Buying a Site

Discussion in 'Legal Issues' started by yourihost, Dec 16, 2007.

  1. #1
    If I buy a site of someone.

    Do I own the content of the site ?


    or do they still own copyright?
     
    yourihost, Dec 16, 2007 IP
  2. libertygone

    libertygone Active Member

    Messages:
    2,625
    Likes Received:
    48
    Best Answers:
    0
    Trophy Points:
    90
    #2
    when you buy the site you are buying the entire website with the content and everything with it unless they otherwise state it.

    i'd ask the seller of the site if you own the content when you purchase it
     
    libertygone, Dec 16, 2007 IP
  3. yourihost

    yourihost Well-Known Member

    Messages:
    1,708
    Likes Received:
    45
    Best Answers:
    0
    Trophy Points:
    115
    #3
    He did not mention anything. Now he is asking me to change the content.
     
    yourihost, Dec 16, 2007 IP
  4. Codythebest

    Codythebest Notable Member

    Messages:
    5,764
    Likes Received:
    253
    Best Answers:
    0
    Trophy Points:
    275
    #4
    Hehe...good deal...

    We are close to buy a BMW from the dealership, and once paid, the dealer ask the buyer to change the engine...

    I like this one...hehe...:D

    You buy it, you pay for it, and it's yours. Period.
     
    Codythebest, Dec 16, 2007 IP
  5. yourihost

    yourihost Well-Known Member

    Messages:
    1,708
    Likes Received:
    45
    Best Answers:
    0
    Trophy Points:
    115
    #5
    This guy says im killing his seo buy having the same content.
    He also says he sold me the "structure" of the site , not the content.

    Can he sue me?
     
    yourihost, Dec 16, 2007 IP
  6. RectangleMan

    RectangleMan Notable Member

    Messages:
    2,825
    Likes Received:
    132
    Best Answers:
    0
    Trophy Points:
    210
    #6
    Technically you do not own the copyright unless it was explicitely expressed in the sales agreement. However it's standard that when a person sells a "website" it includes the content. If I were you...I would tell him to sue you.
     
    RectangleMan, Dec 16, 2007 IP
  7. Soccerplayur012

    Soccerplayur012 Peon

    Messages:
    1,291
    Likes Received:
    55
    Best Answers:
    0
    Trophy Points:
    0
    #7
    Tell him to bite you and lawyer up.
     
    Soccerplayur012, Dec 16, 2007 IP
  8. yourihost

    yourihost Well-Known Member

    Messages:
    1,708
    Likes Received:
    45
    Best Answers:
    0
    Trophy Points:
    115
    #8
    hmm but then again he is using someone elses grahics. He uses Windows Vista pirated. He uses pirate copies of law forms.( Long story but I know).

    Do I have a chance?

    I sold the site with (his) content on it. He says I didnt have resale rights.
    How can I change the content , I dont own the site?
     
    yourihost, Dec 16, 2007 IP
  9. HostColor

    HostColor Well-Known Member

    Messages:
    428
    Likes Received:
    9
    Best Answers:
    0
    Trophy Points:
    135
    #9
    If you bought the website, with the design and the content its yours and you can do whatever you want with it. You can sell it again and no one should even try to tell you what to do with it. Of course beware of a copyrighted materials.
     
    HostColor, Dec 17, 2007 IP
  10. Tobias

    Tobias Peon

    Messages:
    20
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #10
    Content is the flesh of a website. By selling you the website, he was effectively selling you the content. A website isn't just a template, a script and a good pagerank.

    Simply put, if he does try to pull anything - he'd have a pretty weak case against you.

    Wish you luck ^^
     
    Tobias, Dec 17, 2007 IP
  11. AstarothSolutions

    AstarothSolutions Peon

    Messages:
    2,680
    Likes Received:
    77
    Best Answers:
    0
    Trophy Points:
    0
    #11
    You need to read your contract of sale that should have included what is included and what isnt. Likewise if there are liabilites from illegal use of copyrighted materials etc then if you or they are responsible for it.

    I am guessing however you didnt use solictors and probably dont have a contract of sale in which case you need to refer to all communications leading up to the sale.... if they are unclear then you most likely would consider to have purchased the whole lot locks stock and barrel - both the positives of the content and the negatives of any illegal content.
     
    AstarothSolutions, Dec 17, 2007 IP
  12. music_city_bound!!

    music_city_bound!! Peon

    Messages:
    46
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #12
    OK, sounds like you got a bad deal there, and the person was kind of shady!

    Sorry about that, we aren't all like that! So don't let this leave a bad taste in your mouth.

    I myself am a website broker & also a "developer" level website flipper!
    (I get the most joy out of building them) Oh yeah and did I mention I was a web designer by day? lol (Probably would account for my love in building & selling).

    I on occasion have sold a few of my own sites.

    I have yet to list them here on DP, but will soon!

    I have some basic guidelines I follow when I list.

