Contesting DMCA claims

Basically, Envato took down my item due to a poorly-written and bogus DMCA claim. I looked into it and immediately noticed incomplete, misleading, and probably completely falsified contact information. The claim itself also lacked legitimacy and substance. Envato told me they don’t care about the legitimacy of information contained within the DMCA.

So I filed a counter notice thoroughly pointing out inconsistencies and false copyright claim. 14 days later I’m completely left in the dark without any notice from Envato. I have no way to sue the complainant because the credentials are made up. The worst part is that one can make completely falsified claims and Envato immediately chickens out. It’s incredible how easy it is to shut down literally any product without any legal repercussions. Envato never checks anything and just takes everything at face value. They won’t even provide you with the details on thieves who commit purchase reversals.

Any tips?

If we receive a valid counter notification, we will send a copy to the person who submitted the original DMCA takedown notice (claimant), then wait 10 business days. Unless we receive a notice from the claimant that they have filed a court proceeding against the Author within that time, we will then reinstate the item within 14 business days from when we received the valid counter notification.

Taken from (and more info) here:

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What does this notice look like exactly? Is it just a confirmation stating “I inform you that I’m taking legal action against xyz,” or is it an actual legal document from the court?

What if the claimant makes this statement, but doesn’t take any legal steps? How am I supposed to verify this? I can’t launch a counter legal action because the credentials he provided in the DMCA are fabricated or incomplete. I even tried contacting the company he supposedly represents and received no confirmstion, even his company email address doesn’t exist (domain error). I’m certainly entitled to receive some sort of legitimate legal notice. I’ve never even been contacted by the claimant.

For this type of issue, I always recommend opening a ticket and asking the Envato Help & Support.

You can get a more detailed answer here:
Envato Help and Support

They have access to your account and your DMCA complaints & counter notices, so the process is easier and more efficient than asking on the public forums.

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I did as soon as my product wasn’t reinstated after 14 days. I explained the issues with the claim again and the fact I cannot retaliate and that I’m being kept in the dark, but it’s been 3 days and I haven’t received any response. Though when I sent the counter notice I got an automated message, which I didn’t get when I sent them my last email. Are you always supposed to get the automated confirmstion (I don’t think you do)? Is it possible that envato didn’t receive it or maybe they’re just conveniently ignoring it?

Envato is never ignoring things just because they are more “convenient”. This is a serious issue and Envato is taking care of it seriously. That is why I recommended continuing the discussion with Envato Help&Support, not in the public forums.

Just keep an eye please on your Spam folder, some emails do go there with some email providers. You should get an email from Envato Support regarding this, if you already open a ticket with them.

I didn’t use the form. I sent a mail at help@market.envato.com. It’s just strange they I haven’t received any response in three days. I’ve just checked my spam, and it’s not there.

Also, I really appreciate your help.

Just checking you’re aware it’s approximately 33 days (10 business days and 14 business days) from the date you file the counter claim? Did you file the counter claim over a month ago?

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No, I filed my counter dmca about 18 business days ago, but I believe you’re in the wrong here according to hevada Envato should reinstate an item:

Ah yes… you’re not wrong! I read it wrong… thought it was the 10 days plus the 14 days. So you submitted it on the 3rd? Well they should have sorted it by now, so I’m sure it won’t be too long if they are going to reinstate it.

On the 6th actually, so it’s already been 16 days without any response. I did send another question and this time received the confirmation email. I just find it strange Envato wouldn’t contact involved party and update them on the situation.

So we’re at 15 working days when the stated time is 14 working days? Maybe a little bit early to be considering legal action… aside from the fact that I’m not really sure what exactly you’d sue them for anyway, but hey-ho.

Simple, the guy committed perjury and indentity theft. He says he represents company XYZ, but doesn’t use company mail. Also, he isn’t listed anywhere and when he provided supposedly his company email, I got a domain error. Also, the address was fabricated, e. g. (I’m from State X, but I’m giving you not only a fake zip code, but also use abbreviation from state Z in front of that zip code (Envato do 0 background checks), also lack of the city name, and made-up street name and number.

The guy’s clearly an experienced scammer. I assume he’s from a 3rd world country cause the dmca was written in an abhorrent English as well. There’s a clause of good faith and perjury in dmca. When it’s clear he’s not acting in good faith, but malicious intent by hiding his true identity. Envato could easily use it in the court against the guy, but they’d rather comfortably ignore it. I can’t go after the guy cause he simply doesn’t exist.

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Absolutely… all good points against the person who filed the DMCA, and DMCA’s without any merit are a serious thing. But you mentioned suing Envato and I’m not sure how that would work.

As for Envato suing the guy… how are they going to be able to sue somebody with a fake name, fake email address and a fake residential address? That’s going to be pretty hard.

But if the guy doesn’t dispute your counter-claim (which is unlikely if he has used a fake email… as he won’t even receive the counter claim), then in theory, your item should be reinstated. I appreciate it’s over the 14 days stated, but it;s only one or two days over the days stated… so I wouldn’t be too concerned at this stage.

If envato doesn’t reply within 14 business days after the confirmation of sending counter DMCA to the claimant, am I in trouble? Did the colmplainant went to the court against me and that’s why envato is not not replying and does not interested in putting back my item? Need help from experts. Thanks.

It’s a trend, I am also in the same situation.

14 business days are over. Now what? Why envato not saying anything about it? They should tell whether they will reinstate the product or not. Does envato ever reinstate products?

Hello everyone, I’ve just received an email from envato with the information that my product has just been reinstated.

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Great! How many business days it took after the confirmation message of sending counter DMCA to the complainant? @Bastian77

17-18 days depending on time zones since I sent them the counter notice and received the automated confirmation, or 16 days since they sent the counter notice to the complainant. A bit longer than the statutory 10-14 days, but maybe they have to deal with a lot of volume of claims and this is why the process takes a bit longer.

If I were you, I’d send them another email asking for clarification regarding the matter. They should inform you if any action has been taken against you. It’s best if you receive the automated support ticket because at least you’ll know the message has been delivered. It’s weird, but my first email didn’t get it, so I sent Envato another one a few days later, and the second time I got it. Then Envato replied me that it’s true the 14-day period is over and that they didn’t get notified by the complainant.

So as expected, the guy was a scammer that committed a crime of perjury and identity theft. What I found peculiar in the response, it seemed as if envato had to be reminded about the case. Maybe, they’re understaffed in certain departments, or one department is responsible for several different areas thus the response time might be longer.

I hope this helps a bit.

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