Entire site stolen

[buteverde]

What a Schock!

I discovered today, 15 Feb, that someone has stolen our site!

Finding it was accidental. An invalid click on a link for NutriSystem, who moved from CJ to LinkShare. I had changed all those link codes for NutriSystem, but the theft was made prior to the switch by the marketer. CJ alerts when there's an "invalid click". The thief had not changed the code.

In fact, it was stolen sometime between 14 Aug, when I posted Marjorie's Frozen Foods article and 21 Oct when – get this– www.foodall.info was registered to the perpetrator.

Marjorie's and my site is http://www.ingestandimbibe.com and the thief has copied all and re-registered under the name www.foodall.info.

I probably have no serious recourse, especially since (if the registration information is at all valid) the person is in China. But I've learned so much from others at this forum, I would appreciate any feedback or advice.

Here's data from WhoIs:
Domain ID: D7791468-LRMS
Domain Name:FOODALL.INFO
Created On:21-Oct-2004 16:42:06 UTC
Last Updated On:26-Nov-2004 18:57:03 UTC
Expiration Date:21-Oct-2005 16:42:06 UTC
Sponsoring Registrar:R183-LRMS
Status:ACTIVE
Status:OK
Registrant ID:C7098999-LRMS
Registrant Name: pyxhl
Registrant Organization: pyxhl
Registrant Street1:No.11 of Heng 2 Xiang, Lane 2
Registrant City:Guangzhou
Registrant State/Province:Guangdong
Registrant Postal Code:511400
Registrant Country:CN
Registrant Phone:+1.0000000000
Registrant FAX:+1.0000000000
Registrant Email:xhlofzxhl@hotpop.com

Admin, etc are the same.

Tried Google for the registrar. Plug in: R183-LRMS and you get Tierra Net, Inc. and a DBA = DomainDiscover.com
http://www.domaindiscover.com/
https://www.tierra.net/index?_sid=FqLz8dpZWmFYCWWZCuA2zyx5ET
Delete all but: https://www.tierra.net and you get:
https://www.tierra.net/index?_sid=dLLOhLtAeWcFrIurXW0INoB00n

Can I get this person (pyxhl) SHUT DOWN? Should I write to the registrar with a request or (as I feel) with a Demand that he cancel and blackball and . . . what the hell can I do?

The person has created an account with Affiliate Window Ltd, and I have written to Kevin Brown of that company. So far I have found three accounts in addition to Domino's: Natures Own, Bag of Sweets, Hotel Chocolat. Should I write to those merchants as well as the Affiiliate Window Ltd?

RE affiliations:
Here's partial data from View source:
<!--START MERCHANT:merchant name Dominos Pizza from affiliatewindow.com.-->
http: // www.awin1.com/awclick.php?mid=294&linkid=5684&id=46237

Best to you . . . John Boyd

[Solicitors Mortgages]

i just got this...dont know if it helps

Host Name: server6.digimaxhosting.com

[buteverde]

Thanks Solicitors . . . great Desserts site

I wasn't sure what to do with what you sent, but I found this:
http://www.whois.sc/66.199.252.162

Does that mean he's hosted on EZZI.NET?

I got this from WhoIs:
Name Server:NS1.OBCHODONLINE.CZ
Name Server:NS2.OBCHODONLINE.CZ

I googled OBCHODONLINE and got http://www.webhosting.info. I thought that meant he was hosted there.

Also got the registrar, Tierra Net, Inc., on the phone. They say they need a court order to shut him down, but that they could if I got one.

Is anyone here a lawyer?

[Solicitors Mortgages]

i would start by emailing this company,,,and ask if they host the site...unless you know otherwise. digimaxhosting.com

you could put your domain name under your copyright notice, and also tweak your banner, with a copyright in the bottom right corner.
flip an email to google about theft/duplicate content, so they wont index the site.

is the whole site copied?..keywords/metas and all??. i didnt look at the source....

[buteverde]

Did you see this from the previous post?
http://www.whois.sc/66.199.252.162

There's reference to both server6.digimaxhosting.com which you found and to Ezzi.net which makes me wonder who is the host service.

