Entire site stolen

Discussion in 'Legal Issues' started by buteverde, Feb 15, 2005.

  1. #1
    What a Schock!

    I discovered today, 15 Feb, that someone has stolen our site!

    Finding it was accidental. An invalid click on a link for NutriSystem, who moved from CJ to LinkShare. I had changed all those link codes for NutriSystem, but the theft was made prior to the switch by the marketer. CJ alerts when there's an "invalid click". The thief had not changed the code.

    In fact, it was stolen sometime between 14 Aug, when I posted Marjorie's Frozen Foods article and 21 Oct when – get this– www.foodall.info was registered to the perpetrator.

    Marjorie's and my site is http://www.ingestandimbibe.com and the thief has copied all and re-registered under the name www.foodall.info.

    I probably have no serious recourse, especially since (if the registration information is at all valid) the person is in China. But I've learned so much from others at this forum, I would appreciate any feedback or advice.

    Here's data from WhoIs:
    Domain ID: D7791468-LRMS
    Domain Name:FOODALL.INFO
    Created On:21-Oct-2004 16:42:06 UTC
    Last Updated On:26-Nov-2004 18:57:03 UTC
    Expiration Date:21-Oct-2005 16:42:06 UTC
    Sponsoring Registrar:R183-LRMS
    Status:ACTIVE
    Status:OK
    Registrant ID:C7098999-LRMS
    Registrant Name: pyxhl
    Registrant Organization: pyxhl
    Registrant Street1:No.11 of Heng 2 Xiang, Lane 2
    Registrant City:Guangzhou
    Registrant State/Province:Guangdong
    Registrant Postal Code:511400
    Registrant Country:CN
    Registrant Phone:+1.0000000000
    Registrant FAX:+1.0000000000
    Registrant Email:xhlofzxhl@hotpop.com

    Admin, etc are the same.

    Tried Google for the registrar. Plug in: R183-LRMS and you get Tierra Net, Inc. and a DBA = DomainDiscover.com
    http://www.domaindiscover.com/
    https://www.tierra.net/index?_sid=FqLz8dpZWmFYCWWZCuA2zyx5ET
    Delete all but: https://www.tierra.net and you get:
    https://www.tierra.net/index?_sid=dLLOhLtAeWcFrIurXW0INoB00n

    Can I get this person (pyxhl) SHUT DOWN? Should I write to the registrar with a request or (as I feel) with a Demand that he cancel and blackball and . . . what the hell can I do?

    The person has created an account with Affiliate Window Ltd, and I have written to Kevin Brown of that company. So far I have found three accounts in addition to Domino's: Natures Own, Bag of Sweets, Hotel Chocolat. Should I write to those merchants as well as the Affiiliate Window Ltd?

    RE affiliations:
    Here's partial data from View source:
    <!--START MERCHANT:merchant name Dominos Pizza from affiliatewindow.com.-->
    http: // www.awin1.com/awclick.php?mid=294&linkid=5684&id=46237

    Best to you . . . John Boyd
     
    buteverde, Feb 15, 2005 IP
  2. Solicitors Mortgages

    Solicitors Mortgages Well-Known Member

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    #2
    i just got this...dont know if it helps

    Host Name: server6.digimaxhosting.com
     
    Solicitors Mortgages, Feb 15, 2005 IP
  3. buteverde

    buteverde Guest

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    #3
    Thanks Solicitors . . . great Desserts site

    I wasn't sure what to do with what you sent, but I found this:
    http://www.whois.sc/66.199.252.162

    Does that mean he's hosted on EZZI.NET?

    I got this from WhoIs:
    Name Server:NS1.OBCHODONLINE.CZ
    Name Server:NS2.OBCHODONLINE.CZ

    I googled OBCHODONLINE and got http://www.webhosting.info. I thought that meant he was hosted there.

    Also got the registrar, Tierra Net, Inc., on the phone. They say they need a court order to shut him down, but that they could if I got one.

    Is anyone here a lawyer?
     
    buteverde, Feb 15, 2005 IP
  4. Solicitors Mortgages

    Solicitors Mortgages Well-Known Member

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    #4
    i would start by emailing this company,,,and ask if they host the site...unless you know otherwise. digimaxhosting.com

    you could put your domain name under your copyright notice, and also tweak your banner, with a copyright in the bottom right corner.
    flip an email to google about theft/duplicate content, so they wont index the site.

    is the whole site copied?..keywords/metas and all??. i didnt look at the source....
     
    Solicitors Mortgages, Feb 15, 2005 IP
  5. buteverde

    buteverde Guest

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    #5
    Did you see this from the previous post?
    http://www.whois.sc/66.199.252.162

    There's reference to both server6.digimaxhosting.com which you found and to Ezzi.net which makes me wonder who is the host service.

    Also I got this help after query at my own service, Host Nexus, about info from whois:
    Name Server:NS1.OBCHODONLINE.CZ
    Name Server:NS2.OBCHODONLINE.CZ

    "are nameservers for a webhosting company called ObchodOnLine located in The Czech Republic. This is his webhost. They, the webhost, use EZZI.NET (USA) as their datacenter/ISP/Host. Like Hostnexus is australian, but uses a datacenter in New Jersey USA. Ezzi.net is located in USA."

    I like your thoughts about the copyright with the masthead and also the site name associated with the copyright text at the bottom left of the Index page.

    Still seems like I need to get a court order and get him turned off at the registrar so that he doesn't just switch hosting services.

