Envato License

Ok so I have read the Envato regular license pretty carefully. You basically can't buy a theme from them and sell it in mass quantities to the public. That's pretty much a no-brainer.

However, what if you were to purchase a theme from a third-party, who purchased it from Theme Forest? Wouldn't that party have made the contract with Envato? They broke the contract, but it shouldn't hold me liable to that contract, should it?

If I guy approaches me and says, hey I am the author of these 10 themes. Would you like to purchase them for $xx.xx? I say, well sure! Then I post them on my website for sale.

Could Envato file a complaint against me to my host or domain registrar for copyright infringement?

 

I don't think buying a stolen car is along the same lines.

 

It is along the same lines, it is just not the response you wanted to hear.

 

When did this become an attack on me?

I am an Envato author and this has happened to me. Someone is selling my script from CodeCanyon.net on EBAY of all places. I contacted them and their response was.

"We did not purchase this script from Code Canyon, so we are not held to their licensing terms"

I contacted Envato 2 weeks ago, and don't seem too interested in helping me. I have had little communication and the script is still live on Ebay.

Way to make a new member of Digital Point feel welcome...

 

The person who buys a stolen vehicle, script, or anything else is guilty of being in possession of stolen goods in the U.S. Not knowing that the items were stolen might get you some leniency from the police or courts, but that would be up to their discretion as it is no excuse. You should contact eBay and apprise them that stolen goods are being advertised on their site and that you are notifying the appropriate legal authorities. You should then also contact the relevant legal authorities in your and the perpetrator's jurisdiction and advise them of the theft. In most states, it is the Attorney General's office that would most likely be the place to start. Send all of these folks (including eBay) your proof that you are the owner/developer of the scripts and also the email exchange that you had with the perpetrators who have now been advised that the IP was stolen and yet continue to sell it. Good luck.

 

Welcome to the forums, Weekly! Sorry that someone made you feel unwelcome.

I think you're asking a great question because, when it comes to digital goods, this happens all too often. It is different than most physical products because we're talking about intellectual property. Of course, if you purchased a cell phone you are allowed to sell it because that is one physical good. Digital goods / intellectual property are different. You can buy one theme and sell it 500 times. So, let's look at it this way: An Envato theme is protected by copyright - period. If they sell it to me, it is still their copyrighted product. Of course, having purchased the theme from them, I can legally use it, but I have no right to sell it. If I were to sell it, I would be violating their copyright. (In the same way that, when you purchase a CD, you have the right to listen to the music on it, but not to sell it to others. You can sell the CD you purchased, but not copies you made of it.) Now, let's say you decide to buy the theme from me (whether you know it was copyrighted or not is irrelevant). You are in possession of a good which you are not authorized to use. Even though you did not steal it from Envato, you still don't have the right to use it. Envato can demand that you take it down. They can file a DMCA notice with your hosting company. And, per U.S. law, you would be required to comply. You're in the wrong here, no matter what, and you have to give up the goods.

"We did not purchase this script from Code Canyon, so we are not held to their licensing terms"

It doesn't work like that. It doesn't matter where they bought it from. They're still selling copyrighted material. I would contact eBay with proof that you are the owner and demand that they remove any and all auctions/sales that include your copyrighted work. Envato should be willing to help you... and it is very disappointing to hear that they aren't. Perhaps, in the future, you might reconsider where you do business. As jrbiz suggested, try reaching out to your Attorney General - they might be able to provide you with more specific advice.

 

@PhiladelphiaIM @jrbiz
I really appreciate the attention you gave my issue. I just send Ebay a message with the username. I probably won't ever see the funds they received from the 18 sales they made, but at least they will be out of business.

Much appreciated!

 

Honestly, the way you phrased your 1st post, makes it sound like that was your intention.

And then you respond w/ "I don't think buying a stolen car is along the same lines"

As if you're justifying it.

Just saying...