    There are certain things that I include in my listing, here are a few to look for:

    Why is the seller selling the site?
    What is included in the sale?
    Why the site will be beneficial to the buyer?
    What & are there any bells & whistles?
    (In my case, I use custom made website header graphics & web 2.0 graphics) so I will include that here)
    Site Revenue: (be weary of screen shots, they can be forged easily in Photoshop)
    Traffic: ((be weary of screen shots, same as above)
    I include 30 days of support to the buyer.

    Those are just a few of the things that I include in my own listings & also look for in my own purchases.

    Hope that helps at least one person!

    Make sure you exercise caution!

    Got run.

    Later,
     
    music_city_bound!!, Dec 17, 2007 IP
  13. yourihost

    yourihost Well-Known Member

    Messages:
    1,708
    Likes Received:
    45
    Best Answers:
    0
    Trophy Points:
    115
    #13
    Hmm also he claims MSN logs can not be used in court.

    and he threatned to come visit me. I said thats harrasement and threating , he said he doesnt care because msn doesnt count.

    He also said he would sabotage my repuation on digitalpoint.

    What can I do , I dont own the site?
    He never said I didnt own copyright.
     
    yourihost, Dec 17, 2007 IP
  14. AstarothSolutions

    AstarothSolutions Peon

    Messages:
    2,680
    Likes Received:
    77
    Best Answers:
    0
    Trophy Points:
    0
    #14
    It is up to the court to decide if something counts or not.

    Under things like the posting law it probably doesnt count (which says a contract is binding from the date the acceptance is posted not the date it is received) but certainly for pre-contract negotiations any discussions in any format "count"
     
    AstarothSolutions, Dec 17, 2007 IP
  15. tushardhoot1

    tushardhoot1 Active Member

    Messages:
    3,013
    Likes Received:
    96
    Best Answers:
    0
    Trophy Points:
    90
    #15
    If the site if not worth more than $5000, then let him sue you. He'll lose out.

    And its your site, you can do whatever.
     
    tushardhoot1, Dec 17, 2007 IP
  16. RectangleMan

    RectangleMan Notable Member

    Messages:
    2,825
    Likes Received:
    132
    Best Answers:
    0
    Trophy Points:
    210
    #16
    That's just not true at all. Example..let's say you go to ebay and buy a photo of James Dean...do you own the rights to that photo? No you do not. Rights need to be expressed and they are not automatically given even in the course of a sale. The original copyright holder of any content must explicitely give permission or express the new rights of a buyer. It's not automatic even if it's assumed by the buyer.

    However..don't worry about your reputation here as I think it will backfire on the seller if he tries to slur you. Most here believe that a site sold means you get the content too. Even if you do not have the resale rights you can argue you did have license to use material on the said site. If you have license then he must express you have no right to transfer that license which is essentially what you have done.

    Good luck and don't worry about this clown.

    EDIT: Found this about IM's as evidence
    http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1189501361400
     
    RectangleMan, Dec 17, 2007 IP
  17. bazita

    bazita Peon

    Messages:
    82
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #17
    that funniest thing i never heard in my live !!!!!!!!:eek:
     
    bazita, Dec 17, 2007 IP
  18. killaklown

    killaklown Well-Known Member

    Messages:
    2,666
    Likes Received:
    87
    Best Answers:
    0
    Trophy Points:
    165
    #18
    If you bought it, its yours.

    To add to that car line...

    You buy a movie at the store, at then they say you must create your own cover or they will sue you.

    When you buy a site, you are paying for the right to OWN the site and content. If he wants you to change it, tell him no, and if he keeps telling you, tell him you will get a lawyer and you can discuss it in court.

    You said he has the same content, the way i see it is that he is now stealing from you. Turn things around on him. He doesnt have any proof hes the creator of that content. (Unless his site had the content on it before your site did)



    He sounds like a kid who was trying to make a few bucks.

    Tell him to go ahead and visit you, but remind him that:

    - Traveling costs money (couple thousand)
    - He needs a place to stay ($100 a night)
    - If he comes, its no longer 'msn' and you can call the cops on him for threatening you, and trespassing on your property



    Find it funny he thinks 'MSN messenger' logs cant be used in court, I wonder how all those online predators via Instant messengers get caught...
     
    killaklown, Dec 17, 2007 IP
  19. RectangleMan

    RectangleMan Notable Member

    Messages:
    2,825
    Likes Received:
    132
    Best Answers:
    0
    Trophy Points:
    210
    #19
    Wrong Killerklown.

    When you buy that movie it's really clear that you can't make copies and resell that movie. So obviously you are only making my point.
     
    RectangleMan, Dec 17, 2007 IP
  20. killaklown

    killaklown Well-Known Member

    Messages:
    2,666
    Likes Received:
    87
    Best Answers:
    0
    Trophy Points:
    165
    #20
    um... i said "You buy a movie at the store, at then they say you must create your own cover or they will sue you." I dont exactly know where you got 'make copies and resell'
     
    killaklown, Dec 17, 2007 IP