I emailed layeredtech.com about one of their clients ripping my site design, I provided them with solid proof/evidence, but they replied with this: I don't understand what they are saying though, could anyone help? thanks
They wont consider your informal complaint. Put it in the correct legal format and they will consider it. That is all they are saying.
I suggest banning layeredtech from your servers to stop additional theft. This is not the first instance of content theft I've heard from them, and on my site i've had bot after bot from them trying to log into various accounts and trying to dig in all sorts of places that should not be dug. I suspect additional complaints will also go ignored...unless you are willing to throw an actual legal team at them.
Well, I have a sample letter that says exactly what you need, but I am afraid to post either the letter or a link here because I do not want to get banned. I run a legal education website. It's pretty simple actually. But LayeredTech is right--they don't have to do squat until you put your letter in the right format. If you pm me I'll send you the link to the form.
Says who? It's one thing for a court of law to demand a certain format, but it's another for a private party to say they don't have to listen because you didn't do this or that to their liking. Did you or didn't you get the notice? They did, because they responded. While the format may have been informal, I'm sure a court would say that the action constitutes notification of infringement, because the offending party told them. I mean heck, if some scribbles on a cocktail napkin can hold up in a court of law as a legal contract, I'm pretty sure this could.
but what webmaster is going to bother? Them making you jump through hoops is not illegal on their part, and likely makes their job easier.
Before you jump on them for copyright infringement, have you actually officially copyrighted the content they've stolen? I don't mean putting the symbol on the bottom of your pages, but actually paid to register your content's copyrights officially? Otherwise, you haven't a leg to stand on.
You don't need to register a copyright - it's automatic upon creation. In the US, you can't collect statutory damages if it wasn't registered.
Materials are copyrighted once they are put into use. Of course, in this case, it might lack some proof.
They are trying to overwhlm you with legal mambo jambo. Read carefully and its not too difficult to dechiper.
Also, crazyryan is like me in the UK and therefore surely UK copyright law applies. Thus as soon as the material left the mind of the induvidual and entered a physical form, such as a computer doccument, it was under the effect of copyright. Also, LayeredTech, have quoted US copyright laws, well as the work was presumably copyrighted either in the UK or by a UK citizen, it is thus under the juristiction of UK copyright, and I do not know whether they can thus come back with US laws... Here is what Wikipedia has to say I hope your able to sort it out!
The law is quite clear on what you have to do and how you have to do it. If you don't follow the guidelines then there is no legal obligation for them to do anything about your complaint. It's a simple process, just google DMCA template and you'll find plenty of fill in the blank forms that you can use.
Does that law even apply in this instance? Because the copyright is a UK copyright and that is quoted as a US law, so whilst that company may be in the US, they have violated the copyright of the crown... I honestly don't actually know and I am just putting forward a point, which someone more experienced might be able to answer.
Well, it is still copyright infringement either way. I'm assuming that LayeredTech.com is hosted/a host in the US so that is why they are requesting a DMCA take-down request. It doesn't matter that the copyright holder is living in the UK, since the server of the infringer is in the US they need to abide by US law.
If you look past the "mumbo jumbo" you can write a pretty forward complaint letter. Here's something you might write: Dear Ms. Jones: I own all rights to the article titled “My Article†located on Layered Tech's technical Web site located at http://layeredtech.com/myarticle and published as "Joe's Article". Layered Tech is located at 123 Main Street, Anytown, USA. My rights are being infringed upon because I did not give permission for this article to be published and I am not being credited as the proper author. If you need any additional information or have questions regarding this matter, please do not hesitate to contact me at . The statements I have made above are true and accurate and I verify that I am the copyright holder with the right to take action on my own behalf. Thank you for taking the time to review this matter. I appreciate any guidance you are able to give me or action you are able to take in order to remedy this violation of my copyright. Yours truly, John Q. Smith Do this in Word and have a .jpg of your scanned signature at the close of the letter. If you do it in this format, and include a copy of your actual signature, you will have covered all of the points in the letter. (i) Physical signature - you meet this requirement by including your signature in the letter. (ii) Identification of copyrighted work - this is where you state that you are the owner of "My Article." (iii) Identification of the infringing material - this is where you state that the copyright violator is using your work with the title of "Joe's article." (iv) Contact information for infringer - this is where you state "located at 123 Main Street, Anytown USA." (v) Statement in good faith that use of material is not authorized by copyright owner - this is where you state "My rights are being infringed upon because I did not give permission for this article to be published and I am not being credited as the proper author." (vi) Statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on behalf of the copyright holder - this is where you state "The statements I have made above are true and accurate and I verify that I am the copyright holder with the right to take action on my own behalf." Those few paragraphs cover all of the requested info. Make sure you keep track of when you sent the e-mail so you can follow up appropriately.