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

Discussion in 'Legal Issues' started by Lorelei, Jan 25, 2010.

  1. Shyflower

    Shyflower Peon

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    #21
    You can't read into the law the way it should be or the way you want it to be. When it's clear in black and white, it isn't interpretive, it's the way it's written.

    And by the way... I have read the whole document, including the aritcles as written, several times.
     
    Shyflower, Jan 27, 2010 IP
  2. fathom

    fathom Well-Known Member

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    #22
    Well there is more than enough case law to suggest you could lose a claim against anyone with your endorsement on as little as a check prior to the work commencing... with even more documents your case gets harder to prove... so my advice for you is don't cash any checks until after the work is completed as you could easily find yourself infringing on my rights.
     
    fathom, Jan 27, 2010 IP
  3. dscurlock

    dscurlock Prominent Member

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    #23
    Content is stolen day and night. I posted some content on a site, then I found
    out 5 min later, another forum had indexed it in to their own site..I thought that
    was cool, but it is still wrong, and unoriginal at best, they just steal other
    sites content...common practice, is it right? no..does it matter to them, no...
     
    dscurlock, Jan 28, 2010 IP
  4. MIKESEARCH

    MIKESEARCH Peon

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    #24
    Correct answer :) at least someone in this thread knows what they are talking about.
     
    MIKESEARCH, Jan 29, 2010 IP
  5. fathom

    fathom Well-Known Member

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    #25
    Sure... and I have a good faith belief you are mistaken about your claim and file a counterclaim... you then do what?
     
    fathom, Jan 29, 2010 IP
  6. Shyflower

    Shyflower Peon

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    #26
    You need to take a reality check. How many web site owners would start a court case over a single page of web copy? Hardly seems worth the expense, doesn't it?

    Registered copyright is a great idea for those with deep pockets. However, for copyright to remain registered, the material cannot be changed. How often do you update the web pages on your site? Do you have $35.00 to spend for each page of your site and are you willing to re-register each page each time it's updated?
     
    Shyflower, Jan 30, 2010 IP
  7. fathom

    fathom Well-Known Member

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    #27
    Your point is my first point... how many people would infringe on a page "because" they know "YOU" won't go after them for 1 page?

    It's partial pennies a page for a complete work... my website is 1 work... with 1000 pages that's $35/1000 = $0.0035 per page... and if you update every 3 months you can collect the maximum the law will allow for each instance ($150000)... but you're right of course - for the infringer you are merely bluffing about your rights... you have no interest protecting anything.

    In fact when I hire you for a work it falls into a supplemental work for a website (which falls into one of those categories you noted for work made for hire)... so this is you adding to my Book and as you know in the real world copyright is 1902, 1903,1910, 1925, 1950, etc. and that is purely $35/year (how much is hosting?)

    That's REALLY EXPENSIVE
     
    fathom, Jan 30, 2010 IP
  8. DubDubDubDot

    DubDubDubDot Peon

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    #28
    Fathom, you really need to simmer down in these threads.

    The reality is that DMCA generally works fine to remove infringing content. Webhosts do not demand proof, and the infringers do not object since they are trying to lay low.


    To the OP: If the infringer owns the host he is at, follow the IPs to his upstream provider and DMCA them. Chances are he is just a hosting reseller though.
     
    DubDubDubDot, Jan 30, 2010 IP
  9. allthatjazz

    allthatjazz Guest

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    #29
    and that my frn is the bottom line , and is being misused to harass people in disguise of copyrights, what if the so called ' infringer' decided to go to court on this , then the so called fancy number people like to throw up , like ' copyright= DMCA= get sued from mills:p could really back fire on you and turn in reality on you if you cannot prove your copyright to the content. i could file a dozen suits in liability on you if you cannot prove your contention


    people have been blackmailed , have faced harassment from so called and self employed copy right chasers .

    To Op if you are in states and the other guy is hosted from a hosting which falls under DMCA if you could try the DMCA and it would work in most cases , not legal but that is how the system works other then that google is your best bet.
     
    allthatjazz, Jan 30, 2010 IP
  10. fathom

    fathom Well-Known Member

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    #30
    The worse position ever to be in "legally" is assuming you know.
     
    fathom, Jan 31, 2010 IP
  11. DubDubDubDot

    DubDubDubDot Peon

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    #31
    Now you are just fucking around and trying to play mind games.
     
