1999 posts
  • Elite Author
  • Sold between 250 000 and 1 000 000 dollars
  • Author had a File in an Envato Bundle
  • Has been a member for 5-6 years
  • Author had a Free File of the Month
  • Won a Competition
  • Bought between 10 and 49 items
+4 more
bitfade says

@Sneek
contact support for your issue, we’re talkin about a different subject
yours can’t be discussed on forums and will most likely lead to this thread being locked

7282 posts
  • Exclusive Author
  • Has been a member for 5-6 years
  • Sold between 10 000 and 50 000 dollars
  • Envato Studio (Microlancer) Beta Tester
  • Beta Tester
  • Repeatedly helped protect Envato Market against copyright violations
  • Author had a Free File of the Month
  • Bought between 50 and 99 items
  • Referred between 10 and 49 users
+1 more
doru says
campuscodi said
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.

wrong, there can’t be no legal disputes between you and envato on this issue. envato has the right to delete your portfolio and you from the marketplace at any time, and uploading items that are rips off, was, last time I checked, one the main reason to be banned from the marketplace.

campuscodi said
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.

they are not proclaiming nothing, this is how DMCA works. copyright owner send a takedown request, it is not send it to an author but to the marketplace. envato will remove it if the request is genuine.

you give the impression that envato want to minimize they’re responsibility and place it on the authors. Legally they can’t do it, if they receive a genuine DMCA and envato do not comply with it, envato can be sued because they did not removed the copyright material and because they made money from that copyright material.

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

They can’t remove it, even if remotely they would wanted. Envato makes business on the US territory, they need to comply to the laws of the country were they act. They can’t remove something that is the law.

What this thread is all about is when author A have an item and author B makes an identical item like the one from author A, envato should not be anal about it and just check those two files when a reclaim is send to support and not start asking for DMCA . It takes 2 seconds to open two links of two files that are on your own marketplace, how much time and money it will invested in resolving this issue?

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

This statement is wrong. Just think about the fact envato, you and a second author are located in different countries. How a legal dispute can take place, and how much it will cost?

campuscodi said
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.

DMCA don’t apply to Australia. And again, DMCA workd like this. Send perfectly motivated takedown notice. Wait for website to remove the content. If not, open legal dispute in court and ask for damages. If you can prove you right you win. If the website you send the request wants, they can sue you for accusing them unjustly and you pay damage. You can’t come after that and said you were wrong, you just pay.

Also, envato can’t give your informations to anyone apart the law forces.

campuscodi said
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.

Yes, just needs some flexibility when an author contacts you about some issue.

1999 posts
  • Elite Author
  • Sold between 250 000 and 1 000 000 dollars
  • Author had a File in an Envato Bundle
  • Has been a member for 5-6 years
  • Author had a Free File of the Month
  • Won a Competition
  • Bought between 10 and 49 items
+4 more
bitfade says
campuscodi said
This topic is just wrong. All legal disputes should be handled by lawyers, not Envato.
says who ?
newly uploadeded times resembling too much existing ones (in design or functions) can be rejected at review time by pressing a button
if accepted (because reviewers can’t memorize 10k items), they should have the same fate once support is notified.
567 posts
  • Bought between 10 and 49 items
  • Exclusive Author
  • Has been a member for 5-6 years
  • Ireland
  • Referred between 10 and 49 users
  • Sold between 10 000 and 50 000 dollars
iamdok says

As I said in my previous post and as Doru mentions above, Envato have a set of fundamental rules for publishing on the marketplace, to which all registering menbers / authors agree to abide by, upon signing up to publish items for sale.

If these rules are broken at any stage, Envato has the right (by your permission) to delete you and your item. So it is not a case of Envato not being able to get involved, it is a case of they not wanting to…..which is the clarification being sought here., WHY ?

The only reason that some users have gamed the system by sending false DCMA notices to delay or disable the competition’s files is because that opportunity is provided to them by this policy of, not investigating, requesting a DCMA and then asking no questions.

