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fuelthemes 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 …

Exactly what I am thinking. NECTAR_THEME_NAME is a translation phrase that does nothing on the theme.

Change it to WHAT_EVER_THEME, and won’t affect anything. 6 WORDS on about 100k words of code?

I WOULD TOTALLY ACCEPT THIS IF IT WAS SOME FUNCTION, CLASS or ANYTHING DIRECTLY COPIED. (which would be ok if 100% GPL is accepted)

But translation phrases? Come on!

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doru says

(which would be ok if 100% GPL is accepted)

no is not.

if theme is on this marketplace

theme php code is gpl

you copy that gpl code

you can’t publish a theme with that code here

what is so hard to understand? (is an internal envato rule/policy)

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tommusrhodus says

@FuelThemes

Just playing devils advocate here, you keep mentioning Zilla Shortcodes, and yet the translation string ‘NECTAR_THEME_NAME’ doesn’t feature in the plugin, in fact they only use ‘zilla’ in the plugin.

So, if I’m not mistaken, the issue here isn’t that the shortcode generator has been adapted from Zilla Shortcodes, it’s that it, at least, seems to have been copied out of another theme? Otherwise why would you randomly add ‘NECTAR_THEME_NAME’ to those lines?

I’m not for either side on this, just wanted to point this out :)

Tom

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fuelthemes says

Internal you say, here is what Envato has written:

Some Envato sources on GPL: http://notes.envato.com/general/100-gpl-option-now-available-plus-woothemes-arrives/ http://support.envato.com/index.php?/Knowledgebase/Article/View/455

PHP and integrated HTML fall under the GPL, which means buyers are free to use and distribute the PHP and integrated HTML, as long as they do so under the GPL.

The 100% GPL option will apply the relevant GPL license version to your entire theme or plugin, which means others are free to deal with, sell or distribute the item (or its components), as long as they follow the requirements of the GPL.

And not to mention the functions belong to a GPL plugin. Only translation phrases are similar.

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bitfade says

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.
it means you purchased his theme, looked at his code, took that part and modified it to suit your needs. The legal GPL mumbo jumbo won’t get you anywhere: this is not allowed by envato house rules for a good reason.
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supadupa 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 item. Double – standards.

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.

First, it was claimed that your theme looked like another one (personally i thought the same, sorry). And now that themes name found in your codes. If you really thought somebody copied one of your item and later you found your themes name in their codes, i’m pretty sure you’d do the same. To me it looks super suspicious that’s all

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Dream-Theme says

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.

it means you purchased his theme, looked at his code, took that part and modified it to suit your needs. The legal GPL mumbo jumbo won’t get you anywhere: this is not allowed by envato house rules for a good reason.

bll-fckn-sht (alas) :)

You can find bits of Kriesi code even in very-very-very best sellers…

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pixelentity says

If your themes are getting removed for using another TF author’s code, even 6 lines, then this is normal and right. Even if this author’s TF themes, where you got this code, are released with a 100% GPL licence, using his code on TF is against house rules.

In these cases Envato will cite “Similarities” as the reason for the theme’s removal. This is done because that’s the in-house rule you are breaking. In these situations a DCMA cannot be filed by the original author, because the code is GPL and he doesn’t own the copyright, but he can still show the code you took from him to support and your theme(s) using this code will be removed.

This is not similar to cases where other authors have used Kriesi’s code, because he expressly gave that code away on his website for use by other authors. Likewise with the themezilla plugin, so there is no issue there either. The issue is only with the modifications you have made to that plugin, adding the code you took from the other author. (NECTAR_THEME_NAME)

Here you can see this constant in the original author’s code http://themeforest.net/item/salient-responsive-portfolio-blog-theme/discussion/4363266?page=39 (pasted here by the author as a response to a buyer’s comment – only snippet on that page).

It doesn’t matter that this item is not a function or other core code, all that matters is that you have taken code from his themes, they were removed for this reason, and now you are playing the victim here.

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tommusrhodus says


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.

bll-fckn-sht (alas) :)

You can find bits of Kriesi code even in very-very-very best sellers…

Kreisi releases certain PHP functions on his blog though? e.g Kreisi Pagination & Kreisi Breadcrumbs

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fuelthemes says

@FuelThemes

Just playing devils advocate here, you keep mentioning Zilla Shortcodes, and yet the translation string ‘NECTAR_THEME_NAME’ doesn’t feature in the plugin, in fact they only use ‘zilla’ in the plugin.

So, if I’m not mistaken, the issue here isn’t that the shortcode generator has been adapted from Zilla Shortcodes, it’s that it, at least, seems to have been copied out of another theme? Otherwise why would you randomly add ‘NECTAR_THEME_NAME’ to those lines?

I’m not for either side on this, just wanted to point this out :)

Tom

Hi Tom,

You ‘re definitely right about that. The reason we didn’t even care to change the translation phrase is that PHP code should be under GPL. Thats the promise given in Envato Content guides.

I would totally understand your concerns, if it was the same situation in many files or a whole file.

So if thats how its going to be, I suggest everyone should remove kriesi ’s plugins or any other GPL plugins?

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