Vas Blagodarskiy WP Ninja Popup - Arrr! More Piracy

41 replies
You may have seen this thread about Vas's WP Vicom plugin: http://www.warriorforum.com/internet...ringement.html

Quick Update On WP Vicom (click here for screencap - resellers take note)- "Yes, license is revoked and when envato revoked his license they gave him explanation about split license - this time official one. As Collis (Envato CEO) wrote to me, they gave him a "pre ban warning". - Michael WPBakery

Affiliates (probably because they didn't know any better so it's not their fault) are promoting his latest launch WP Ninja Popup today....

CodeCanyon's Ninja Popups for WordPress by Arscode - WordPress - Ninja Popups for WordPress | CodeCanyon

WP Ninja Popup - WP Ninja Popup Plugin for WordPress

Image of opt-in forms from CodeCanyon's Ninja Popups For Wordpress on the description page: 2014-07-25_1250 - MarkHess's library

Image of opt-in forms on Vas's WP Ninja Popup sales page - 2014-07-25_1253 - MarkHess's library

"Themes and plugins sold on the Envato marketplaces are sold under a default split license."

Envato Split Licensing and the GPL — what does it all mean? - http://support.envato.com/index.php?...es-it-all-mean

A licensing discussion took place on this thread duing the WP Vicom launch.
#arrr #blagodarskiy #ninja #piracy #popup #vas
  • Profile picture of the author Paulo70
    Same styles Vas.

    Arscode said -

    "We are not a partners of this gut. This website is fraud and soon will be closed.

    He is a cheater - the same thing he did with Visual Composer. He is also not fair with affiliates. we reported it to Envato and JV and PayPal."
    {{ DiscussionBoard.errors[9387099].message }}
  • Profile picture of the author Jesus Perez
    Wow. Just wow.

    This seems to be his only business model and that's scary. He buys Extended Licenses from successful CodeCanyon products (that do not include resell rights) and sells them as his own.

    Then he hides behind GPL despite the fact Envato clearly explains it's a split-license GPL. One half of the GPL allows anyone to do anything (PHP/HTML)....the other half (CSS/Images) does not and is copyrighted by the owner. In case you still don't believe me, here's the official answer from WordPress.

    Envato won't be happy with this one. I hope Vas saves the earnings of the plugin for his legal fund. Envato isn't exactly broke. (In the 2013 Envato Wrap Up, Collis Ta'eed indicated that Envato has paid out a total of US$140 million to its community of authors, affiliates, freelancers and instructors). He's put Envato in a position where they have to protect their reputation and freelancers.

    I especially feel bad for the buyers. They'll be redirected towards the original CodeCanyon authors for support. But those authors won't support the product because it was sold by an unauthorized 3rd party. So buyers will be stuck having to buy the product again to receive help.

    Muy loco. http://i.imgur.com/8nufzCX.jpg
    Signature

    {{ DiscussionBoard.errors[9387173].message }}
  • Profile picture of the author Chris Baxter
    Vas is located in the US.

    Surely there must be some kind of Governmental fraud unit he should be reported to?
    {{ DiscussionBoard.errors[9387219].message }}
  • Profile picture of the author kaes
    Hi,

    looks like another Vas`s fraud - here is discussion with Ninja Popups author (ARScode):

    https://www.facebook.com/ebrianrose/...72352219483940

    Regards
    {{ DiscussionBoard.errors[9387465].message }}
  • Profile picture of the author Chris Baxter
    JVZoo don't appear to care about this any more.

    In which case, Envato and the WF will be raped silly as everyone tries it on.
    {{ DiscussionBoard.errors[9387539].message }}
  • Profile picture of the author bwh1
    WTF

    this is nuts, I just got in here and found out about this whole mess about the VICOM plugin.

    Man, I had no idea about this and even purchased the PLR upsell, over 120 bucks for both.

    Now JVZoo kicked out ViCom and I'm slapped in my face.

