Yes, anyone can submit a DMCA takedown notice against your item at any time. Envato must legally remove the item from sale and forward the complaint to you. They cannot review the request and try to determine its validity, as that is your responsibility once you receive it.
Recreating a concept or idea is not copyright infringement in itself. That would kill off all competition and the free market if it was the case. There are all sorts of scripts across the marketplace that share the same concept, this is healthy competition.
The issue arises when an item copies scripts, designs, images, or other assets from another. That’s copyright infringement. Even if you rewrite the code in another language or platform, copying code that is highly specific to another item could be considered copyright infringement.
If your item is taken down, you should review the complaint that was forwarded to you by Envato Support. The complainant must provide links to the exact assets that they believe were stolen, and you must correct that infringement.
If the assets that they linked are clearly original works of your own and are not stolen in any way, then in my opinion the proper course of action would be to get in touch with the complainant and ask for clarification on which assets they believe are infringing their copyright.
If you determine that your item does not infringe their copyright, then you can submit a counter-notice as you have already done. However, doing so puts you at risk of an immediate lawsuit if you are actually in violation of their copyright, so proceed with caution.
By not justify.Envato support team can Disable item!!! why?
That’s unfortunately how the law works right now. Envato must execute a properly-formed takedown notice. They are not a court and so they cannot decide whether it’s valid, legal, etc.
Other platforms have the same exact issue. For example, YouTube will immediately remove a video upon receiving a copyright complaint, even if the complaint is blatantly false. It’s an issue with the law, more than it is an issue with the execution (by Envato or otherwise).
about 14 days i am waiting for solve my copy right issue. till now …waiting
Good to hear