1. Advertising
    y u no do it?

    Advertising (learn more)

    Advertise virtually anything here, with CPM banner ads, CPM email ads and CPC contextual links. You can target relevant areas of the site and show ads based on geographical location of the user if you wish.

    Starts at just $1 per CPM or $0.10 per CPC.

Stolen blog post.... what do I do?

Discussion in 'Legal Issues' started by Mitchell Abdullah, Jul 20, 2010.

  1. #1
    So someone went to my site. We have a blog. They took our decently sized blog entry and posted it 99% word for word on their website without giving any credit or anything just totally stole it.
    Note: If you say, just sue.... it's not that simple.

    How do I:
    -Force them to remove it?
    -Shut their site down?
    -Report them to someone who can smack them silly lol
     
    Mitchell Abdullah, Jul 20, 2010 IP
  2. rmastro85

    rmastro85 Peon

    Messages:
    2
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #2
    If your work isn't published, then I am not sure what you can do. Obviously copyright is illegal, but on things that are published. Plagiarism on the other hand isn't strictly illegal.

    Check plagiarism vs copyright on your favorite search engine.
     
    rmastro85, Jul 20, 2010 IP
  3. mcfox

    mcfox Wind Maker

    Messages:
    7,526
    Likes Received:
    716
    Best Answers:
    0
    Trophy Points:
    360
    #3
    You can request that they remove it.

    If that doesn't work, you can go 'upstream' and request that their host do something about it. No luck there, you can go further upstream. Eventually someone will act.
     
    mcfox, Jul 20, 2010 IP
  4. Business Attorney

    Business Attorney Active Member

    Messages:
    621
    Likes Received:
    33
    Best Answers:
    0
    Trophy Points:
    70
    #4
    WRONG! In the United States as well as almost every other country, there is no publication requirement. Copyright protects original works of authorship as soon as they are fixed in a tangible form of expression. A blog is certainly a tangible form of expression (and would almost certainly be considered a "publication" if indeed that were a requirement).

    Step one - ask the infringer to remove your material from its website.
    Step two - send a DMCA takedown notice to the website's host.
     
    Business Attorney, Jul 20, 2010 IP
    mcfox likes this.
  5. xanth

    xanth Active Member

    Messages:
    328
    Likes Received:
    13
    Best Answers:
    0
    Trophy Points:
    60
    #5
    I agree with Business attorney on this one 100%. Once it's "affixed in a tangible form" like written on paper or saved in a file, copyright protection happens.

    Regarding the steps, you may want to wait. Send the takedown notice to the site owner and see if he'll take them down without trouble. I've found that sometimes it's easier to get what you want before hitting up the website host, who may or may not be willing to comply so quickly. If you need a dmca letter, here's a form how to write one that should be helpful. Good luck.

    http://www.thelaw.com/guide/ip/copyright/how-to-write-a-dmca-takedown-notice/
     
    xanth, Jul 21, 2010 IP
  6. Business Attorney

    Business Attorney Active Member

    Messages:
    621
    Likes Received:
    33
    Best Answers:
    0
    Trophy Points:
    70
    #6
    I agree that you should contact the owner first and give him a chance to take the post down (or give you credit, if that is what you want). By labeling them step one and step two, I thought it was clear that the two steps were done serially, not simultaneously, but I guess I should have been more specific.
     
    Business Attorney, Jul 22, 2010 IP
  7. atreides

    atreides Peon

    Messages:
    279
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    0
    #7
    You couldn't even if you tried, mate. lol. classic.

    Btw Mitchell, write to them, in a formal and firm manner detailing your option of going to DCMA with your complaints, if they do not take the content down in xx days.
    That always works against smaller sites
     
    atreides, Jul 22, 2010 IP
  8. Johnny Mnemonic

    Johnny Mnemonic Well-Known Member

    Messages:
    318
    Likes Received:
    13
    Best Answers:
    0
    Trophy Points:
    110
    #8
    It could be a bot doing it. I used to have a blog once and then pages from it were being archived on other sites. I wasn't sure how it was happening, but it just seems like it was a automated thing, if you have a blog set to public, it happens. But if someone did it, then you could ask them to take it off.
     
    Johnny Mnemonic, Jul 22, 2010 IP
  9. contentboss

    contentboss Peon

    Messages:
    3,241
    Likes Received:
    54
    Best Answers:
    0
    Trophy Points:
    0
    #9
    if its a bot, ban the IP. Look at your logs to see what's coming in.