    How in the heck am I supposed to get a refund for this as I have small hopes that Vas honor any of the refund requests?

    Should I go to JVZoo?

    I'm seriously pissed.

    G.

    P.S. I requested a refund to VAS, after I purchased this at the 18th this month. JVZoo gives a s..t about us clients and don't offer any support. So either the seller honors his guarantee or we are toast.

    The money is most definitely still in JVZoo's hands so why they don't take part of the scammed and help to resolve this, after all they where the platform we purchased this at.

    Start to hate this niche.
    Signature

    Affiliates Wanted! Make anywhere from 42,- to $72 in commissions. Simply Recommend the Best QuickBooks Pro Video Course available at Clickbank.

    {{ DiscussionBoard.errors[9387576].message }}
    • Profile picture of the author Chris Baxter
      Originally Posted by bwh1 View Post

      How in the heck am I supposed to get a refund for this as I have small hopes that Vas honor any of the refund requests?
      Simple. Just open a Paypal dispute and state you have been sold Pirate software (Paypal hates Pirate software)

      You can even quote Mark's original WF thread to add weight to your position.
      {{ DiscussionBoard.errors[9387829].message }}
      • Profile picture of the author ForumGuru
        Banned
        Originally Posted by Chris Baxter View Post

        Simple. Just open a Paypal dispute and state you have been sold Pirate software (Paypal hates Pirate software)

        You can even quote Mark's original WF thread to add weight to your position.
        Yeah, this is a pretty good idea and I have done this twice in the past 5 years on pirated software that I was sold and both times I was refunded by PayPal. I believe I actually called them as well but in the end both times I was refunded and they seemed happy to do so in both cases...

        Cheers

        -don
        {{ DiscussionBoard.errors[9387918].message }}
      • Profile picture of the author bwh1
        Originally Posted by Chris Baxter View Post

        Simple. Just open a Paypal dispute and state you have been sold Pirate software (Paypal hates Pirate software)

        You can even quote Mark's original WF thread to add weight to your position.
        I will do so on Monday. leaving some days for him to refund in good faith.

        I once ask for a refund over Paypal and got nowhere as they don't cover digital goods.

        Maybe that's different in case of piracy, somehow they could get involved so they don't like that at all I guess.

        G.
        Signature

        Affiliates Wanted! Make anywhere from 42,- to $72 in commissions. Simply Recommend the Best QuickBooks Pro Video Course available at Clickbank.

        {{ DiscussionBoard.errors[9388687].message }}
  • Profile picture of the author Jesus Perez
    Meh...E. Brian Rose's response from JVZoo didn't really surprise me. He wrote a book about selling premium WordPress themes that use GPL. In fact, here's his public response on the topic from that thread.

    Originally Posted by E. Brian Rose View Post

    Well, there is no doubt that I predicted that people would challenge the legality and the ethics of my WSO, it's lessons, and the bonus download links.

    I can tell you right now that I am a firm believer in the GPL license. The GPL states that the components of a WordPress theme that relies on WordPress are, by default, licensed under the GPL. This does not mean that the other components of the theme necessarily are, i.e. graphics, external libraries, and CSS code.

    With that being said, all of the themes that I have included links to in this WSO are themes in which their creators have specifically made clear that 100% of the theme's parts are in fact distributed under the terms of the GPL. These theme creators made it clear that they believe in the terms.

    They make their money by selling theme club memberships and wrapping other services around the sale of their themes, like support.

    I know that there will always be naysayers, but fact always outweighs opinion!
    He clearly knows GPL licensing intimately to release such a controversial book. Thing is, he also verifies in the response above that outside libraries, images and CSS are not part of that licensing if the licensee originally agreed to a split-license. So why is JVZoo not shutting down the product if they know the images and videos are being copied?

