[URGENT!] Copy infringement

[Presthemes]

To our beloved friends and valued customers,

At the moment, our themes are being infringed copyright by an account UNTOBIZ on www.prestashop.com

Followings are themes detected as nearly 100% infringement from our products, please take a glance:

 

1) COPYRIGHT VIOLATION: http://addons.prestashop.com/en/neutral/17756-untobiz8.html

                                           http://addons.prestashop.com/demo/FO9695.html

 

 

     ORIGINAL PARAGRAPH http://themeforest.net/item/responsive-prestashop-theme-eggthemes-bestchoice/4837416?WT.ac=portfolio_item&WT.z_author=tvlgiao

                                         http://demo3.eggthemes.com/et_bestchoice/index.php

 

 

2) COPYRIGHT VIOLATION: http://addons.prestashop.com/en/fashion/15866-untobiz2.html

                                           http://addons.prestashop.com/demo/FO8346.html

 

   ORIGINAL PARAGRAPH: http://themeforest.net/item/responsive-supermarket-prestashop-theme-gomarket/5299356?WT.ac=portfolio_item&WT.z_author=tvlgiao

                                           http://demo3.eggthemes.com/et_gomarket/index.php

 

 

3) COPYRIGHT VIOLATION: http://addons.prestashop.com/en/high-tech/17814-untobiz10.html

                                           http://addons.prestashop.com/demo/FO9754.html

 

    ORIGINAL PARAGRAPH: http://themeforest.net/item/electronues-responsive-prestashop-theme-/5633825?WT.ac=portfolio_item&WT.z_author=tvlgiao

                                          http://demo3.eggthemes.com/et_electronues

 

4) Many themes of this account infringed our copyrights by copying modules developed by Codespot to add to their themes. Please view and check with the following examples:

http://addons.prestashop.com/en/fashion/16820-untobiz5.html

 

 

 

 

These actions vilolated DMCA and damaged the harmony of trade market of open-source themes.

Please help us to report this account and ask other people to avoid purchasing these infringed products.

If you find other infringements related to our products, please kindly report via mail [email protected]

Your actions involving reporting and blocking this account are highly appreciated in the community.

Many thanks for all support!  

[Presthemes]

We already reported to Prestashop.com but no responses. Any ideas to help???

[Dh42]

The first question I would ask since I am familiar with theme forrest is have you sold any extended licenses of your themes in question. 

[Presthemes]

Thanks!

We sold to many customers with these themes and extended licenses also. You can check the account tvlgiao on themesforest for further details of products as well as track dates we released these themes.

Btw, can you help to alert others to avoid infringed themes and please kindly show me more ways to report the violating behaviors?  

[Dh42]

If you have sold extended licenses for the themes I am under the understanding that they can change things about the themes and resell them. I have reached out to someone at themeforrest that I know to see if he can clarify the issue. But that could be what is happening. 

 

 

On another note, I have optimized many of you guys themes, you need to tighten your ship up, printing css out to a file with a php extension is not secure and you should know better. 

[Presthemes]

Many thánks for your comments!

But they can use modules developed by our team, cant they? And copying nearly 100% layout and code like that is infringing. 

[NOAHMarket_com]

Many thánks for your comments!

But they can use modules developed by our team, cant they? And copying nearly 100% layout and code like that is infringing. 

Have you registered your copyright ?

 

http://www.wikihow.com/Copyright-Material-%28US%29

 

 

If It Is Not Registered, Then it Isn’t Copyrighted

This one is, at best, partially true. As I said above, copyright in a work is created once the work is fixed into a tangible medium of expression. However, registering your work does provide you with extra protections.

First, in the United States, you have to first register your work before you can sue for it. Second, you can only get statutory damages for infringements that took place either after the registration or after publication if the work was registered within three months. Without statutory damages, most copyright infringement lawsuits are a waste of resources.

However, if you aren’t planning on suing anyone, the registration process itself is a waste. You can still file DMCA notices, send cease and desist letters and demand licensing for your work.

Source https://www.plagiarismtoday.com/stopping-internet-plagiarism/your-copyrights-online/3-copyright-myths/

[vekia]

it's irrational to register copyright to such things like themes, i think 

[Xavier du Tertre]

Hi,

 

UNTOBIZ's themes were removed from the Addons marketplace.

 

Hope it solves the situation!

[Presthemes]

Many thanks for your notice!!!     

If you, by the chance, find any copy infringement of our porfolio, please help to alert us and other people!

Again, thanks a lot! 

[Xavier du Tertre]

Presthemes, I'm gonna be 100% honest with you, if UNTOBIZ bought an extended licence of your themes, they are allowed to do minor modifications and sell those themes. We didn't remove them for copyright infringements, but rather because we don't really like this kind of proceeding

 

You should make sure that you sell your themes with the appropriate licence, if you don't want those themes to be sold by someone else.