    DubDubDubDot, Jan 31, 2010 IP
  12. DubDubDubDot

    DubDubDubDot Peon

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    #32
    An infringer suing a content owner because he can't prove the content is his?

    Get real.

    How old are you?
     
    DubDubDubDot, Jan 31, 2010 IP
  13. allthatjazz

    allthatjazz Guest

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    #33
    read 'so called ' infringer' and 2nd if you can't prove if the content is yours then how in god's name it is :confused: and if you can't prove it then there is no infringement and you are open game.

    old enuff to know what is right and what is wrg:p i just don't troll the forums scaring people.:p
     
    allthatjazz, Jan 31, 2010 IP
  14. awundrin

    awundrin Well-Known Member

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    #34
    I think you should blog about him-for sure. If the content was yours and google has indexed your blog then his site will suffer, not yours. This really stinks. I just found out yesterday that someone had stolen one of myarticles on ezinearticles without giving me the credit...he had tried to spin it but it still shows as a copy on copyscape. I went to his blog and made a blog post there yesterday and told him that if he is going to use my article that he must include the author resource box-no reply yet.
     
    awundrin, Jan 31, 2010 IP
  15. DubDubDubDot

    DubDubDubDot Peon

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    #35
    You are starting to sound like a ghetto thug.... "If they ain't got no gun, they got no case foo."

    And honestly, I have to ask myself why I am debating advanced topics with someone who has problems putting proper sentences together.
     
    DubDubDubDot, Jan 31, 2010 IP
  16. fathom

    fathom Well-Known Member

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    #36
    No I'm just so amazed that someone with a claim on "rights" acts so stupidly.

    You don't sound like someone overly interested in protecting anything.

    If I ever infringe on anyone... you're my preferred customer.
     
    fathom, Jan 31, 2010 IP
  17. Shyflower

    Shyflower Peon

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    #37
    Whoop de doo! You have a 1,000 page website. I imagine Amazon.com does too. And they continually add new products, take out discontinued items and put items on special. They also allow their visitors to post reviews. Do you imagine they register copyright daily? Still their copyright notice is at the bottom of each page.

    What about bloggers? Do propose that they register copyright for each blog post? I imagine sites such as CNN (which has dozens of blogs) also have at least a thousand pages... and what about those news stories? Still, CNN has quite a lengthy copyright notice in its terms of use.

    Do you imagine they register copyright daily?

    Here's the thing -- the Digital Millennium Copyright Act (DMCA) was designed for the web to help website owners protect their copyright even though it is unregistered... and by the way allthatjazz, it is legal; it's US Law. The European Union has their own versions: The European Union Copyright Directive (EUCD) and the Electronic Commerce Directive (ECD).

    A DMCA doesn't award damages but it does get plagiarized content removed. I've used it at least a half-dozen times and it hasn't failed me yet.
     
    Shyflower, Jan 31, 2010 IP
  18. DubDubDubDot

    DubDubDubDot Peon

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    #38
    Very rarely does a DMCA takedown notice not work.

    That's the bottom line, and if saying that makes me stupid then I guss I am stupid.

    You can go on yet another rant about how the DMCA is a bluff without a registered copyright or whatever you are trying to say, but here in the real world, again, DMCA gets things taken down.
     
    DubDubDubDot, Jan 31, 2010 IP
  19. abhijit

    abhijit Notable Member

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    #39
    he is using automatic blog posting through your feed................................will give you a technique...............
     
    abhijit, Jan 31, 2010 IP
  20. allthatjazz

    allthatjazz Guest

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    #40
    do you realize how dumb this would sound in a court . and seriously i really don't know why i even bother to also reply to your posts since day one here here you have just been trolling.

    @ Shyflower DMCA is only restricted to U.S.A. EUCD and ECD are totally different and the polices depend from host to host and belive me and again am not boasting ,am server reseller part time and have seen enuff DMCA notices in my time , plus also on a personal front as a ex admin of a site i won't name here :p and till date none of the DMCA's were honored by us , since it is not binding on my hosting, d.c's or my country , we just told them to politely , suck it up.

    i belive in a free net , not a net controlled by crops tellling us what to do. and we never made any money on personal front as result of our doings that is against our ethics.

    what happened to OP is totally a different story , he def should try his level best to get back what ever he can .

    @DubDubDubDot you can go to my ignore list if there is feature like this here :p
     
    allthatjazz, Jan 31, 2010 IP