    Some people go as far as to write some code that checks the IP, and when the bot comes a calling, show it something *really* nasty.
     
    contentboss, Jul 26, 2010 IP
  10. xanth

    xanth Active Member

    Messages:
    328
    Likes Received:
    13
    Best Answers:
    0
    Trophy Points:
    60
    #10
    Nothing classic about it. In email/forum posts it's difficult to make clear what was probably intended so I just made sure with a follow up. Nobody wants to waste time with extra typing and this was just an added comment to a good one.

    I wouldn't bother sending your letter. There is no point since you'll have to then send the DMCA letter and waste even more time. The DMCA letter I've posted is a good form letter because it puts in specific items anyone needs to know in a list as to what needs to be taken down and why. There is nothing wrong with being polite about the letter but I certainly wouldn't make this two step dance and waste time.
     
    xanth, Jul 26, 2010 IP
  11. marshalprince

    marshalprince Peon

    Messages:
    435
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    0
    #11
    ya you can first request them to give the credit, if this doesn't go fine then you can go for their host, report their host about the matter and they will take the suitable actions
     
    marshalprince, Jul 26, 2010 IP
  12. omarabid

    omarabid Well-Known Member

    Messages:
    1,509
    Likes Received:
    13
    Best Answers:
    0
    Trophy Points:
    130
    #12
    How much does this affect you? From my experience, they are just auto-blogs and fighting them is eternal.
     
    omarabid, Jul 27, 2010 IP
  13. googlecrawl

    googlecrawl Banned

    Messages:
    1,739
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #13
    you can put a javascript code to protect your content from stolen
     
    googlecrawl, Jul 28, 2010 IP
  14. MLMOA

    MLMOA Peon

    Messages:
    22
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #14
    I would contact them and demand that they remove the post or include your links in it. This is pretty blatant behavior.

    You could also call their hosting company.
     
    MLMOA, Jul 28, 2010 IP
  15. MayaLocke

    MayaLocke Peon

    Messages:
    1,016
    Likes Received:
    14
    Best Answers:
    0
    Trophy Points:
    0
    #15
    Request they remove it immediately, a second step would be a DCMA complaint to their host.
     
    MayaLocke, Jul 30, 2010 IP
  16. earnincome

    earnincome Peon

    Messages:
    724
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    0
    #16
    If they added in blogspot, try to inform to blogger support. If they added in website. Just find their hosting provider, and give a warning to them, that this website done copyright, and just make afraid them, that you will proceed legally. So, they will surely, close his website :)

    Putting javascrpt on the website, will just save from copy. But if he is fast at typing, he may write itself. Then, what can we do.
     
    earnincome, Jul 30, 2010 IP
  17. redthehat

    redthehat Peon

    Messages:
    434
    Likes Received:
    7
    Best Answers:
    0
    Trophy Points:
    0
    #17
    Do a whois on their domain, contact their host (if not available, investigate their Name Server location), make a formal cease and desist. If they do not remove the content then, then you are well within your rights to take further action. It is at this point that the host can execute their right to take down the website until all issues are resolved.

    ...but in all honesty, I wouldnt worry too much about it. Content is content, it probably happens more than you are aware of. I know for a fact that if I ever started chasing up everyone who stole my content, I would never get any work done on what matters. Instead, focus on the things that you need to focus on.
     
    redthehat, Jul 30, 2010 IP
  18. dscurlock

    dscurlock Prominent Member

    Messages:
    4,564
    Likes Received:
    260
    Best Answers:
    0
    Trophy Points:
    300
    #18
    I would just laugh at you...can you imagine the complaints that DCMA receive, its probably ungodly, and I would bet
    they do not read 99% of the complaints or just ignore most of them, as proof being a big factor, and he said, she said, or who-ever said...

    Once you put it on online, then you just make it a public...if you did not want anyone to take it, then do not put it online...

    people steal stuff via the internet daily, every time a auto blog goes to a site, they steal content....

    how many of them do you see get taken down, or sued?
     
    dscurlock, Jul 31, 2010 IP
  19. dcristo

    dcristo Illustrious Member

    Messages:
    19,776
    Likes Received:
    1,199
    Best Answers:
    7
    Trophy Points:
    470
    Articles:
    7
    #19
    If its an established site ask for a link back or request them to take it down.
     
    dcristo, Jul 31, 2010 IP
  20. atreides

    atreides Peon

    Messages:
    279
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    0
    #20

    Don't laugh at her mate. It's what you're supposed to do, and even if it takes a little while, it will be eventually addressed. I for one, if ever in the same boat, will fight tooth and nail to protect my content.

    Now, to the original OP, I stumbled across this two article which is actually quite good and would help you to proceed in an orderly manner.

    http://lorelle.wordpress.com/2006/04/10/what-do-you-do-when-someone-steals-your-content/

    http://www.devtopics.com/how-to-file-a-dmca-complaint/


    Cheers
     
    atreides, Jul 31, 2010 IP