    Because JVZoo is a neutral payment platform...not a legal authority. It's the CodeCanyon author's responsibility to issue a proper DMCA notice to JVZoo and Vas' host. If he doesn't, JVZoo will continue selling until it's legally challenged. Once challenged, I'm certain JVZoo will drop it like a hot potato. Until then, it's Vas' word against the authors.

    In case the CodeCanyon author is wondering what an official DMCA letter looks like...there's a link to one (wink, wink) below.

    An author can send DMCA notices to JVZoo and Vas' website host.
    If Vas' host doesn't comply, you can send it to the host's datacenter.
    If the host's datacenter doesn't respond, you can get the upstream providers involved. They always respond. And THAT'S when things get ugly. Getting emails from Cogent and Level 3 is pretty scary for a host.

    Good luck to all parties involved. I wasn't really expecting JVZoo to get involved the first time or this time.

    How to Remove Your Stolen Products from Hacker, Warez and Download Sites...

    Note: I'm not an attorney, this is not legal advice, do it at your own risk.
    Signature

    {{ DiscussionBoard.errors[9387591].message }}
  • Profile picture of the author sbucciarel
    Banned
    ... the thing is, according to arscode, the programmer of the original wp ninja plugin, it's a split license, not solely GPL and there are definitely no resell rights as he is doing as the split license clearly states.

    I contacted arscode and he is aware of the theft of his plugin by Vas and has contacted Envato.

    What's really ironic is that Vas states on his sales email and page that he is donating $1 per sale to the Free Software Foundation Front Page — Free Software Foundation — working together for free software ... a product that is not GPL exclusively and was ripped off and is being resold by the alleged thief for his own profit. So, is that what the Free Software Foundation is about?
    {{ DiscussionBoard.errors[9387618].message }}
  • Profile picture of the author Paulo70
    Does this mean we don't need any kind of special license to resell JVZoo products and that any of us can just repackage and sell anything now, or am I misunderstanding?
    {{ DiscussionBoard.errors[9387665].message }}
    • Profile picture of the author bwh1
      Originally Posted by Paulo70 View Post

      Does this mean we don't need any kind of special license to resell JVZoo products and that any of us can just repackage and sell anything now, or am I misunderstanding?
      That's a cool interpretation, you may limit it to EBR's own products.

      Off course not buddy, read the thread and see that we are talking about a Fraud here, not a point of viewing some licensing issues, those are clear.

      Plugins, other than WP theme source code, are not under GPL and the developers have full licensing right to their work.

      You think that ENVATO would build their business on sand if everyone under the sun can share their prime products?

      G.
      Signature

      Affiliates Wanted! Make anywhere from 42,- to $72 in commissions. Simply Recommend the Best QuickBooks Pro Video Course available at Clickbank.

      {{ DiscussionBoard.errors[9387685].message }}
      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by bwh1 View Post

        That's a cool interpretation, you may limit it to EBR's own products.

        Off course not buddy, read the thread and see that we are talking about a Fraud here, not a point of viewing some licensing issues, those are clear.

        Plugins, other than WP themes, are not under GPL and the developers have full licensing right to their work.

        You think that ENVATO would build their business on sand if everyone under the sun can share their prime products?

        G.
        That's not true. Wordpress plugins are often licensed under GPL because Wordpress demands it, but the css, javascript, graphics, libraries, etc. are not necessarily licensed under GPL. Nothing on Code Canyon falls exclusively under GPL. From what I've seen, they are all split licensing.
        {{ DiscussionBoard.errors[9387697].message }}
        • Profile picture of the author Jesus Perez
          Originally Posted by sbucciarel View Post

          That's not true. Wordpress plugins are often licensed under GPL because Wordpress demands it, but the css, javascript, graphics, libraries, etc. are not necessarily licensed under GPL. Nothing on Code Canyon falls exclusively under GPL. From what I've seen, they are all split licensing.
          Bingo!

