^ Your profile doesn’t contain any “fake respect” kind of badges, but I have!
@mpc, the 1st reason is warning? that issue is both the strength and weakness of very concept dmca. As I said, it is nothing more than learning experience about one of the risks of being author/selling; warning doesn’t even needed because it mostly related to bad luck and could frighten new authors which is unnecessary. Persoanlly I was “shaken” for 3-4 months due to similar issue but later understood its not that much to afraid or regular issue.
However the better warning could be:
1. MIT license is risky when it is released from anonymous domain / author (we may not even have proof of license if something intentionally changed and the medium doesn’t save the history). Secondly some of the coders not even aware what is their own licensing terms. So when it is too good to believe as a free stuff, just have a clarification with original author before using.
2. Never go for free stuff and instead go for more public licencing arrangements such as creativecommons. Recently I have seen someone tried to giveaway free photos here, it would be risky for both the parties unless proper license arrangements made.
Congrats on getting it all sorted out. Good luck with sales.
- Community Superstar
- Sold between 10 000 and 50 000 dollars
- Has been a member for 3-4 years
- Microlancer Beta Tester
- Beta Tester
- Repeatedly Helped protect Envato Marketplaces against copyright violations
- Exclusive Author
- Author had a Free File of the Month
All I can do is sue him, but he is from South America so it wont be easy…
So you say who send you the DMCA was from South Africa?
If we take a look at the envato help center, section A DMCA Takedown Notice Has Been Issued Against My Item
we read at point 4 of section “I do not agree that there has been a copyright violation – what do I do next? Can the item be reinstated? “
“If you are a US resident, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside. If you reside outside of the United States, a statement that you consent to the jurisdiction of the courts in Victoria, Australia (where Envato is located), and the courts located in the United States federal district in which the claimant resides. Include a statement that you will accept service of process from the claimant, or an agent of that person.”
So the claimant (who send the DMCA ) needs to resident of US (since DMCA is a US law, we should not forget that).
How that envato accepted a DMCA takedown request from South African citizen then ask you to consent to the US jurisdiction of the claimant who doesn’t reside in US?
Seams to me that the DMCA against you was not a valid DMCA notice and should had never been accepted
...All I can do is sue him, but he is from South America so it wont be easy…
Not to disrespect your hardwork or invested time mpc, but as a coder I would never dream about suing someone who written code for a CSS /JS based flip book. It is more special to the earth than the licensing mistakes.
Seriously our moderators need to avoid these kind of threads that flames about 3rd parties. Any staff there to check here if everything goes fine?
I just wanted to hop in here because there seems to be some confusion about Envato’s role for this type of situation. We provide a marketplace platform for sellers and buyers to connect through. It is analogous to an app store (eg Apple’s app store). In our marketplaces, the sellers have full responsibility for their items, and any copyright issues with their items.
Envato is not able to become involved in disputes between people claiming copyright and sellers. For more information, see our content policy article below:http://support.envato.com/index.php?/Knowledgebase/Article/View/284
We do, though, strictly follow the DMCA process, which is explained in these articles:http://support.envato.com/index.php?/Knowledgebase/Article/View/114/0/how-do-i-claim-infringement-of-my-copyright-lodging-a-dmca-notice http://support.envato.com/index.php?/Knowledgebase/Article/View/115/0/a-dmca-takedown-notice-has-been-issued-against-my-item
This process is strictly mandated under US copyright law, and so we must by law follow these procedures. The DMCA process is designed to have the seller and the person claiming copyright resolve things directly between them rather than involving the website service such as Envato.
I think this thread has taken its full course so I’m going to lock it up now. If anyone has any questions, please contact Envato Support:http://support.envato.com/