Below is a DMCA notice that landed in our SPAM folder (it was sent from a different domain to the one stated in the email) regarding the Jet Elements for Elementor plugin. It was also sent to Digital Ocean who are our hosting provider.

We stand by our belief that this plugin (like all WordPress plugins) is GPL licensed. It states within the plugin that it is GPL licensed. The plugin author has confirmed on the Code Canyon website that the plugin is GPL licensed and their wordpress.org author page confirms their GPL ethos.

It seems however that DMCA legislation continues to be misapplied. We are not a USA website but unfortunately our hosting company is based in the USA and they are only to happy to roll over as soon as one of these notices is received whether it’s legitimate or not. We can’t run a business where we are threatened and given 72 hours to remove content or have our site taken offline. It seems Digital Ocean are incapable of telling the difference between a legitimate DMCA notice and a bogus one. They would prefer to shoot first and ask questions later.

We will now be moving our website to a different hosting company. We will be moving to one that respects the freedoms afforded by the GPL license, one that believes in open source software and one that values the freedom and transparency that the open source software model offers.

We hope to restore the link to this plugin once this matter has been resolved.

We have discovered the fact of illegal distribution of our copyrighted content, owned by Zemez.io (https://zemez.io/). Below you’ll find the details:
 

August 31, 2018

 

1: My name is [redacted], I work in Anti Piracy Department of Zemez company (http:/Zemez.io/).

I’m a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

2: Contact information:

[redacted]

 

3: Identify the copyrighted work that you believe is being infringed:

Illegal distribution of copyrighted content, owned by Zemez.io:

https://codecanyon.net/item/jetelements-addon-for-page-builder-elementor/20407053

 

4: Identify the material that you claim is infringing your copyrighted work:

Website is illegally redistributing  our plugin on the following page and should be removed immediatelly:

https://www.gplvault.com/product/jet-elements-for-elementor/ ;

5: I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. Currently most of the materials presented on the website were stolen from our company and therefore we request you  to remove the whole website.

 

6: I swear, under penalty of perjury consistent with United States Code Title 17, Section 512, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Signed:  s/[redacted]

 

By typing “s/” followed by my name above, I hereby adopt that electronic signature as my own, pursuant to 15 U.S.C. § 7001 (the “ESIGN Act”), and affirm consent to its use as such.

Best regards,

[redacted]

Zemez.io

2820 West 8th Str, apt. 15H

Brooklyn, NY, 01011

[email protected]


To whom it may concern,

I am contacting you today as your website has been found to be distributing and/or selling my personally created software, and is in direct violation of copyright law.

Your website is falsely advertising the legitimacy behind selling/distributing my software as “GPL Licensed” software, which is incorrect and in violation of copyright law, and my Software Licensing Agreement under the Terms and Conditions agreed to when any purchase is made on my site, which can be found at https://plugins.smyl.es/terms-and-conditions/#license

My plugins are NOT licensed under the GPL, and may not be sold/redistributed by any website other than https://plugins.smyl.es

I am the creator, owner, and developer of this software and have confirmed this was unauthorized distribution and/or sales of my software, specifically the WP Job Manager Field Editor. https://plugins.smyl.es/wp-job-manager-field-editor

The page(s) found on your site in violation are as follows: https://www.gplvault.com/product/wp-job-manager-field-editor/

My direct contact information is as follows:

Mailing Address:

Myles McNamara

*** Redacted ***

Phone: ***

Email: ***

I have a good faith belief that use of the aforementioned material is not authorized by the copyright owner, its agents, or the law.

I confirm that I am the copyright holder for the content in question, and I am not filing this notice on behalf of another party.

I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

Signed, Myles McNamara *this email signature shall be considered to be a legally binding digital signature for Myles McNamara, the owner and creator of sMyles Plugins.