[Krystian Podemski]

Hello Xavier,

 

Sorry but my theme is rip-off by untobiz and I didn't sell ANY extened-license of theme AND extended-license on Envato doesn't allow UNOTOBIZ to sell my theme!

 

This is "their" theme:

http://addons.prestashop.com/en/children/17808-untobiz9.html

 

This is my base theme:

http://themeforest.net/item/control-responsive-prestashop-theme-blog/7048341

 

and demo modifed in Theme Options: http://www.prestahome.com/themes/control/_demo2/

 

They don't have license for sell my work on your marketplace and already they sold my theme and my module - illegally!

 

And one more thing - extended license on Theme Forest deosn't allow to redistribute theme.

Edited October 25, 2014 by Krystian Podemski (see edit history)

[vekia]

From my point of view it's a kind of piracy,

moreover - no extended licenses (as PrestaHome said) were sold

[Dh42]

Yes the extended licenses allow you to change it and distribute themes and modules, that is what they are for.

[Krystian Podemski]

No. Sorry, not with Envato:

 

 

 

You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications.

 

But as I said - I have not sold any Extended License for Control.

[Dh42]

Actually that is what the extended licenses are for, I have actually talked to a couple people at envato about it. Also here are several examples of it happening. http://codecanyon.net/user/themepunch They developed the revolution slider, SmartDataSoft extended licensed it, http://codecanyon.net/item/slider-revolution-responsive-prestashop-module/7140939 Then that module has been redistributed with themes because it has an extended license.

[Krystian Podemski]

Oh, you're talking about modules...

 

1. By default modules purchased on Envato can be also used on Envato marketplace only 

2. If you purchase Extended License of theme you can't sell this theme on other market. This is not working like that.

3. If you purchase Extended License for module you can't include this module on other market if you don't have permission from author.

 

But let me be clear:

 

I have list of all extended license of Blog For PrestaShop and Control Theme - UNTBIZ doesn't have any Extended License of my theme or my module (Also I never sold EL for Control, only for Blog).

 

Mainly I'm talking about the fact that they just copied my THEME and sell here!

Edited October 25, 2014 by Krystian Podemski (see edit history)

[Dh42]

Here, let me paste the extended license from envato, I have highlighted the parts that say that you can make a modified theme out of a theme you purchased and sell it. http://screencast.com/t/zYqw0iEnh  You can make one end product that is sold, that means you can make a theme and sell it.

[Krystian Podemski]

Ok. I will not argue. 

 

I repeat: none Extended license was not sold and I demand to remove this theme from market.

 

I am wondering how you  can imagine some cases, buying Extended for #1selling template, and someone can sell in other place? I guess you even don't believe that's how it works. According to me you can not sell the template as a "stock" in other marketplaces.

Edited October 25, 2014 by Krystian Podemski (see edit history)

[Dh42]

The template is not stock, it looks like they changed a few images, so it is no longer stock. 

 

 

Honestly I think their terms allow for this, this is something you have to consider when you are getting into bed with envato, the PrestaShop addons store does not allow for extended licenses for reasons like this. 

 

I realize you have not sold any extended licenses for the theme mentioned as well. 

[Krystian Podemski]

I'll ask Envato for clarification.

For now I am working on publication my theme and modules on official Addons, I am tired of these stupid thieves.

[EricSchwartz]

Hey everyone! Eric Schwartz from the Envato Market team here. This topic was brought to our attention and I wanted to jump in an clear up any confusion with respect to the Envato Market licensing terms.

To be clear, modifying a theme and reselling it as another theme is in fact not permitted according to both the Regular and Extended license terms, where we specifically do not allow redistribution of an item as stock, tools and templates, or with source files. See Clause 8 in the license, with additional clarification in the licensing FAQs here as well as here.
 

8. You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications.

 

 

When you license a theme from Envato Market, in this respect the end product is the final website itself, not another theme/template. Each license grants the theme's use in a single website, and the website itself can have unlimited end users/visitors. If access to the website is free, a Regular License is all you need, but if use of the website is sold to end users (e.g. site content is behind a paywall), an Extended License would be required.

In summary, redistributing/reselling a theme by itself or as a modified stock template, either free or sold, is not allowed under any of our licenses.

I hope this helps clear things up!

[Krystian Podemski]

Thank you for clarification Eric. Fortunately author who rip-off my theme reacted fast and delete it from market.

Edited October 27, 2014 by Krystian Podemski (see edit history)

[Xavier du Tertre]

All's well that ends well

 

Thanks Eric for your intervention.