All blog's content has been stolen, can you please help with an advice?

Hi,

I guess I am not the only one, but my site has somehow been stolen, all the posts that I have been writing and buying for over a year, have now been copied and pasted to someone's .info domain.

I left a comment on one of the 30+ stolen posts, I emailed him, I left him a message on Twitter -- no response at all. Not only all my content has been duplicated for SE, he also even promotes these posts. The interesting fact is that all the posts on HIS blog appear to be published on the same data as they are on MY blog, as if he just restored my database unto his site (which is impossible because i don't keep backups online).

This is the thief's whois info:
http://whois.domaintools.com/asterhost.info

Problem is, how can I contact this host? There is no even info.

Can I contact GoDaddy? Actually WHAT can I do? I am afraid to get my domain penalized because of the dup content... Please, any advice would be appreciated!

Thanks in advance

 

im afraid you cant do anything

 

You need to have some proofs to show that these are your original articles because he can also tell that u are stoling the posts. Bad situation.

 

Well, I guess that will be easy, since my domain is 5 years old and his is 2 weeks old, so it's more likely that mine is more genuine, he dates his posts back to 2008 while his domain didn't even exist back then.

Basically there must be SOME tools that one can use when his content is stolen just like that...?

 

Try to find him thrue domain. ASTERHOST.INFO is registered at godaddy.
Registrar: GoDaddy.com Inc. (R171-LRMS)

Good luck!

 

Thanks robertnille, I tried already but everything leads to a dead end. The host that "hosts" his website doesn't have a website or available whois, the domain in his email has hidden whois, the host that hosts THAT domain is fake either.

I will sit to write the DMCA tomorrow and sent it to Mountain View, but will takes bloody ages until they have the time to review it.

I found him on Facebook, he has a profile and page for his hosting company (which is the one that hosts his site, doh). will it help in any way?

 

There is a right way and a wrong way to do this.

First... where are you (country) and the alleged infringer... if both in USA - all this below is for you... if not - then you have different factors

There is a right way and a wrong way.

The wrong way is what most others will recommend.

The Right Way

1. Do nothing at all with the alleged infringer... don't email him, phone, or write, don't harass his host and don't send notices to search engines

2. Register all the content of your blog (IF it is all yours). If some isn't, could be fair use, or written by freelance you are best not to register UNLESS you have legally binding documents that state copyright have been transferred.

3. Wait for the copyright office to send your issuance number

4. If you have posted new content during the waiting time file an update (especially if the idiot copies these new works)... if you file within 3 months of authoring you have some serious option.

5. Then consult with an IP attorney and have fun.

 

I am a writer and, several times, have had my work plagiarized.

First of all, you don't need to register copyright to have work copyrighted. The only reason to register copyright is it you intend to take the issue to trial.

If the theif's host is godaddy, send godaddy a DMCA claim

Also send the claim to Google.

In my experience, letting a host know that someone is infringing your copyright will get the thief's site taken down within a week.

 

Listen, you can do whatever you desire... and you can even get away with it (just like you can equally shoplift and get away with that... but it doesn't mean you are acting within the law).

US COPYRIGHT LAW IS VERY EXPLICIT infringement claims cannot occur without a registered claim of copyright ... which cannot be proven outside of a court of law... no matter how much you desire to avoid the cost of copyright and the cost of litigation... a legitimate copyright holder wouldn't falsely represent themselves... would they? But you suggest, you are.

You cannot prove a claim of infringement without proving copyright first... so you are materially misrepresentating yourself by doing so... according to the law.

It doesn't matter who is right or wrong - it only matters what you can prove and by misrepresenting your claim (which you never exercised) I can PROVE you don't have any claim... can you PROVE you do?


<added>I'll re-state this in a context you can understand... I hired a freelance writer to purchase work-made-for-hire under a signed contract... I automatically own the copyright as I commissioned the work and have your signature on the work order.

The writer not knowing much about copyright believes they own the copyright BECAUSE THEY WROTE IT and resells their saved work to another entity... and that entity asks for a copyright transfer which you agree to. You have a good faith belief that you are the writer and believe you have the rights to do so, so you do.

So a year goes by and everything is ok but 1 day I receive a takedown order from the second company... what happens? Better yet... which party thinks they own the copyright?

Copyright is disputed... BUT there can be no claim of infringement UNTIL the courts rule on the copyright.

So which party owns the copyright?

Rightfully "I" normally would but without an issuance from the Copyright Office I cannot prove that... what if the 2nd company acted on their good faith belief that the writer had the rights to transfer copyright? I may categorically be the rightful copyright holder in the originating eyes of the law but my proof to show a judge that wasn't there at every occurrence... is lacking and it's the acknowledgment of the Copyright Office that is the proof the law needs to rule within US law.

