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Ask HN: $500,000 of copyright infringement on Envato, what to do?
I have a product that was sold on Envato to 12,000 people for $39 by someone I do not know.
I have contacted Envato about it and they asked me to fill a DMCA claim because they say they are a platform.
I did a bit of my own research and it seems that Envato is not a safe harbour (https://www.pc.gov.au/__data/assets/pdf_file/0011/194744/sub080-intellectual-property.pdf).
What should I do next? Seek legal counsel for statutory damages?
- deleted 8y ago[deleted]
- provlem 8y agoHere are things you should do - 1. Fill a DMCA claim 2. Inform author 3. File a lawsuit - amount is huge ( 12,000 * 39 = 468000$ ), I don't see any reason, why you should not. I would like to follow, what are other people opinion on this.
- yani 8y agoThanks!
- techjuice 8y agoYou should talk with a lawyer to see what your legal options are.
- yani 8y agoThanks!
- staticautomatic 8y agoYou should definitely speak to an attorney. You may well be able to find one who will take the case on contingency since there are statutory damages but unfortunately you probably won't have the carrot of statutory attorney fees to dangle unless you registered the copyrights prior to the infringement.
- yani 8y agoThank you!
- saluki 8y agowow, first of all talk to a lawyer. Second, how much have your own sales of your product totaled up to? Just curious if it's a similar amount, more or less and what channels you are selling through. Third, You might want to try get setup selling it on Envato. Sounds like it would be financially beneficial for both of you. Congrats on a great product.
- saluki 8y agoClarification both of you, is you and Envato. Interested to hear what success you were having elsewhere vs what the thief was able to do on Envato.
- yani 8y agoThe product is making more sales than what was sold on Envato. I don't find Envato a better place to sell my products because of their fees (Non-Exclusive Author Fee 55%): https://help.author.envato.com/hc/en-us/articles/360000472943-Envato-Author-Fee-Schedule https://help.author.envato.com/hc/en-us/articles/36000047294...
- saluki 8y agowow, congrats. follow up here and let us know how this shakes out. That's a lot of sales for someone else's product. I wonder how often this happens.