Only up a few weeks and already a copy cat

You have no idea, well some of you might, how pissed I am right now.
This kid is outright denying it too.
my site: http://tourthemes.com
his: http://www.blackberrytourthemes.net

I've spent hours upon hours getting backlinks, creating good keyword posts, finding content for a topic in high demand but little to write about and he takes it alllll.
look at my about page and then his http://www.blackberrytourthemes.net/2009/07/backberry-tour-themes.html
post for example.

Reported it to godaddy as we both host on it.
Also reported him to adsense as he has 5 ad links on the front page... i'm pretty certain you can't go above 3.

 

Send him an email warning him and MENTION about DMCA policy in it.

 

They don't even look the same. I see nothing that copied from your site that would be illegal.

 

His content is the same.
I contacted him last night and he denied it.
Already reported him.
Looks like he changed the text but content is still the same.
Instead of showing the wallpapers I did, he showed some and zipped up the rest.
He took my BBM 5.0 download and hosted it elsewhere.
He took the OTA post and restructured it.
He just redid everything but the content that the posts are reflecting is the same as mine.
Guess I can't do much about that.

 

So where is there a law that states that he cant offer the same content as you? do you own copyrights on the content? if not then you cant really say anything. Just stating the truth thats all.

 

Let his webhost know about the infringement and they'll remove it.

 

If you don't have permission from the copyright holder to use/display/offer for download those wallpapers, you both have illegal content and can your adsense account. You just can't find images on the net and then reformat them and offer them for download.

 

Lmao my domain isn't infringement.
The word 'tour' isn't copyright. You can't copyright common words.
'Themes'.. is that copyrighted too?
Also I'm not offering them for download and I didn't resize them. They were all found through google. If anyone wants them taken off they can simply contact me. He's the only one offering them for download by zipping them up.
I'm not an idiot.

 

Finding images through google and displaying (or offering for download, even linking) them on your site is copyright infringement unless you have express permission from the copyright holder. You are liable for damages. A usage fee of several thousand dollars per image in not uncommon. Offering to take them down when contacted isn't legal usage.

Read the adsense TOS. Running adsense with copyright infringing content is against the rules and cause for termination of your account.

If you're not an idiot, read the adsense TOS before you put it on a site. You can't complain about someone stealing images you stole in the first place. If this other persons site loses its adsense account or hosting, you've posted the responsible party and site. I'm sure they will work hard to return the favor.

 

It is important not to use Google Images' (or generally Google's) copyrighted image usage as a legal model for your website. In the past, Google has been sued and lost in some lawsuits concerning Google Images. Though the method you are using (not hosting the images yourself and linking to the owner's website) to display these images is "more legal" than the method of the other website, you may still not be free of legal wrong (hotlinking, not using thumbnail). When using any content of another source, it is important to first view the legal documents (Copyright Policy & Terms of Use and Conditions) of the owner. If these documents do not directly give you permission, then you should ask the copyright owner.

 

Hmmm so someone rips my website... steals my content (and I already said not wallpapers as I don't own rights to them), yet you're here pointing a finger at me?
I think this is more than a right/wrong issue. I believe you're just someone who likes to argue.
If you want to report me for those wallpapers, go ahead, I wont take them off.
None of them are signed or have any sort of copyright. How am I to know they are not for general use?
Until you find the original creator you can't even report me to begin with.
They're not hosted on my server, I got them off of large websites through google, (pr 5+) website, which already had formatted for the Blackberry device. If the owner does indeed contact me I will remove and notify them of the website.

 

You need to learn the basics of copyright law. ALL images/photographs/illustrations have an automatic copyright upon creation - no watermark means absolutely nothing.

The sites you stole the images from may be the owner, or paid a licensing fee, or stole them - it doesn't matter, you have no legal right to display those images. Sure the owner can contact you to remove them, and they can also demand a usage fee per image for unauthorized use that already occurred. Copyright infringement can also be a criminal charge - people have gone to prison in extreme cases.

You have no problem stealing someone else's copyrighted content (you didn't get permission, so yes, it's theft), yet you want to cry when someone steals yours. Figures.

 

Lol you're funny.
I'm not crying, as I said you're just trying to argue.
You sit there as if you don't have pictures on your website.
Let me guess you photographed or digitally created everything on your website?
Like I said, I can't find the owner so I can't ask.
Now quit wasting my time and go cry to someone else.

Also, I've released my templates here so if I want I can go sue everyone who is currently using them because I made them and they're copyrighted.

 

Of course I have images on my websites - every single one was purchased, usage rights were given, or I hired a professional photographer - every single image. Not everyone is a scumbag who steals from other people and then cries when it happens to them.... and yes, you were whining.

I have a feeling that you will soon be posting about how adsense terminated your account and didn't pay you because you committed copyright infringement.

 

I can't see that those 2 pages are the same. Anyway do you have copyright on your site?

 

haha funny arguement here. we all know there are guys who can't take hint

 

Like I told you there's no way for adsense to just magically come up with the owner. Just like there's no way for me.
How can I ask for something that atm doesn't exist.
You're absolutely right though, I'm the scum bag.
I host people themes (for the blackberry) with no questions asked for over the air installs and it on average kills about 25% of my bandwidth... but I'm the scum bag.
If you find the owner let this scum bag know or stop crying.

 

Not only is nothing in the way of content similar, I doubt either of you have trademarked the name, or copyrighted the material. I'd be a bit more concerned about the fact that you both are likely using copyrighted material yourselves.

 

You have to be very careful when you talk about copyright and things of that nature. I suggest you do a little research on copyright and get some advice on people who know alot about these situations.

 

apologize, but on dp you can't edit your posts after a few hours.
I contacted him through email and he agreed to write his own content and took mine off.
I'm in no way in trademark violation.
You can't trade mark common words such as 'tour' and 'theme'