          Everything in the WordPress Repository is true GPL. There are no copyrights on anything. You can do anything you want with the plugins and themes in the public repository. Even these commercial theme providers provide full GPL (including artwork) which allows for resale and derivative works.

          BUT...everything on Codecanyon is split-licensing. It is not full GPL. Authors reserve their copyright on images and CSS (at the very least) while only PHP code and HTML is GPL.
          Signature

          {{ DiscussionBoard.errors[9387921].message }}
          • Profile picture of the author bwh1
            Originally Posted by sbucciarel View Post
            That's not true. Wordpress plugins are often licensed under GPL because Wordpress demands it, but the css, javascript, graphics, libraries, etc. are not necessarily licensed under GPL. Nothing on Code Canyon falls exclusively under GPL. From what I've seen, they are all split licensing.
            Originally Posted by Jesus Perez View Post

            Bingo!

            Everything in the WordPress Repository is true GPL. There are no copyrights on anything. You can do anything you want with the plugins and themes in the public repository. Even these commercial theme providers provide full GPL (including artwork) which allows for resale and derivative works.

            BUT...everything on Codecanyon is split-licensing. It is not full GPL. Authors reserve their copyright on images and CSS (at the very least) while only PHP code and HTML is GPL.
            Both of you, Thanks for clarification
            Signature

            Affiliates Wanted! Make anywhere from 42,- to $72 in commissions. Simply Recommend the Best QuickBooks Pro Video Course available at Clickbank.

            {{ DiscussionBoard.errors[9388671].message }}
      • Profile picture of the author Paulo70
        Originally Posted by bwh1 View Post

        That's a cool interpretation
        .
        Not my interpretation though, JVZoo have pretty much said tonight that it's open season for anyone to resell anything that has the letters GPL attached.
        {{ DiscussionBoard.errors[9387701].message }}
  • Profile picture of the author Chris Baxter
    I said much the same thing in Brian's Facebook thread Paulo70.

    Strangely, my comment mysteriously disappeared......
    {{ DiscussionBoard.errors[9387823].message }}
    • Profile picture of the author Paulo70
      Originally Posted by Chris Baxter View Post

      I said much the same thing in Brian's Facebook thread Paulo70.

      Strangely, my comment mysteriously disappeared......
      Not strange or surprising at all, people tend to do things like that when they know they're in the wrong.

      Looks like yours wasn't the only post removed either. The author of the plugin posted saying he'd put in a DMCA 24 hours ago.

      Dodgy as ****
      {{ DiscussionBoard.errors[9388354].message }}
  • Profile picture of the author E. Brian Rose
    Originally Posted by Jesus Perez View Post

    He clearly knows GPL licensing intimately to release such a controversial book. Thing is, he also verifies in the response above that outside libraries, images and CSS are not part of that licensing if the licensee originally agreed to a split-license. So why is JVZoo not shutting down the product if they know the images and videos are being copied?

    Because JVZoo is a neutral payment platform...not a legal authority. It's the CodeCanyon author's responsibility to issue a proper DMCA notice to JVZoo and Vas' host. If he doesn't, JVZoo will continue selling until it's legally challenged. Once challenged, I'm certain JVZoo will drop it like a hot potato.
    The above quote is correct. Here is the latest...

    Yesterday morning, the management of JVZoo was inundated with messages and emails asking us to remove a specific product from the marketplace. We temporarily disabled the product and sent a message to the vendor. The vendor responded and explained that he had created a derivative product based on three WordPress plugins. He provided the licensing agreements that the original plugins were derived from and the licences he presented were all the GPL. We were not presented with any other licenses or documents indicating that the entire content of the software was not licensed under the GPL. As you know, the GPL does allow derivative products to be created from the original.

