15 ms·
It seems themeforest.net and themeforest.com are owned by an Australian company, Envato Pty Ltd. The DMCA is a US law, and luckily, it seems they're not in the
by jcr 12y ago
It seems themeforest.net and themeforest.com are owned by an Australian
company, Envato Pty Ltd. The DMCA is a US law, and luckily, it seems
they're not in the US.
$ whois themeforest.net
Registrant Organization: Envato Pty Ltd
Registrant Street: PO Box 21177, Little Lonsdale St
Registrant City: Melbourne
Registrant State/Province: Victoria
Registrant Postal Code: VIC 8011
Registrant Country: AU
Registrant Phone: +61.390230074
Registrant Phone Ext:
Registrant Fax: +61.290183043
Registrant Fax Ext:
Registrant Email: domains@envato.com
Envato has a page on DMCA takedown notices, but I'm not done reading it
yet. None the less, it seems they may respond to DMCA Takedown Notices.
http://support.envato.com/index.php?/Knowledgebase/Article/View/534/99/sending-a-dmca-takedown-notice http://support.envato.com/index.php?/Knowledgebase/Article/V...
The important thing is that filing a knowingly false DMCA Takedown
Notice can have legal consequences, both civil (read: monetary) and
criminal (read: prison).
http://www.aaronkellylaw.com/internet-law/consequences-of-filing-a-false-dmca-takedown-request/ http://www.aaronkellylaw.com/internet-law/consequences-of-fi...
Personally, I'd contact ThemeForest/Envato myself to let them know I'm
being harassed with threats of false complaints before the other guy
gets a chance to file his false complaint.
- emeralddesign 12y agoThe theme hosting company is not ThemeForest/Envato Thanks for your advice. As I said, my main concern is I won't be given the opportunity to defend myself by the DMCA institution.
- emeralddesign 12y agoThe hosting for the theme marketplace is GODADDY.COM
- multiplier 12y agoGodaddy? Then you get what you deserve. Hope you lose.
- jcr 12y agoSorry I was a bit dense and took ThemeForest literally. Godaddy responds as most US companies do to DMCA Takedown Notices by removing access to the cited content. By law, they must disable access if they receive a valid takedown request. It would then be up to you to file a "Counter-Notice" with them, at which point they will enable access to your content again. The Digital Media Law Project (DMLP) has some useful info on how to file a Counter-Notice: http://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content http://www.dmlp.org/legal-guide/responding-dmca-takedown-not... If you contact GoDaddy first, and inform them about the false threats, they might consider any takedown request they receive as knowingly false, and not disable access to your content, and/or well as give you time time to file a Counter-Notice. It won't hurt to ask them about what you should do, since at least then you'd have a pre-existing support ticket number to refer to if they do get a takedown notice.
- alternator 12y agoGodaddy? Then you probably deserve this trouble. I hope you lose.
- gasda 12y agoSo he should lose because a website he used, uses godaddy? WTF?
- nness 12y agoIf they have hosting services provided in they US, or by a US company, they may still be effected by DMCA notices (or at least, the hosting provider would be). Australian law is tricky when it comes to the DMCA. There isn't specifically an Australian DMCA, but through trade-agreements there is parity between Australian copyright law and the US', which may include similar provisions.