(Locked) Suddenly, Today my two item and $115 removed from themeforest, Pls help

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ThemeRatio
says

Today i log in into themeforest and suddenly i have seen my two item and $115 removed from my account. I don’t understand what happen then i check my email. Envato send a message. They tell me i copy a design wordpress social counter plugin from this site in my Masala and MagNews. I respect DMCA but i am surprised that i never ever visited his website before. I have created my two design in 6 month with hard working But one of the wrong dmca notice removed my two item and dollar. Besides i have withdraw my $400.

Today is my bad day in themeforest. Pls help…...

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MhW
Envato team
says

Hey Jillur,

To contest a DMCA Notice against one of your items, you’ll need to respond to the message you received from Envato Support with a counter-notification:

http://support.envato.com/index.php?/Knowledgebase/Article/View/114/60/dmca---frequently-asked-questions
http://support.envato.com/index.php?/Knowledgebase/Article/View/284/60/envato-content-policy#notice

If you have any questions, feel free to ask those in your ticket and we’ll be more than happy to work through them with you :grin:

- Christian
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hainug
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What kind of help would you need? If you want me to restore your item, i’m sorry, i don’t have right to do that, if you want to get your $115 back, i also have no right to do that. what i can do, is pray for you, hope your item and $115 get back soon. :D

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ThemeRatio
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What kind of help would you need? If you want me to restore your item, i’m sorry, i don’t have right to do that, if you want to get your $115 back, i also have no right to do that. what i can do, is pray for you, hope your item and $115 get back soon. :D

Hello thanks for coment, I love envato and dmca I just tell that why envato take a action for wrong notice and why they are not checked css/html/php plugin code with their.

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ThemeRatio
says

Hey Jillur,

To contest a DMCA Notice against one of your items, you’ll need to respond to the message you received from Envato Support with a counter-notification:

http://support.envato.com/index.php?/Knowledgebase/Article/View/114/60/dmca---frequently-asked-questions
http://support.envato.com/index.php?/Knowledgebase/Article/View/284/60/envato-content-policy#notice

If you have any questions, feel free to ask those in your ticket and we’ll be more than happy to work through them with you :grin:

- Christian

Pls check my notice

Ticket ID: FQL-465-90853

If he think that i have copied his design(but i have not copied his design) first he should send a dmca notice in my email. But without this he directly send a wrong dmca notice on envato.

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fillerspace
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If you file the counter, your item will be back online in a few weeks if the other author doesn’t start legal proceedings. I doubt he’ll take you to court for it, since it isn’t a clear case (basically it’s a Metro design, and lots of people use it), and it’s not worth it even if he wins (the item is for sale on CodeCanyon, and has only made ~$7000). Not sure what jurisdiction it would be in (your country, his, or Envato’s), but in the US where I’m from, it wouldn’t be worth it to file that case because it would cost more than you could win.

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ThemeRatio
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If you file the counter, your item will be back online in a few weeks if the other author doesn’t start legal proceedings. I doubt he’ll take you to court for it, since it isn’t a clear case (basically it’s a Metro design, and lots of people use it), and it’s not worth it even if he wins (the item is for sale on CodeCanyon, and has only made ~$7000). Not sure what jurisdiction it would be in (your country, his, or Envato’s), but in the US where I’m from, it wouldn’t be worth it to file that case because it would cost more than you could win.

I know that i can’t win because he is elite author but i am sure i haven’t copy his design. However i have decided to remove my widget design. First he should be send me a dmca notice that’s my owe.

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fillerspace
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That’s a shame to give up so easily. Remember that he would have to actually take you to court to continue the dmca claim, and the court doesn’t care about elite status. Here in the US courts only care about what you can prove, and he can’t prove you copied just because the design is similar.

164 posts
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ThemeRatio
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That’s a shame to give up so easily. Remember that he would have to actually take you to court to continue the dmca claim, and the court doesn’t care about elite status. Here in the US courts only care about what you can prove, and he can’t prove you copied just because the design is similar.

Thanks i will try to solve my issue with my best consideration.

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