    At this point, none of the complaints we had received were from anyone claiming to be the authors of the original plugins. All complaints were from people that did not have a legal claim in the matter. I made a public post on FaceBook stating that we could not take action until a properly formatted DMCA Takedown notice or court order was received. A person claiming to be the original author did post a comment on my FaceBook page and he was told that no action could be taken until we received a properly formatted DMCA Takedown Notice. Today, we received that DMCA Takedown Notice and the product in question was immedietly taken down from the marketplace.

    The actions we took were in accordance with the law. The law prescribes a method that is designed to protect everybody. A properly formatted DMCA Takedown notice requires the complainant swear under the penalty of perjury that their accusation is true. If we were to remove products from the marketplace without proper takedown notices or court orders, we would subject ourselves to legal action. This is the exact same burden faced by eBay, ClickBank, Warrior Plus, and the new Warrior Payments. Hypothetically, a group of people could band together and raise complaints about a competitor in an effort to clear the way for their products. If the service provider acts on this outcry and the accusations turn out to be false, the service provider has subjected themselves to possible litigation by the victim. This is why the DMCA Takedown Notice was created by Congress. If the steps are followed, it absolves the service providor from legal action taken by the accused.

    Corporations do not have the luxury of deciding which laws to follow based on which ones they think are fair and which ones they think are reprehensible. There is a lot at stake, so the best course of action is to follow the law. It is obvious that a lot of folks would have rather us not follow the law and go with gut feelings or simply take the word of folks that emailed us. To me, it seems a bit ironic to ask us to break rules in order to punish another that has broken rules, not to mention subject us to possible legal action.

    The bottom line is that once served with a properly formatted DMCA Takedown Notice, we removed the product from the marketplace. We will continue to act upon all Takedown Notices in accordance with the law, just as all of our fellow affiliate networks do.
    Signature
    My New Video Series is Free (for now)
    Crazy good marketing tips from the founder of JVZoo.
    Get EBR 365 Now!
    {{ DiscussionBoard.errors[9388914].message }}
    • Profile picture of the author barbling
      Originally Posted by E. Brian Rose View Post

      ....
      Corporations do not have the luxury of deciding which laws to follow based on which ones they think are fair and which ones they think are reprehensible. There is a lot at stake, so the best course of action is to follow the law. It is obvious that a lot of folks would have rather us not follow the law and go with gut feelings or simply take the word of folks that emailed us. To me, it seems a bit ironic to ask us to break rules in order to punish another that has broken rules, not to mention subject us to possible legal action.

      The bottom line is that once served with a properly formatted DMCA Takedown Notice, we removed the product from the marketplace. We will continue to act upon all Takedown Notices in accordance with the law, just as all of our fellow affiliate networks do.
      Word. Excellent actions by EBR.
      {{ DiscussionBoard.errors[9389345].message }}
  • Profile picture of the author bwh1
    That's it, PP dispute claim issued.

    Will see if I can get my money back in this case, someone has to be responsible here.

    G.
    Signature

    Affiliates Wanted! Make anywhere from 42,- to $72 in commissions. Simply Recommend the Best QuickBooks Pro Video Course available at Clickbank.

    {{ DiscussionBoard.errors[9389106].message }}
    • Profile picture of the author E. Brian Rose
      Originally Posted by bwh1 View Post

      That's it, PP dispute claim issued.

      Will see if I can get my money back in this case, someone has to be responsible here.

      G.
      I sent you a PM, hours ago, asking for your identity so I could assist you. I also clarified that JVZoo does not hold your money, as you stated a few posts up.
      Signature
      My New Video Series is Free (for now)
      Crazy good marketing tips from the founder of JVZoo.
      Get EBR 365 Now!
      {{ DiscussionBoard.errors[9389139].message }}
      • Profile picture of the author bwh1
        Originally Posted by E. Brian Rose View Post

        I sent you a PM, hours ago, asking for your identity so I could assist you. I also clarified that JVZoo does not hold your money, as you stated a few posts up.
        PM answered, many thanks for your support, I really appreciate it.