    I read that I can get him cut off at Google. Any thoughts on how this is done?
     
    buteverde, Feb 15, 2005 IP
  6. david_sakh

    david_sakh Peon

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    #6
    you can report him to G via email. You can also contact his WH company and see if they will shut him down via their TOS.
     
    david_sakh, Feb 15, 2005 IP
  7. clasione

    clasione Notable Member

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    #7

    Yes - I'd go for the host....

    They really should shut it down.....

    Most likely will get a faster responce......
    Google seems to send generic emails to almost everthing these days.
     
    clasione, Feb 16, 2005 IP
  8. melfan

    melfan Peon

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    #8
    It would be a long process before google acts on these matters. I prefer contacting the host. you have a bigger chance on it.
     
    melfan, Feb 16, 2005 IP
  9. keats

    keats Peon

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    #9
    it could be happen with others....? and how one can safe his site...?
     
    keats, Feb 16, 2005 IP
  10. david_sakh

    david_sakh Peon

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    #10
    you can't make safe your site really, aside from registering copyrights....but intl copyright laws don't always apply anyway :rolleyes:
     
    david_sakh, Feb 16, 2005 IP
  11. keats

    keats Peon

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    #11
    and what do the big publisher like google and yahoo.....?etc.
     
    keats, Feb 16, 2005 IP
  12. david_sakh

    david_sakh Peon

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    #12
    they can choose to ban websites from SERPS, but it's not like there's anyone FORCING them to.
     
    david_sakh, Feb 16, 2005 IP
  13. buteverde

    buteverde Guest

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    #13
    Thanks so much for your help and support to an old newbie like myself. I have such respect for the coding knowledge and experience you folks have achieved! It means a great deal, as we had (have) great dreams of pursuing a place on the web in our coming older years. All the stuff about "parasites" and now this wholesale theft has devasted my lady who's working so hard to get the mortgage together.

    Question: Should I perhaps send the same email to all possiblilities for the hosting? Ezzi.net has surfaced as probably the "server". This from someone at my hosting service and from Solicitors, here at DP, "digimaxhosting.com" came up in the "reverse lookup" that he made for me. (Is that what it was called? Very interesting!)

    I've had some bullsh*t feedback from CEO, Kevin Brown, of Affiliate Windows Ltd, in England, that he "would be unable to get involved". Ha! The thief has setup an account with them and placed banners for four merchants inbetween my texts for my merchants without even trying to make sense. If you compare the "links" pages on the real and the bogus URLs, you see that on foodall.info you can get great kitchen utensils from Domino's Pizza.

    Time is a problem. I'm doing the Annual Report now, today, these weeks, for a major client of 30 yrs. Damn hard to pursue everything at once.

    More to come and god bless for your help.
     
    buteverde, Feb 17, 2005 IP
  14. hulkster

    hulkster Peon

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    #14
    I have a Scumbag Hall of Fame which includes an experience I had with someone scraping my entire site ...
     
    hulkster, Feb 20, 2005 IP
  15. Solicitors Mortgages

    Solicitors Mortgages Well-Known Member

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    #15
    nice to see you rank no1 on google for his name..his parents must be so proud ! :D
     
    Solicitors Mortgages, Feb 20, 2005 IP
  16. buteverde

    buteverde Guest

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    #16
    Ah, alek, that "personal web site" of yours is really fun! Great family stuff!

    Folks like you and Dynamoo and others are helping to restore Marjorie's and my feeling of community, thanks.
     
    buteverde, Feb 20, 2005 IP
  17. Mia

    Mia R.I.P. STEVE JOBS

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    #17
    Registering a copyright really does not mean squat unless you actually try to enforce it. To enforce it means a copyright attorney and a large retainer.

    Many times it is not worth it. If you've got the money to waste to make another attorney rich, go for it. If not, try sending the company doing it a letter. Sometimes the threat of enforcing a copyright is all it takes.

    Oh, and by the way. You do not need a "copyright" per say. If you can prove that your site is "published" and was prior to this one, that is all it takes to claim ownership of a published work.
     
    Mia, Feb 20, 2005 IP
  18. maverick

    maverick Peon

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    #18
    You should contact the WH company ASAP, get 'em shut it down...
     
    maverick, Feb 20, 2005 IP
  19. Mia

    Mia R.I.P. STEVE JOBS

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    #19
    As a owner of a hosting company I can tell you that will not be easy. I would still contact the site owner first with a formal letter. Send it certified and make it look official. As for the hosting company, they are not going to be quick to kill a paying customer. It's revenue. They will need a court order that enforces the DMCA. The hosting company has its own legal concerns to be worried about. They could be sued by their customer if they shut them down without a legal precident, unless of course there is something in their TOS that applies. While use of copyrighted matterial is generally forbiden in just about every hosting TOS, proof is needed in the form of a court order.

    If you intend to talk to the hosting company first search for their copy of Agent to Receive Notification of Claimed Infringement with 37 CFR, Part 201. Then read through their TOS. Send an email or letter to the Agent to Recieve Notification of Claimed Infringment noting your complaint, a copy of the material you believe to be duplicated as well as the site and location/URL of the violation.

    You can download a copy of H.R. 2281, the conference report on the Digital Millennium Copyright Act of 1998, in PDF format from our web site. Read up on it first as it will help in crafting your letter/response to the hosting company. I would also suggest a visit to the Us Library of Congress Copyright office as well.
     
    Mia, Feb 20, 2005 IP
  20. exam

    exam Peon

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    #20
    Have you been able to make any progress? It looks like foodall.info's Name servers are no longer responding per dnsstuff.com
     
    exam, Feb 21, 2005 IP