False DMCA Claim

tips-and-tricks

#1

Envato took down one of my items because someone filed a false DMCA claim:

“our sourcecode was stolen from us by a hacker named Martin Koralov, he
managed to have access to our servers and stole multiple backups and put it on sale via
codecanyon”

He even mispelled my name…

How can Envato be so foolish? The claimant provides no proof of such actions. I have been providing support & updates for my item and have built it from scratch. Do they just take down items and freeze funds without thinking?

What can I do from here?


#3

Sue them. Sue them ASAP.


#4

Yea envato has a really crappy reporting system. And the point is that nobody can actually touch them for any harm they cause with there decision, sometimes I think that envato still does not get that there decision can actually hurt lives.

They are actually hurting there own suppliers. I think its just a matter of time when some company that is an author here with sufficient amount of $$$ start giving attention on licence agreement we all agree to here and gets a bunch of lawyers on it then I think all hell will break out.

And another interesting thing, in law abiding countries, contract is signed and agreed from both sides as it is here but… if contract has parts that actually are not by the constitution or any other law in place, then its not valid and in web’s case you can never ever challenge this since its just agree or do not use!

Interesting…


#5

I am going to take legal actions, what is this madness? I loose $100 each day, now that my best selling item is disabled. Buyers are concerned and are constantly asking me what’s going on. Over 310 people are in the dark.
Normal marketplaces, who care for their authors, would contact the author first, after a DMCA is received, before disabling the item.


#6

No. As per the rules, If they received a Legal DMCA, they should take it down instantly. If you feel its an error, Please submit a Counter DMCA and put a case against him to recover the money loss.

Anyway you need to wait 10 days to make it appear again. :frowning:


#9

Going to close the thread as the advice from @surjithctly is spot on and forums are not really the place for copyright etc. conversations.

If you feel that the DCMA was incorrect then you need to contact envato here who will investigate it.

While I sympathise with examples of where it is not the case, envato have an obligation to remove files which have complaints against them until such time as evidence has been provided either way.

Thanks


#10