Also I got this help after query at my own service, Host Nexus, about info from whois:
Name Server:NS1.OBCHODONLINE.CZ
Name Server:NS2.OBCHODONLINE.CZ

"are nameservers for a webhosting company called ObchodOnLine located in The Czech Republic. This is his webhost. They, the webhost, use EZZI.NET (USA) as their datacenter/ISP/Host. Like Hostnexus is australian, but uses a datacenter in New Jersey USA. Ezzi.net is located in USA."

I like your thoughts about the copyright with the masthead and also the site name associated with the copyright text at the bottom left of the Index page.

Still seems like I need to get a court order and get him turned off at the registrar so that he doesn't just switch hosting services.

I read that I can get him cut off at Google. Any thoughts on how this is done?

[david_sakh]

you can report him to G via email. You can also contact his WH company and see if they will shut him down via their TOS.

[clasione]

you can report him to G via email. You can also contact his WH company and see if they will shut him down via their TOS.


Yes - I'd go for the host....

They really should shut it down.....

Most likely will get a faster responce......
Google seems to send generic emails to almost everthing these days.

[melfan]

It would be a long process before google acts on these matters. I prefer contacting the host. you have a bigger chance on it.

[keats]

it could be happen with others....? and how one can safe his site...?

[david_sakh]

you can't make safe your site really, aside from registering copyrights....but intl copyright laws don't always apply anyway :rolleyes:

[keats]

you can't make safe your site really, aside from registering copyrights....but intl copyright laws don't always apply anyway :rolleyes:
and what do the big publisher like google and yahoo.....?etc.

[david_sakh]

they can choose to ban websites from SERPS, but it's not like there's anyone FORCING them to.

[buteverde]

Thanks so much for your help and support to an old newbie like myself. I have such respect for the coding knowledge and experience you folks have achieved! It means a great deal, as we had (have) great dreams of pursuing a place on the web in our coming older years. All the stuff about "parasites" and now this wholesale theft has devasted my lady who's working so hard to get the mortgage together.

Question: Should I perhaps send the same email to all possiblilities for the hosting? Ezzi.net has surfaced as probably the "server". This from someone at my hosting service and from Solicitors, here at DP, "digimaxhosting.com" came up in the "reverse lookup" that he made for me. (Is that what it was called? Very interesting!)

I've had some bullsh*t feedback from CEO, Kevin Brown, of Affiliate Windows Ltd, in England, that he "would be unable to get involved". Ha! The thief has setup an account with them and placed banners for four merchants inbetween my texts for my merchants without even trying to make sense. If you compare the "links" pages on the real and the bogus URLs, you see that on foodall.info you can get great kitchen utensils from Domino's Pizza.

Time is a problem. I'm doing the Annual Report now, today, these weeks, for a major client of 30 yrs. Damn hard to pursue everything at once.

More to come and god bless for your help.

[hulkster]

I have a Scumbag Hall of Fame (http://www.komar.org/faq/scumbags/) which includes an experience I had with someone scraping my entire site ...

[Solicitors Mortgages]

I have a Scumbag Hall of Fame (http://www.komar.org/faq/scumbags/) which includes an experience I had with someone scraping my entire site ...

nice to see you rank no1 on google for his name..his parents must be so proud ! :D

[buteverde]

Ah, alek, that "personal web site" of yours is really fun! Great family stuff!

Folks like you and Dynamoo and others are helping to restore Marjorie's and my feeling of community, thanks.

[Mia]

you can't make safe your site really, aside from registering copyrights....but intl copyright laws don't always apply anyway :rolleyes:

Registering a copyright really does not mean squat unless you actually try to enforce it. To enforce it means a copyright attorney and a large retainer.

Many times it is not worth it. If you've got the money to waste to make another attorney rich, go for it. If not, try sending the company doing it a letter. Sometimes the threat of enforcing a copyright is all it takes.

Oh, and by the way. You do not need a "copyright" per say. If you can prove that your site is "published" and was prior to this one, that is all it takes to claim ownership of a published work.

[maverick]

You should contact the WH company ASAP, get 'em shut it down...

[Mia]

You should contact the WH company ASAP, get 'em shut it down...

