No Accusations Being Made But...
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Friday, March 25, 2016 by JuniorCrooks | Discussion: WinCustomize Talk
The title says it all. I am not accusing anyone of theft because I don't know everyone's pseudonyms. I am simply directing your attention to this so you can report it if indeed wrongdoing has taken place.
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Reply #22 Sunday, March 27, 2016 9:48 PM
Quoting RedneckDude,
reply 20
For redneck's sake! Can you tell me what "spitting a dummy" means?
Throwing a tantrum ...
Reply #23 Wednesday, March 30, 2016 8:00 PM
I can't believe the reply I got from my notifying DeviartArt (now I know what the Deviant part means):
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damphyr (DeviantArt)
Mar 30, 4:44 PM
Thank you for contacting us, Thomas.
Copyright infringement is a serious matter and our Copyright Policy appears as a link at the bottom of most pages on DeviantArt.com.
We accept copyright claims only from the copyright owner of the original work, typically the artist responsible for the original work that you feel may have been copied or adapted by another deviant. The original artist has the opportunity to file a "DMCA Takedown Notice" which we will then review.
We cannot act on copyright claims made by people who are not the copyright owner, however well intentioned. This is because in many cases the copyright owner does not want to enforce their copyright in the particular circumstances that are involved or the person making the copy may have permission.
You may wish to contact the original artist on your own, inform them about the Copyright Policy and point them to the process of filing a DMCA Takedown Notice. These are the two links you may wish to use in your note:
http://about.deviantart.com/policy/copyright/
http://help.deviantart.com/dmca
We hope you found this answer helpful and thank you for your concern and willingness to call this matter to our attention. We value your membership and participation in DeviantArt.
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So I replied:
Idiotic procedures like this is again one of the reasons I quit your site. Use some brains, even the submitter says they are not his work in the description and you can see in the screenshots he used you can see the original authors name! Don't bother to reply, it would be a waste trying to convince me that your ridiculous interpretation of DCMA procedures are your only choice. Some of the original authors aren't even around any more, so they cannot be contacted! Use some brains!
I am going to post your reply, and mine back to you, on the thread discussing this issue on WinCustomize, and I sure hope more users quit your site.
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What a bunch of idiots! 
Reply #24 Wednesday, March 30, 2016 8:29 PM
Thomas, I know you're not going to like me saying this, but DA are correct in their interpretation of this. Only the author (or some legal representative) can/should request a DMCA takedown of his own work.
Otherwise, imagine this: you see someone submitting work that isn't theirs (and they even admit it) but *you* can no longer contact the original author. Unknown to you, the original author might have actually given the submitter permission to re-distribute his work. If DA were to act on your complain, they might actually be going against the wishes of the original author.
So, the only way to be sure is to only accept DMCA notices from the author himself. In this DMCA notice the author must identify himself and state under penalty of perjury that the work is his own. If he is lying, the other party can file a DMCA counterclaim and even take him to court for perjury. This thus offers some kind of protection for both parties.
So, in this case all you can/should do is contact one or more of the original authors to let them know of what is going on. Up to them to then file a DMCA take down notice or not.
Reply #25 Wednesday, March 30, 2016 8:52 PM
I understand what you are saying Jorge, but there is no way of contacting many of the original authors any more. In this case, DA is wrong in my opinion, they should use common sense.
Reply #26 Wednesday, March 30, 2016 9:23 PM
I don't go to Devart anymore.
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Reply #21 Sunday, March 27, 2016 9:31 PM
For redneck's sake! Can you tell me what "spitting a dummy" means?
Throwing a tantrum ...
It's evocative....when a baby spits its dummy it's about to start crying, etc ....[chucking a wobbly]....
Slang can be such fun....