The minimum Enavto should do it to hear the complaining author out, judge from the accompanying material (responsibility of complaining author to prove) whether their fundamental rules have been broken and act accordingly. It can be as simple as this, have their t&c’s of publishing content on Envato been broken and if so, then disable the file and warn the author.

This is not about debating in court if copyright laws have been broken, because as we all know people could argue forever about the subtelties of this question.

567 posts
  • Bought between 10 and 49 items
  • Exclusive Author
  • Has been a member for 5-6 years
  • Ireland
  • Referred between 10 and 49 users
  • Sold between 10 000 and 50 000 dollars
iamdok says
bitfade said
campuscodi said
This topic is just wrong. All legal disputes should be handled by lawyers, not Envato.
says who ?
newly uploadeded times resembling too much existing ones (in design or functions) can be rejected at review time by pressing a button
if accepted (because reviewers can’t memorize 10k items), they should have the same fate once support is notified.

+1 exactly, I dont see how it is any different. At review stage a reviewer (employee of Envato) makes a judgement about whether a file meets the defined t&c’s of publishing on Envato marketplaces. Why then should this be any different to making another judegement, based on new evidence (complaining author’s claims) if the same t&c’s have been abided by or not.

I dont see any difference. The only difference is that Envato would need to invest a few minutes per claim to see if it’s founded or not and then act.

I dont want to hear “it would take too much time” arguments either, because this kind of time investment would eventually become smaller and smaller when people who are tempted to rip off other work see that they will not get away with it. Any anyway, it is a part of running such marketplaces, part of maintenance costs which can’t be avoided.

3072 posts
  • Has been a member for 6-7 years
  • Won a Competition
  • Sold between 50 000 and 100 000 dollars
  • Bought between 10 and 49 items
  • Referred between 50 and 99 users
  • Exclusive Author
  • Romania
wickedpixel says

1622 posts Building the Web.
  • Elite Author
  • Sold between 250 000 and 1 000 000 dollars
  • Exclusive Author
  • Author had a File in an Envato Bundle
  • Most Wanted Bounty Winner
  • Bought between 50 and 99 items
  • Has been a member for 4-5 years
+2 more
ZoomIt says

Yea, I seen some time ago a custom made by me SWF animation in the preview of another new author. I nicely told the author that the swf is mine and should be removed. He told me that it’s made by him ( there was no chance that it was not copied – it was a bubble animation and the movement was 100% the same ). I then contacted support and told me I need to send a DMCA .

I then let it go because even if he lied .. I still think like you a DMCA is to much.. so these stuff I think should be handled by staff.

356 posts
  • Interviewed on the Envato Notes blog
  • Beta Tester
  • Envato Studio (Microlancer) Beta Tester
  • Has been a member for 3-4 years
  • Referred between 1 and 9 users
  • Bought between 50 and 99 items
  • Sold between 100 and 1 000 dollars
  • Exclusive Author
  • United Kingdom
FutureSight says
wickedpixel said

Love it! :D

Guys just get in touch with good hacker and take down this guy :reallyevil:

356 posts
  • Interviewed on the Envato Notes blog
  • Beta Tester
  • Envato Studio (Microlancer) Beta Tester
  • Has been a member for 3-4 years
  • Referred between 1 and 9 users
  • Bought between 50 and 99 items
  • Sold between 100 and 1 000 dollars
  • Exclusive Author
  • United Kingdom
FutureSight says
FutureSight said
wickedpixel said

Love it! :D

Guys just get in touch with good hacker and take down this thief :reallyevil:
7282 posts
  • Exclusive Author
  • Has been a member for 5-6 years
  • Sold between 10 000 and 50 000 dollars
  • Envato Studio (Microlancer) Beta Tester
  • Beta Tester
  • Repeatedly helped protect Envato Market against copyright violations
  • Author had a Free File of the Month
  • Bought between 50 and 99 items
  • Referred between 10 and 49 users
+1 more
doru says
wickedpixel said

nice but false propaganda

you can’t contact support without dmca notice, and dmca notice can be send only by the owner of the item, so this nice vigilante woman who inform us to spot files and contact support is lying

by
by
by
by
by
by