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How do I take down a plagiarized and defamatory website?

Discussion in 'Legal Issues' started by Foxtrot_, Aug 24, 2014.

  1. #1
    This is a pretty messed up situation. My dad is a doctor and he runs a clinic, providing stem cell treatment to cancer patients however due to the controversy of stem cell therapy, there are bound to be some naysayers. We are used to it but there is an issue which has been bothering me for the past 2 years which I've already tried all sorts of channels to no avail so I will like to seek advice and hopefully help over here.

    The 4 URLs I have listed below are the malicious defamatory content:

    http://stemscellscammers.wordpress.com/2012/05/16/adistem-doctor-indicted-in-stem-cell-scam-dr-richard-dandrea-suspected/
    SEMrush
    http://stemscellscammers.wordpress.com/2012/06/16/justice-catches-up-with-dr-richard-dandrea-stem-cell-scam/

    http://bunepansano511.page.tl/Richard-De-Andrea-Charged-of-Misconduct-in-Stem-Cells-Scam.htm

    http://stemcellfraudexposed.blogspot.sg/2012/05/doctor-indicted-in-alleged-stem-cell.html

    These are all clearly written by the same anonymous person.

    The original version of this story is based on this 60 minute episode about Dr Frank Morales who was convicted and jailed for fraud.
    http://www.cbsnews.com/news/21st-century-snake-oil-16-04-2010/

    This is the actual content of the article.
    http://sctmonitor.blogspot.sg/2012/01/dr-frank-gets-cell-therapy.html

    As you can see, the names of the offenders in the original "blog" above were replaced with my dad and his friend.

    The changing of the names and the false statements were clearly criminally intentional and meant to cause malicious damage to the names of my dad and his friend.

    As a result of this, we have lost quite a lot of big clients because usually people who decide to pay for our treatment will google my dad's name and all those false articles will appear on the top of the first page of Google search result and they will assume he is a fraud when obviously, those articles were plagiarized from CBS News.

    We have gone through all kinds of legal channels. We have reported this issue to Google, Wordpress, BlogSpot but those websites were still not taken down and we didn't get any response from them. We even filed a police report but there is nothing much the police can do since those websites are host in America.

    We even tried to hire hackers to shut those sites down but they quote us $40,000 which is frankly ridiculous.

    I have spoken to my lawyer and he said this is expensive and hard to prove anything since the blogger is anonymous.

    I'm already at my wit's end so I will like to implore to anyone here who can help me out on this.

    If anyone here know how to take down those plagiarized, malicious and defamatory websites, please let me know.

    Thank you for taking your time out to read this.
     
    Foxtrot_, Aug 24, 2014 IP
    SEMrush
  2. christian B

    christian B Greenhorn

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    #2
    Hello,

    you can't put it down

    Well, actually, you could, but it would be very useless.

    I explain: you kill the site (with legal or illegal ways, don't care). What happens next ? Another site pops up and you are f...cked. That's all. It's very easy to make that sort of site (and, for them, it's free). And they can make it on blogger or another platform.

    But there is one solution: make their task VERY difficult with Online reputation management (ORM). You hire people who make X sites, blogs, facebook/twitter/... profiles about your father and his friend. And they fill the pages 1 and 2 of Google (or more).

    Result ? When someone searchs the name of your father or his friend, he doesn't find that ugly blog, he finds great articles, social profiles, ...

    The blog is still here, but no one will see it.
     
    christian B, Aug 24, 2014 IP
    jrbiz and sarahk like this.
  3. mikron

    mikron Greenhorn

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    #3
    You can solve the problem with $50- -$100 and some manual work on your part. Just create a bunch of article posts on free web 2.0 sites such as weebly, blogspot, wordpress and others. Purchase small senuke campaigns on fiverr and blast links to your article posts.

    This might take quite awhile to accomplish. But if you don't want to spend all the work setting up websites you can outsource that work to someone on fiverr or on here for a couple hundred dollars.

    Now this will stop the problem temporarily. If the person has some sort of vendetta against your father then he can just post up a few more articles and you would do this all over again.

    But if you really want to solve this problem you can find someone who specializes in ORM. Go with an individual not a company. I am from the US and I don't know of anyone who does ORM outside of the US so you would have to do some research if you want to go this route. Depending on the severity of the situation you are looking for somewhere between $2,500 - $15,000 a one time fee. Or $500 - $1,500 monthly fee. Judging from what I see it doesn't seem that severe so it would be more in the lower end of the spectrum.

    But again you would have to do your own research.
     
    mikron, Aug 25, 2014 IP
  4. browntwn

    browntwn Illustrious Member

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    #4
    Find a better lawyer.
     
    browntwn, Aug 27, 2014 IP
  5. dscurlock

    dscurlock Prominent Member

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    #5
    To be honest, I know nothing about stem research, and I think it would be a safe bet that most common
    folk do not know that much about it either. My best guess is the articles were written by someone fairly close.
    So was this Dr Frank Morales convicted and jailed for fraud? When someone is convicted of something, then
    it is quite common to see a lot of negative info, or trash talk about that person....
     
    dscurlock, Sep 22, 2014 IP
  6. ЄxDeus™

    ЄxDeus™ Well-Known Member

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    #6
    You didn’t report it the right way or else the content would be removed :) fire your lawyer for a start. IF you’re willing to pay for advice send me a PM and your email I can help you as for price it wouldn’t even be that much seems very straight forward to me.
     
    ЄxDeus™, Sep 23, 2014 IP
  7. iowadawg

    iowadawg Prominent Member

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    #7
    There are plenty of great lawyers out there.
    That is who you should be talking to.
    Not on a forum where you will get bad, real bad, stupid bad, and maybe some good advice.
     
    iowadawg, Sep 23, 2014 IP
  8. Law-Dude

    Law-Dude Active Member

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    #8
    The answer is simple. Your lawyer can inform the owner of sctmonitor.blogspot.sg about the articles which are infringing his copyright and ask if he authorizes your lawyer to act as his representative for the purpose of sending takedown notices. Reputable American companies such as Google comply with the DMCA safe harbor procedure and will remove the content.

    If you or your lawyer cannot get this permission from the owner of the original article, your lawyer can also initiate a lawsuit against the publisher or publishers of the defamatory information as "John Does." The pleading can be amended to their real names after the discovery process when you subpoena Google (which I believe owns Blogger) for their identity/identities. Once the court issues an order ruling that the material is defamatory and illegal and ought to be removed, send a copy to Google and they will usually voluntarily remove it from Blogger and their search results even though s. 230 of the Communications Decency Act does not require it--they're nice like that.

    Of course, I am just a stranger on the Internet and nothing in this post constitutes legal advice which you should act upon. I do encourage you to bring these ideas up with your lawyer, though.
     
    Law-Dude, Sep 25, 2014 IP
    Agent000 likes this.
  9. Intcas

    Intcas Peon

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    #9
    I understand defamation is a crime. And it should be prosecuted by law. In reality there's not much people can do about it.
    However there are some other websites which are totally different. Whistle blower websites. For example, INTCAS Exposer is a website to raise awareness and warn people about INTCAS and its CEO alleged rapist Zakaria Mahmood.
    You can see on this video how sexual assault victims have come forward to expose this immigration fraud gang.
    Another example is Julian Assange. Is Wikileaks a defamatory website or a whistle blower? These people should be protected under freedom of speech laws. Appreciate your comments.
     
    Intcas, Jul 30, 2019 IP