As a owner of a hosting company I can tell you that will not be easy. I would still contact the site owner first with a formal letter. Send it certified and make it look official. As for the hosting company, they are not going to be quick to kill a paying customer. It's revenue. They will need a court order that enforces the DMCA. The hosting company has its own legal concerns to be worried about. They could be sued by their customer if they shut them down without a legal precident, unless of course there is something in their TOS that applies. While use of copyrighted matterial is generally forbiden in just about every hosting TOS, proof is needed in the form of a court order.

If you intend to talk to the hosting company first search for their copy of Agent to Receive Notification of Claimed Infringement with 37 CFR, Part 201. Then read through their TOS. Send an email or letter to the Agent to Recieve Notification of Claimed Infringment noting your complaint, a copy of the material you believe to be duplicated as well as the site and location/URL of the violation.

You can download (http://www.mia.net/HTML/copyright/hr2281.pdf) a copy of H.R. 2281, the conference report on the Digital Millennium Copyright Act of 1998 (http://www.mia.net/HTML/copyright/hr2281.pdf), in PDF format from our web site. Read up on it first as it will help in crafting your letter/response to the hosting company. I would also suggest a visit to the Us Library of Congress Copyright office (http://lcweb.loc.gov/copyright/) as well.

[exam]

Have you been able to make any progress? It looks like foodall.info's Name servers are no longer responding per dnsstuff.com
How I am searching:
Searching for foodall.info A record at l.root-servers.net [198.32.64.12]: Got referral to TLD3.ULTRADNS.ORG. [took 102 ms]
Searching for foodall.info A record at TLD3.ULTRADNS.ORG. [199.7.66.1]: Got referral to ns2.obchodonline.cz. [took 50 ms]
Searching for foodall.info A record at ns2.obchodonline.cz. [66.199.252.163]: Timed out. Trying again.
Searching for foodall.info A record at ns1.obchodonline.cz. [66.199.252.162]: Timed out. Trying again.
Searching for foodall.info A record at ns2.obchodonline.cz. [66.199.252.163]: Timed out. Trying again.
Searching for foodall.info A record at ns1.obchodonline.cz. [66.199.252.162]: Timed out. Trying again.
Searching for foodall.info A record at ns1.obchodonline.cz. [66.199.252.162]: Timed out. Trying again.
Searching for foodall.info A record at ns1.obchodonline.cz. [66.199.252.162]: Timed out. Trying again.

[Corey Bryant]

You might also report to www.pirated-sites.com

[buteverde]

Thank you, Mia . . .
No we have no money to use an attorney. I'm very grateful for your links and suggestions. The PDF you offer will be very helpful.

We now have a copy of the stolen site page configuration, clearly showing Marjorie as the author, and all the ridiculous placement of banners through the Affiliate Windows account which take no effort to make sense, merely plunked down inbetween the texts that made sense with our original ad banners.

With that copy for future ref, we can write to the Web Host, as you suggest, maverick. And, thanks for checking, exam, but I find the site up and running this AM.

[gchaney]

Easy answer:

First notify the hosting company of intent to take legal action. You have NO obligation to contact the Copyright offender and I personally no longer waste to much time attempting it by only giving three days for the offender to respond in the notice I send to them. If they are foreign, i.e. China, I wouldn't even bother with sending an e-mail to them and go straight to the hosting company.

Provide the hosting company with documentation supporting your claim. The hosting company WILL shut the site down or assume the legal liability due to notice. Like others have said, enforcing and collecting damages is far more costly than you'll ever get in return. So, skip this.

Once the site is down, and I have done this to three sites now in the last month using re-directs, the offender WILL remove the information/bogus link (actually hosts have required all bogus links on two sites in question..which is an added plus) or stay down as the hosting service will not "un" suspend the account until the offending information is removed.

As a last and easy resort you file a CMSA (Your official legal action...lol) with M, Y and G and they WILL remove the site/pages in question from the index.

Cheers

[buteverde]

Thanks gchaney . . .
Your thoughts have very much the flavor of "been there done that"!

In some other case, the "offending information" could perhaps be removed, say if an article had been stolen. The only way in this case is remove the entire www.foodall.info from the universe along with the guy who registered it, as what he's done is copy and rename our site www.ingestandimbibe.com with very, very little change, actually only a few affiliate ads.