Back at DMCA I can counterclaim the takedown order and I would be within my "good faith belief" to be ABSOLUTELY correct... and the next step is litigation... (DMCA isn't meant to protect the copyright holder - it is meant to protect innocent 3rd parties from getting involved in a dispute that does not concern them)...

The kicker here is my attorney only needs to show up in court... the second company needs that issuance to show up... and even then it isn't clear cut as to who wins because the 2nd company had no rightful claim of copyright... you can't acquire a right from an infraction.

BUT it all depends on the court's rulings.

And just because you are the rightful copyright holder and no one is lying doesn't mean squat.

Bottomline here... you're dead wrong to believe you can do anything "LEGALLY" without the courts</added>

 

Ignore everything fathom says but this.

He has a messed up understanding of copyright law and following his advice is at your own folly.

 

as we see content hype in going to top. i read an article which says in next 10 years the copyright Law will be vanished from online industry. Bcz no one can do anything with this global Cyber crime.

 

Registering is a folly... that's good to know.

 

No, following the 'advice' you offer in every copyright thread is folly. You're seriously misleading people.

 

Go to copyscape and see if your content is somewhere else

 

That seriously good to know as well.

Your colorful rhetoric is adequately enlightening.

 

This is the problem which make me quit from blogging one time ago....

My advice... Just mention on your blog that' the site stole content from ur blog...
maybe u can post an article about it... let all known what he done...

 

You have to do nothing. Search engine will definitely punish him for having 100% duplicate content from your site. As you are the first one to publish the articles, it should do no harm to you.

Write a post and let people know what he is doing. I think there is a tool called google alert that might help you. I am not sure how it works but just give it a quick look.

 

Yah, I think that's the best way for you to do it... Write an article telling every visitors of yours regarding the website who have stolen your write ups.

 

First of all, I understand copyright quite well. I have to. I've been writing content of various types since 1975. I also ran a publishing house which was at one time listed by Writer's Market as one of the best 25 places on the Internet to be published. So I know my stuff. Make no mistake about that.

The others are right on this. You are messed up on copyright law. From the US Copyright Office:

Second, you cannot hire a freelance writer to make a "work for hire". Rules on work for hire are very explicit. The only way a freelance writer can transfer exclusive copyright is by signing a statement to that effect.

Again from the US Copyright Office (the bold text is mine):

Those certain specified circumstances are (from Circular 9):

 

You should read the whole documents first... page 1 isn't the only important page.

The first states you cannot file a claim of infringement without registering...

"IF" you can't file to sue... it's pretty dumb (legally) to use a system that ends with you needing to when you can't (read page 7). (Also read DMCA counterclaim procedures and remedies)

YES you have automatic protection - I've never disputed that... NO to exercise your rights to protect your work you must prove you have those rights to start with.

...and the law states (in United States) a minimum prerequisite to file court action is registration.

The second if you continue reading the circ for work-made-for-hire the author (when it isn't an employer/employee situation) is the commissioning officer (UNLESS documents state otherwise.)

It further clarifies who owns the copyright which is for work-made-for-hire "the author does" and as noted above the author is (when it isn't an employer/employee situation) it is the commissioning officer (UNLESS documents state otherwise.)

Since you are a "WRITER" here's why... you write for me... I get the material and post it on the web... someone infringes and dmca takedown is done, and they counter claim... who goes to court for claiming infringement?

In your version - I can't... I would demand you do! You now gain the legal fees and court costs if you lose the claim and I don't. How much did you earn for that right? A possible development - You refuse to file because it isn't worth it for you... (thanks that really helpful) and now I sue you for the rights... which you have expressed you have no wish to protect.

The key point here... you need to express in the agreement you specifically retain the rights... if you do not - they are mine automatically.

<added>KEYNOTE: the law isn't rigid it is interpretative... if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

If we sign a contract... for the work to be made, I pay you for that work, then you create it for me and I have proof of the contract before you created it and proof I paid - the parties expressly agree in a written instrument signed by them

...if you did the work for free... I have no claim here...

...if we had no documents noting a relationship for the work... I have no claim here...

...if you created the works prior to our agreement... you must formally transfer the copyright to me if that is your desire.

I realize some people are a dumbass... but I can prove I hired you specifically for this work with a contract and my payment method and you signing one and accepting the other - you expressed yourself pretty clearly.

I would... use that information to "register the work" under the clause a work-made-for-hire.</added>