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fuelthemes says

For someone who sold that much I find shameful to cry about this. Didn’t you had the resources for something as simple as a ‘shortcode generator’. Also if he was first with the theme is no double standard.

The shortcode generator in question is a plugin released by ThemeZilla: http://www.themezilla.com/announcing-zillashortcodes/

It’s released by Gilbert Pellegrom, author of Nivo Slider that we love, as GPL and we feel honored to use it in our themes.

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squaredWeb says

ALL themes on ThemeForest uses are using someone else’s GPL code. 100%. Moreover you do not have to search long to find Kriesis code in other top selling items. Everybody knows that.

Envato, guys, are you nuts out there? You do not notice others GPL code in top sellers, but removed this guys theme. Double standards?

This 100%. If we start disabling themes for the use of gpl licensed code we might as well close down. I can understand that envato envokes some kind of house rules regarding the implementation of premium plugins, even if they are gpl licensed, but this has to be a joke.

Free Bouncy!

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fuelthemes says

Thanks for the support, Jarel is saying that this action was taken due to the history of two themes, that they look similar.

Design and code is two different things. Eventhough our work was original and psds were included, we abided by rules and changed our theme accordingly, and then it was enabled.

Looking similar and GPL has nothing in common and authors cannot be treated like this.

At this point, to get the word out, I am willing to share my wordpress theme and psds.

You ‘ll probably get it for free on wpcandy :)

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PrimaThemes says



Sure here is the code. This is the only code similarity throughout two themes and sent to me by the support and I THINK it is caused by the name “Nectar”.
just to clarify, NECTAR_THEME_NAME constant is defined/used in the other theme code and not in the GPL shortcode generator ?
Just this file, “on lines 169, 173, 174, 191, 264 and 284”. So 6 words.

After reading your clarification, I think the issue is not in the GPL stuff… But when the reviewer find this “NECTAR_THEME_NAME” in your theme code, then reviewer think that you copy this small part of this code from the other theme…

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bitfade says

Just this file, “on lines 169, 173, 174, 191, 264 and 284”. So 6 words.
it doesn’t matter how many, if NECTAR_THEME_NAME is only used by that author but then it’s found also in your theme, that means (at least for that part) your code is based on his and that’s not allowed by in house rules.
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VF says


Just this file, “on lines 169, 173, 174, 191, 264 and 284”. So 6 words.
it doesn’t matter how many, if NECTAR_THEME_NAME is only used by that author but then it’s found also in your theme, that means (at least for that part) your code is based on his and that’s not allowed by in house rules.

Yeah, also fuelthemes mentioned that the exact same theme got removed for design similarities – so probably this is different from GPL. The design elements as well as unique variables on code is not easy to ignore.

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doru says

what NECTAR_THEME_NAME is doing in your code if you say you didn0t not copied from that other theme?

don’t understand.

gpl works on themeforest only if the source is outside the marketplace.

if you get gpl code (PHP) from other items here even if is gpl you CAN’T use it on this marketplace. Is an inhouse rule that have nothing to do with gpl.

If you and the other author got the code from the external plugin you’ve mentioned should be ok, yet you still have to explain what NECTAR_THEME_NAME is doing in your source code.

ANYWAY

this is idiotic with this 6 lines of code and NECTAR_THEME_NAME when

there is an author that when you click on his items preview he replaces the banner at the top with a custom banner that offer FREE THEMES. Also there is no “get back on themeforest” button on this banner!

If the staff who disables themes is around (I’m sure it is) should take a look at this massive infringement of marketplace rules

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supadupa says



Just this file, “on lines 169, 173, 174, 191, 264 and 284”. So 6 words.
it doesn’t matter how many, if NECTAR_THEME_NAME is only used by that author but then it’s found also in your theme, that means (at least for that part) your code is based on his and that’s not allowed by in house rules.
Yeah, also fuelthemes mentioned that the exact same theme got DMCA for design similarities – so probably this is different from GPL. So the design elements as well as unique variables on code is not easy to ignore.

+1. I mean, don’t get me wrong or anything but every other week one particular item of yours is getting removed. That can’t be a coincidence right?

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fuelthemes says

THERE IS NO DMCA involved neither on design nor code. Just my word against another.

I wish this was a legal issue. Then I could pursue this legally with my lawyer. I already emailed fsf.org and ma.tt of WordPress because there was a discussion about this a while back.

In my defense, I used the same shortcode generator and modified it, provided by ZillaThemes. NECTAR_THEME_NAME is a translation phrase that we or anyone can use to translate their themes.

We are providing translation for front-end only, not the backend, so buyers cannot change those phrases. Which means, that phrase does not mean anything.

I remind you, everything aside, 100% GPL is 100% GPL. Do you know how many themes use Kriesi ’s breadcrumbs and pagination code? which starts with something like:
function kriesi_pagination($pages = '', $range = 2)
WordPress PHP code is 100% GPL and cannot be used against authors.
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fuelthemes says

+1. I mean, don’t get me wrong or anything but every other week one particular item of yours is getting removed. That can’t be a coincidence right?

The same author is asking support for removal of my same item. Double – standards. I AM THE VICTIM HERE. Its the same author asking support for removal of my item.

Look, I have been an author for 4+ years and never saw anything like this. Other author, less than 1 year!

I will file an official DMCA for the other file in question and get their item removed.

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