        G.
        Signature

        Affiliates Wanted! Make anywhere from 42,- to $72 in commissions. Simply Recommend the Best QuickBooks Pro Video Course available at Clickbank.

        {{ DiscussionBoard.errors[9389225].message }}
  • Profile picture of the author EricWPM
    Hello EBR,

    So when you receive a DMCA takedown notice for a product that does not have the rights to be sold through your platform... what happens to all the payments you collected for that said product?

    Are they sent to the product owner?

    Do you keep all the payments?

    Are they returned to the original purchaser?

    Please let us know...

    Thank You,

    EricWPM
    {{ DiscussionBoard.errors[9389146].message }}
    • Profile picture of the author E. Brian Rose
      Originally Posted by EricWPM View Post

      Hello EBR,

      So when you receive a DMCA takedown notice for a product that does not have the rights to be sold through your platform... what happens to all the payments you collected for that said product?

      Are they sent to the product owner?

      Do you keep all the payments?

      Are they returned to the original purchaser?

      Please let us know...

      Thank You,

      EricWPM
      JVZoo, like Warrior Plus and Warrior Payments, does not collect money from buyers. Buyers pay sellers directly. At no point do we ever have possession of that transaction money. If a buyer wishes a refund, they request it from the seller, whom they have paid.
      Signature
      My New Video Series is Free (for now)
      Crazy good marketing tips from the founder of JVZoo.
      Get EBR 365 Now!
      {{ DiscussionBoard.errors[9389173].message }}
      • Profile picture of the author Mark Bradley
        Originally Posted by E. Brian Rose View Post

        JVZoo, like Warrior Plus and Warrior Payments, does not collect money from buyers. Buyers pay sellers directly. At no point do we ever have possession of that transaction money. If a buyer wishes a refund, they request it from the seller, whom they have paid.
        What happens to the VAT charges that JVZoo has recently implemented?
        {{ DiscussionBoard.errors[9389202].message }}
        • Profile picture of the author E. Brian Rose
          Originally Posted by Mark Bradley View Post

          What happens to the VAT charges that JVZoo has recently implemented?
          Mark,

          The VAT goes directly to the seller, just as sales tax in the USA would go directly to a grocery store. The vendor (or grocery store) then pays the applicable taxes or VAT to the state.

          Thanks,
          EBR
          Signature
          My New Video Series is Free (for now)
          Crazy good marketing tips from the founder of JVZoo.
          Get EBR 365 Now!
          {{ DiscussionBoard.errors[9389271].message }}
    • Profile picture of the author brutecky
      Originally Posted by EricWPM View Post

      So when you receive a DMCA takedown notice for a product that does not have the rights to be sold through your platform... what happens to all the payments you collected for that said product?
      I know you directed this question to EBR but I just wanted to comment because I happen to know a lot about PayPal adaptive payments and integrating payment processing with PayPal (having personally written or been the lead developer in several systems) I also have done a few thousand sales of products on JVZoo.

      JVZoo does not collect your payments. Your payment goes directly to the product vendor. PayPal then automatically makes a payment from the vendor to JVZoo for their fees and also to the affiliate for their commission (if applicable). That is why JVZoo cant issue refunds nor can an affiliate if there is one. Because you did not pay them. You paid the vendor and the vendor paid them.
      {{ DiscussionBoard.errors[9389198].message }}
  • Profile picture of the author EricWPM
    To EBR and Brett,

    Thank you for your comments and follow up. I learned something new today and appreciate both of you taking time to reply. It's always good to learn and be properly informed in these matters!

    EricWPM
    {{ DiscussionBoard.errors[9389205].message }}
  • Profile picture of the author bwh1
    I am happy to communicate that I could resolve my case (refund request) due to the freely offered support from EBR, which refunded to me the paid amount a few minutes ago (even a few bucks more than I ask for).

    Just to stay clear, I did not claimed anything to EBR or JVZoo, I was pissed but I knew that he isn't responsible for this.

