCA and don’t know all the legal terms that it is under in Australia.

Bottom line: the system in place now is sound enough.

Second Bottom line: This copyright dispute is always tricky. I know for a fact that some authors purposely send false DMCAs or copyright infringement notices to Envato. They do this for files on the main page in the same category/trend with their own, just to have that item deactivated and for them to have more time in the “spotlight.” So in the end I understand Envato’s stand on this, and keep a long long distance from any copyright dispute/item filter. It’s just TOO tricky to judge.

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SaurabhSharma says

@Parker – I think I will contact the Author.

@campuscodi – Thanks for a detailed answer. Things are much clear to me now.

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