DMCA misuse

Hi,

I became victim of misuse of DMCA recently. I had released several templates recently and one of the author filed the “false DMCA” stating that I have copied some JavaScript code. As a matter of fact, I have developed my own JavaScript more than a year ago and was using same since a while. In fact he actually copied the same code and using in his different templates which have been released recently only. In reality now I have received DMCA for code/content of which I am rightful owner. I have already filed counter notice to him, and already started counseling of legal advisors to take this in court. I was wondering about few questions actually.

  1. How exactly themeforest check for validness of DMCA?
  2. The whole process takes at least 10 days, who is responsible for loss of my sales?
  3. Is there any other suggestion (except described above i.e. counter notice and filing legal case in court) which could help me here?

Any comment/advise would be appreciated.

1 Like
  1. They don’t. They just inform each party of what’s happening… I’m pretty sure the entity that receives the DMCA doesn’t have a responsibility to authenticate its validity.
  2. At present, nobody. But if you can get a court to agree with you, then it would be the person who filed the DMCA.
  3. Not much I can suggest unfortunately. Although if it does come to legal action… do you have evidence of your code existing prior to the other person’s item being published? If so, that should do the job.

Thank you for sharing thoughts. Yes I do have enough proof. As I said, actually I have the code way back year ago. I think that should be enough proof.

Good Luck but I doubt it is worth the court costs. Litigation can cost a very lot and it opens you up to counter lawsuits.