    I filled a PP dispute to the vendor but Brian was so nice and took place and refunded me the amount, dealing now directly with the vendor to receive it back. In other words, he assumed the risk to deal with the vendor and maybe get noting back.

    This is a very rare business practice and shows Brian's commitment to run JVZoo in the best possible interests for his clients and buyers. I hope that such a decision will have a positive impact on his already great reputation in this and other communities.

    I can only offer him my loyalty for future purchases and if I launch a product myself, I know which processor I will use.

    Again, many thanks to you Brian

    G.
    Signature

    Affiliates Wanted! Make anywhere from 42,- to $72 in commissions. Simply Recommend the Best QuickBooks Pro Video Course available at Clickbank.

    {{ DiscussionBoard.errors[9389384].message }}
  • Profile picture of the author bwh1
    I just like to add a link to Code Canyons FAQ about Licensing, should left no doubts that Vas did not have proper license to do what he did, there are no developer licenses offered at Code Canyon.

    License FAQ | CodeCanyon

    G.
    Signature

    Affiliates Wanted! Make anywhere from 42,- to $72 in commissions. Simply Recommend the Best QuickBooks Pro Video Course available at Clickbank.

    {{ DiscussionBoard.errors[9390182].message }}
    • Profile picture of the author rodney2020
      I bought the plugin WP Vicom and WLR on the 19th. Over the weekend I was doing some more research and wished I hadn't bought it. I then went to code canyon and bought the real thing. I requested a refund on the 22nd figuring I wouldn't get it. I searched high and low to see if I could contact JVzoo but it looks like the only way to contact them is if you are a seller. I even sent EBR a pm through the WF to see if I could get help also on the 22nd (it still shows unread as of today). Luckly Vas did give me a refund for the WLR but not the plugin on the 23rd. I was surprised. He was even nice enough to send me some promotion for a PR submitter. The link looked like a jvzoo link but after going through his auto responder and about 20 different re directs it went to some nice porn site.
      So what should I do now to get the refund for the rest?
      {{ DiscussionBoard.errors[9392108].message }}
      • Profile picture of the author James Campbell
        Originally Posted by rodney2020 View Post

        I bought the plugin WP Vicom and WLR on the 19th. Over the weekend I was doing some more research and wished I hadn't bought it. I then went to code canyon and bought the real thing. I requested a refund on the 22nd figuring I wouldn't get it. I searched high and low to see if I could contact JVzoo but it looks like the only way to contact them is if you are a seller. I even sent EBR a pm through the WF to see if I could get help also on the 22nd (it still shows unread as of today). Luckly Vas did give me a refund for the WLR but not the plugin on the 23rd. I was surprised. He was even nice enough to send me some promotion for a PR submitter. The link looked like a jvzoo link but after going through his auto responder and about 20 different re directs it went to some nice porn site.
        So what should I do now to get the refund for the rest?
        Contact the seller. JVZoo has nothing to do with you getting a refund.
        {{ DiscussionBoard.errors[9392209].message }}
        • Profile picture of the author barbling
          Originally Posted by James Campbell View Post

          Contact the seller. JVZoo has nothing to do with you getting a refund.



          James has it in one. Neither JVzoo nor WarriorPlus has anything to do with refunds.
          {{ DiscussionBoard.errors[9393252].message }}
  • Profile picture of the author marax
    I bought this thinking that the creators of the original plugin were running a promotion in support of the FSF. Already requested a refund but have not heard anything back. I don't think I will see my money again.
    {{ DiscussionBoard.errors[9392184].message }}
    • Profile picture of the author bwh1
      Originally Posted by marax View Post

      I bought this thinking that the creators of the original plugin were running a promotion in support of the FSF. Already requested a refund but have not heard anything back. I don't think I will see my money again.
      I got today an email from Blake from support at vicom.com confirming that they will process a refund so they are responding to requests.

