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-bianca- says

Lets be fair, DMCA is the only proper way and so it costs little pain equally for everyone involved (including Envato). However from Envato’s side, there is a way to drastically reduce internal copy-cats. If Envato asks for identity proof to become an author, 90% of copy-cats wont even open their accounts. Problem solved.

+1

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aleluja says

^ +2


When somebody replicates 1:1 the look and functions of an existing popular item, to use completely different js/css/html doesn’t make the thing less harmful for the original author. Frankly speaking, what this issue has to do with copyrights and DMCA notices ? Authors here are afraid of losing money due to copycats (as in design) rather than code ripping.

Nah, it’s just easier to figure out a design copycat rather than code copycats – you surely don’t look at EVERY items code, do you?

And why isn’t there a punishment for hardcore copycats?

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bitfade says

Nah, it’s just easier to figure out a design copycat rather than code copycats – you surely don’t look at EVERY items code, do you?

that wasn’t my point. If i find my code in your item, a DMCA is all i need to take it down and there’s nothing you can say or do to hide the fact you stole it from me. In this case a DMCA makes perfect sense and it’s the only way Envato could deal with the situation.

Most copycats only rip design but none of the original item code so any DMCA can easily be disputed. However, unlike the previous case, Envato just need eyes to decide if an item is a shameless rip and take it down because “my house, my rules”

But they don’t.

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doru says

The DMCA process is the current standard. There’s a good reply from Collis here on why Support needs to go through the DMCA process – http://codecanyon.net/forums/thread/a-question-of-ethics-or-contributory-copyright-theft-/81015?page=4

What Collis is saying in that post can be summed up to: “We don’t want to pay staff to actively seek copyright infringement on the marketplace so we need a DMCA to do something” (I’m speaking exclusively on the rip/copy of other marketplace items by other authors )

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VF says

Most copycats only rip design but none of the original item code so any DMCA can easily be disputed. However, unlike the previous case, Envato just need eyes to decide if an item is a shameless rip and take it down because “my house, my rules” But they don’t.

haha, the “my house, my rules” being done many departments including licensing etc. The only point where Envato doesn’t follow this mantra is monitoring the infringements internally. Cool.

Btw, there is one more way to trap copy-cats. In the item upload page, below the submit button, add a following input field:

Enter the item link, based on which you created this theme: _ _ _ _

I am pretty sure atleast 3 out of 10 blatant copy cats will actually enter that field (I am serious). Many noob authors not aware too many things.

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KingDog Envato team says


The DMCA process is the current standard. There’s a good reply from Collis here on why Support needs to go through the DMCA process – http://codecanyon.net/forums/thread/a-question-of-ethics-or-contributory-copyright-theft-/81015?page=4
What Collis is saying in that post can be summed up to: “We don’t want to pay staff to actively seek copyright infringement on the marketplace so we need a DMCA to do something” (I’m speaking exclusively on the rip/copy of other marketplace items by other authors )

There many more issues that just staffing Doru. If you get involved as copyright police you open yourself up to all types of liability issues. The DMCA process is not perfect but it’s an industry standard and it’s what we’re going with :)

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VF says

There many more issues that just staffing Doru. If you get involved as copyright police you open yourself up to all types of liability issues. The DMCA process is not perfect but it’s an industry standard and it’s what we’re going with :)

Is there any liability problems even while dealing issues between internal marketplace files?

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bitfade says

There many more issues that just staffing Doru. If you get involved as copyright police you open yourself up to all types of liability issues. The DMCA process is not perfect but it’s an industry standard and it’s what we’re going with :)
Envato may refuse, in its sole discretion, to allow you to offer the Product for sale on a Site. Envato is not required to give reasons for refusing to allow you to offer a Product for sale on a Site.
Travis, the above is in your agreement terms and all you need to take copycats down.
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doru says

It appears there is some confusion.

We need someone that when is informed about some obvious copyright infringement between authors can take a look and act if necessary. This hypothetical person should act without the need for a DMCA takedown notice. Should use common sense.

If there is such a person then ok, is just that from Collis post is not clear if envato have this position or not.

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VF says

I guess Envato’s fear is not to enter into the zone of dispute resolution between authors – that’s understandable. Some items might be easy to declare as 100% blatant copy but a 95% similarity may not be easy to solve/convince both the parties (atleast in ThemeForest hehe! ).

But some basic actions from Envato’s side (like author screening, verification etc) to stop the very entry of blatant copiers would justify not having the above.

Can a staff please clarify this? If an author gets banned because of copyright infringements, does Envato monitors the identity of the author to prevent that author from opening another account?

If that author already made atleast one withdrawal, it is possible to trace using transaction details. Otherwise there is nothing Envato has in order to verify/compare in the future. Isn’t it?

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