Am I Allowed To ( I need an official answer )

Envato Customers Looking For
1

  1. I want to add a comparison of some features between my theme and other themes on the market, regarding, for example, page speed. All the comparisons will include images and links to the actual results from GTmetrix.com and Pingdom.com ? Basically the real results between my theme and other themes on the market!

  2. Features comparisons between some functionalities that the theme has and some plugins that offer the same functionalities. All comparisons will be made with video demonstrations. Showcasing my functionality and the other plugins functionality. All plugins that are compared to the theme functionalities are purchased!

The logic answer should be Yes since this is a competition. The best needs always to be challenged. But I would like an official response in case I get something else from a reviewer that may decide too quickly.

Cheers,
Mediacreed - Mario

2

TF staff does not check forum posts, so unless you use @[some staff member user name] don’t expect answer here.

The marketing strategy you have, can increase your sales, but ultimately it will lead to lots of hatred. If you ask me I would vote against it even though it can prove profitable strategy.

3

Thank you PlayerThemes for letting me know I have to tag someone from the staff.

4

@scottwills, @KingDog, @SpaceStockFootage can this be pinged for an official staff reply?

Thank you!

5

I’m not staff, so I can’t say for certain, but I’m 99% sure that wouldn’t be allowed. There may be nothing in the rules about it, but it’s not very ‘neighbourly’, so it could be said that it’s against the spirit of the rules. And if the forum rules are anything to go by (not calling out specific authors or items), then I can’t see it being allowed.

Nothing wrong with promoting the page speed of your items, at a push you could probably get away with comparisons as long as you’re not naming the item you’re comparing it to. I kind of do something vaguely similar, in certain instances, like this from one of my descriptions…

A true-color texture has been specifically created for my Venus animations, which is based on visible light observations by the Mariner 10 probe back in 1974. Most, if not all, commercially available textures for Venus are based on X-Ray images, which don’t reflect how the planet actually looks.

I.e. I’m explaining that my video of Venus is a true representation of how the planet looks in natural light, while subtly indicating that most others probably aren’t… but I’m not calling out any specific items or authors.

6

So if I am 10 % faster than some themes I can’t pin-point that? Let me throw in a scenario.

There are themes that say they are Blazing Fast that they score 90%, 92% on page speed. And when you look at the demos and test the demos they score: 60%, 80%. Isn’t that lying ? Is that fair ?

Users don’t search until you tell them too. They don’t know how until you show them how. So If I will say I am the best of something I need to prove that? Otherwise the users will think that I am lying.

“If you say that you are fast, show me!!” " Oh, I see you are fast"

If phones are compared using benchmarks! Why shouldn’t themes be compared using benchmarks! In the end GTMetrix and Pingdom are reliable soruces, aren’t they?

So if I say I am doing something I want users to see that I am backing it up!

This is a competition not a shake-hand

How did Iphone compared the phone with the others? He showed images of those phones, they called names.

How Bugatti told he is the fastest? He told and then people compared by testing with other super-cars and showed the results!

I have to wait for people to do such comparisons? I don’t think so. I am not breaking any rule. If you say you are fast prove it.

If I am faster than you and can prove it I will call you to the challange.

How can we challenge the top 10-20 without calling them up to a challenge by using reliable test sources?

Is it my fault that big items fall on some areas? No. Their job is to be the best in every scenario. My job is to challenge their best.

If I beat one of their best I think I am allowed to point that. Otherwise I don’t see how there will be a “New Kid on the block”

In the end the users will decide. Remember, this is not a hand-shake. This is a competition. If I am better at something and I can prove it then I think there is no law that can forbid me to show it. Even though I called names.

I will update the comparisons daily. So the ones that will be compared need to improve!

This is a race for being the best. I have the right to try!

Cheers,
Mediacreed - Mario

7

There is no law saying you can’t, but you and I are essentially ‘guests’ here, so we don’t need to break any laws to find ourselves out on our ears! Like if you hold a dinner party and one of your guests is saying the food is horrible. He’s not breaking any laws doing that, and he’s probably telling the truth, but you’re still within your rights to kick him out!

As for your examples about comparisons, that’s a bit different. This is more like a supermarket… Envato is the shop and we’re the different brands selling their products. You can bad-mouth the other brands on TV or on your website etc etc… but I don’t think Walmart would allow you to put up point of sale materials dissing other items that are being sold in the same shop.

Like I say, that’s just my opinion. The ‘powers that be’ might allow it.

8

Another scenario. I say I do something better than another. Envato Staff verifies that and allows it.

I just got an answer from a lawyer. As long as it is verified I should be safe! This is from the law perspective. Now I need a staff perspective.

Again, I dare it to be verified by the staff. Yes an extra job. Hey step-up. New challenges appear every day. If an Envato Staff verifies it that it is true, that should be a starting point. Would you say otherwise?

9

Another option would be to claim it in an anonymous way like Faster with 10% than our competitors without giving any specific links or names.

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My job is to find the best people with whom to race with. Their job, should be to beat me or match me.

Tests are made in all areas. For some time now Phones are compared one with another. Do you see anyone saying we did anonymously? No. Speed test between, Iphone, Samsung, LG.

They do it. Why those benchmarks are reliable sources for phones and GTMetrix, Pingdom and Google Page Speed aren’t for Wordpress themes?

How do we raise the bar without trying new things?

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Real Test Case: A theme from top 10 tells users that he scores: 93% and 80% on GTMetrix and 96% and 95% on Google Page Speed.