      I could already resolve my issue so told them that all is solved.

      Just to let you know that there are people responding.
      Signature

      Affiliates Wanted! Make anywhere from 42,- to $72 in commissions. Simply Recommend the Best QuickBooks Pro Video Course available at Clickbank.

      {{ DiscussionBoard.errors[9393682].message }}
  • Paypal refunded within 3 hours guys. I got the money back and bought from arscode instead. Problem solved.
    {{ DiscussionBoard.errors[9402347].message }}
    • Profile picture of the author kindsvater
      There is a big difference between intentional theft of a licensed product and EBR previously selling a WSO on how to profit from GPL. The former is criminal. The latter is smart.

      Corporations do not have the luxury of deciding which laws to follow based on which ones they think are fair and which ones they think are reprehensible....
      The bottom line is that once served with a properly formatted DMCA Takedown Notice, we removed the product from the marketplace.
      I disagree in the context of this discussion. JVZoo can remove any product from its marketplace it wants, for any reason or for no reason. If this isn't part of the TOS it should be. A legal complaint of a copyright violation is not required.

      Nothing in the DMCA says online information can only be taken down if there is a DMCA complaint.

      True, the DMCA provides legal immunity in many situations if its guidelines are followed, but it is a voluntary process.

      Example 1: I post a JVZoo product with pictures appearing to be child porn. There is no DMCA complaint. No one confirms it is child porn. I'm sure JVZoo will be taking it down.

      Example 2: I post one of Frank Kern's products on JVZoo and even say in the sales page, this is Frank's product and I'm ripping him off. Get this $1997 product for $7 today!!!!!!! I would hope someone has enough common sense to take it down without requiring Kern to fire off a legal demand.

      Example 3: EBR posts his own product on JVZoo. I submit a DMCA take down claim. I would hope JVZoo does not remove the product, as "required" by the DMCA because the claim, even if under penalty of perjury, is plainly bogus. Instead, JVZoo will not take down the product and tells me to file a lawsuit and to pack a toothbrush if I am dumb enough to do so.

      Bottom line: If you want to make use of the DMCA's immunity provisions then there are required steps to follow.

      But the DMCA does not mandate actions, such as being required to remove content if a claim is made, or not being able to remove content if a claim is not made.

      .
      {{ DiscussionBoard.errors[9403411].message }}
      • Profile picture of the author arscode
        First of all we would like to thanks everyone who supports us in this case. Below we will try to sum up everything.

        Facts:


        1. The original plugin "Ninja Popups for WordPress" was never fully licensed under the GPL, it's the split license (Split Licensing and the GPL ? what does it all mean? - Envato Support)

        2. Vas bought Extended License (Licenses | CodeCanyon):

        "3. An End Product is one of the following things, both requiring an application of skill and effort.
        (b) For other types of Item, an End Product is something that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item.
        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."


        3. What was done with our products by Vas:
        - bundled 3 our plugins: Ninja Popups for WordPress, Themes Pack for Ninja Popups,
        - Ninja Widget Extra Add-on,
        - renamed it to WP Ninja Popup,
        - added unimportant functionality which is not related to main purpose of the plugin (superficial modifications),

        4. Vas is banned on Envato Marketplaces and his licenses were cancelled.

        5. JVZoo received your DMCA Takedown notice and disabled Vas product.

        6. Vas send DMCA Counter-Notice.
        "Please find attached to this letter a list of material removed by you pursuantto 17
        U.S.C. Section 512. I have a good faith belief that this material was removed or disabled
        in error as a result of mistake or misidentification of the material. I declare that this is
        true and accurate under penalty of perjury under the laws of the United States of
        America."


        If you have some advices or if you have had experience with this kind of situation - please let us know.
        Anyway We hope that JVzoo management tem keep common sense.

        Thank you.
        {{ DiscussionBoard.errors[9404181].message }}

Trending Topics