Thanks for your help. We're learning what's needed for the "official legal action" (not damages) just to get him shut down at the registrar and at the Hosting Service.

And, Corey, thanks for the ref to "pirated sites" You are quite right, we should put this in their archive.

[buteverde]

Thanks, Corey . . .
That is an interesting collection at the "pirated-sites". Our experience of theft would be a really good example there. The Webmaster has posted an intention to convert to a forum format, so I'll have to wait to add this site theft.

I've been crashing away, long, long hours on an Annual Report, thus haven't been able to give you an update until tonight. Actually thought I should be starting a new thread, but I'd need the moderator's advice on that. Newbie status showing, eh?

In just the past few days I've sent out a description of the "event" and a PDF of a DMCA to as many pertinent addresses as I could track. The response has been good.

It's a real pleasure to post the response we've received from Kevin Brown of Affiliate Window. He took the trouble to call me and express his displeasure at being scammed by this thief. He cancelled the account immediately.

Same is true for Tina Flores of AdRevolver (BlueLithium) who has cancelled him. And this evening, I heard from Pat McCarthy of Right Media who cancelled him also.

Yet to hear from Axill and BluePoint, two more of the affiliate accounts the thief has created. And then there's the registrar, Tierra Net, Inc., of California. I have high hopes for them as that would shut him down at the source.

[buteverde]

Dealings with China, an update . . .

Many times searching the souce code of the stolen site's pages, yielded numerous affiliate accounts. An email of a few paragraphs describing the theft, with a PDF of a DMCA attached. I "re-sent" the same letter to each, with an update to include the accounts that had been closed since the last use of the email. I should say that every single one of the companies I contacted were responsive and immediate in their closing of the perp's accounts. Really the evidence was so blatant.

The hosting service shut him down, and he moved to another, this time in China.

Had a few back and forth contacts with the registrar who said they needed a court order, but in the end just did it.

Ahh, it was so good to see "404-Not found"!

There was some email exchange with the thief, after that. Very odd it was to see his first in my in-box. He was feeling very sorry for himself. "Just a student. Copying the work is a form of compliment. (!) Used my money trying to make some money with my site." That one really got me. HIS site, indeed.

It was satisfying to feel the fright in his words after I told him about my friendships with US diplomatic people. Their meetings with other diplomatic corps are always over meals or at least finger-food. The topic of Marjorie's site is food. The theft made for great converstion, and even interest because so much large scale theft of "intellectual property" can't be stopped, but a small scale like this, well . . . "maybe something can be done." I suppose the guy knew his own government could find him.

It was painful and time consuming when I was loaded with work. But I think we all proved that the internet community can regulate itself.

Like to say "Thank you!!" to some of the people who were involved:
Brenda B. of Amazon
Jay Tierney of FastClick
Regina Cotto of LinkShare
Jeremy Watkin of TierraNet
Pat McCarthy of Right Media
Kevin Brown of Affiliate Window
Tina Flores of BlueLithium

A great help and support from the folks at this forum, and from my friend Dynamoo at A Best Web's forum.

[debunked]

Congratulations on recovering your site from the theif. I hope more people are able to do the same when their site is stolen like yours.

Thank you for posting the end result also, it will be a help to many.

[palespyder]

Congrats, to often a person is just left to "suck it up". You proved to yourself and alot of other folks that it can be done, great job!

[hulkster]

For those interested in a followup, I recently had some Emails from someone (!) named Grame Kellett who asked about my page titled Graeme Kellett stole my entire personal website (http://www.komar.org/faq/scumbags/graeme/) - see the April/2005 update at the bottom of the page. I don't know if it was the same person or not - what 'ya think?

[web-rover]

wow that sucks. Never thought something like that could actually happen.

[noppid]

So much bad infomation. It's sad.

You do not need an attorney to fight this. Download and fill out the 8 point google DCMA complaint form and shoot it off to all parties involved in keeping that site running.

It's a legal document and is serious business. Read the instructions and take it very seriously. Don't whine, give solid reasons why this copyright violation is costing you money and business.

If you send it to G and run adsense, point out you and them both lose business and money as a result of this violation.

I know for a fact it works. But do the research and pen it professionally.

Good luck.