Testing what the user said:

  1. First preview scores(tested as I write): 96% and 83% on GTMetrix and 98% GooglePageSpeed
  2. Demo 1(tested as I write): 84% and 86% on GTMetrix and 86% on GooglePageSpeed
  3. Demo 2(tested as I write): 81% and 79% on GTMetrix and 22% on GooglePageSpeed
  4. Demo 3( tested as I write): 44% and %86% on GTMetrix and 60% on GooglePageSpeed
  5. Demo 4( tested as I write): 89% and %81% on GTMetrix and 89% on GooglePageSpeed

Shall I continue the tests @SpaceStockFootage @crivion ? A staff should be reported for user posting false advertise on their Item Description Page. @scottwills @jremick

Isn’t this false advertising? So others are allowed to advertise scores that are not real? To who must this be reported?

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It’s not about whether it’s legal or not. Nobody is going to be doing time if they don’t upload a preview image with their item, but it doesn’t mean it’s going to get accepted on the site. It’s not illegal to wear sneakers, but you’re going to have to put some smart shoes on if you want to get in ‘Club Envato’.

And if Envato feel that highlighting negative aspects of your competitors products in your item descriptions, is akin to wearing sneakers, then they’re not going to let you in the club. Whether they should allow such things is a different matter. You think they should, I think they shouldn’t. Am I wrong and you’re right? I’m not sure.

However, false advertising is a different matter. If you feel that somebody is incorrectly advertising the quality or functionality of an item, then you’re welcome to report it.

https://help.market.envato.com/hc/en-us/requests/new?ticket_form_id=37840

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I will seek legal action if someone forbids me to do something when the law doesn’t.

I told you @SpaceStockFootage that you are defending. You should be outraged that a theme from top 6 lies to users.

Tell me why phones are compared and they are called by names? Can you answer this question?

I don’t need to open the ticket. So basically I am allowed to call and compare since Envato doesn’t do a periodical check.

So user can lie for 2 months, gains an advantage that is unfair. How does Envato respond to this?

I am here to challenge and race others, not to make friends by accepting others lies!

14

You report it and Envato take the appropriate action. That’s the process. It is unfair that somebody can do such a thing, but people who identify such issues need to go through the proper channels.

That’s not how the world works unfortunately. It’s not illegal for me to put a motion graphic clip on a VHS tape and post it to Envato for them to review it… but it would be foolish of me, and quite costly, to take legal action if they don’t accept my item. Just because something isn’t illegal, doesn’t mean that it’s illegal for somebody to forbid you from doing it.

15

What do you say? Then how come Apple was forced by a court law to display a message on their front page?

The law and a court order is above me, you, Envato, Google, Apple.

I worked to hard to let someone forbidding me in doing something the law doesn’t. The only judge is the client, the user. If i want to present real facts to a user no entity can forbid me to.

They can try and I can fight back for my right.

Again! Test theme 6 please! I did not called name I called number. He is false advertising for two months?

He gained advantages for 2 months and other users gained disadvantages. Are there any penalties for false advertising?

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What you need is vendor-independent benchmarks without bias. Why should anybody give you any credit for auto complimenting your own product? Also speed is not a very good argument as there are too many factors in play here including features sported and hosting.

The theme you mention is only providing gtmetrix and google pagespeed tests. Surely you can do the same without name calling on your item page. What happened to fairness, ethics, respect, and sense of fellowship with your competitors? :smiley:

17

@Typps When you false advertise for 2-4 months. Does that mean respect? The outrage thing is that I am not even in Top Sellers. What about the places 7,8,9,10,11,12,13

Was the Theme placed on 6th place fair, ethic and gave respect to others?

This is a competition not a hand-shake. Test are ethical are fair, Google Page Speed is a reliable source.

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If you feel an item description is false advertising then you need to report it. Envato will take the appropriate action.

Envato are well within their rights to allow or forbid whatever they want. It’s not illegal in any country I know of, to insist that submissions are provided in a zip folder. As a result, are you saying that Envato are committing a crime by forbidding people to upload items in anything other then a zip folder?

Envato is essentially ‘private property’. Just like a shop, a swimming baths or your house… they’re well within their rights to set their own rules. It’s not illegal to smoke in your house, but you’re well within your rights to forbid me from doing so. Likewise, it’s not illegal to wear muddy shoes, but if you try and go into the public swimming pool with muddy shoes, then you shouldn’t be surprised if they asked you to leave.

This is Envato’s site, and if they want you to upload a preview image that’s 590 pixels wide then you need to upload a preview image that’s 590 pixels wide. Or you need to capitalize your item title, or zip up your items, or not offer free stuff in your item description, or not call out individual items or authors on the forums, or so on and so forth etc etc.

Just because something isn’t illegal, doesn’t mean you can do it.

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Jupiter_False_Advertising.jpg616×753 64.4 KB

This false advertise is right at the top of the Item Description. It has been there for a time. Other users may have lost due to this false advertise

Users work hard to compete. How does something like this affect themes from places bellow: Like place 7, 8, 9, 10, 11.

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We are talking about a theme placed on the 6th place. We are not talking about a theme that is not in Top Seller.

Basically all themes bellow 6th place were disadvantaged by this false advertise. They all lost in terms of sales!

Well It is your opinion! I am in within my rights to seek justice in a court of law! @SpaceStockFootage :slight_smile:

This is a real case!