I develop and distribute a proxy script which is released for free. The terms on the download page clearly state that users must not remove my copyright / "powered by X" link. I've seen a number of sites that are running my script and have removed the link. What is the best way to deal with this? I saw on wikipedia there is a DMCA template - should I just send them out to offending sites? Obviously I'm not going to bother taking the matter any further but I feel if I just say "please put my copyright link back on", it'll be ignored so I'm looking for the proper way to do this. Thanks!
Are you offering it under Open Source terms? like GNU or other Open Source licenses? If you are are not you can always encrypt the script so no one can be able to change the core code which would include your footer link or copyright... Users would be only able to change the template and add plugins if they needed to via an API...
You could also send the letter to the hosting providers explaining that your rights are being infringed. When you give the right to use for free provided they keep the link in place that is your terms for use of your copyrighted material. If they are not keeping the link then they are violating your agreement and thereby using your copyrighted material without your permission. One thing I would do is add to your download page something that makes it clear that if the link is removed that goes beyond the rights provided and would make null and void any permission granted, thereby making such use an infringement of applicable copyright laws. Good luck. -Gene
@guruhowto, thanks but I'm not looking for technical methods of forcing compliance within the script. Most users are reasonable and I don't want to inconvenience everyone because of those few who are abusing it. @ipwatchdog, thanks for your help. The current download page says: Would you say that is sufficient? And regarding the actual letter/email, should that be something like the stock DMCA template or do I just ask/tell them in my own words?
Rod- Looks good. I would just add this after the second sentence in the second paragraph: "In the event that the "Powered by glype proxy" link is removed you will be exceeding the rights provided, thereby making null and void any permission granted and making such use an infringement of applicable copyright laws." Can you post a link to the DMCA template you have. Let me take a look at it. -Gene
On closer inspection it doesn't seem to be up to much but I had in mind this little snippet from the DMCA article on wikipedia: link. Possibly these from PlagiarismToday would be more suitable? I've included your addition to my terms now. Thanks very much for your help Gene - I could spend hours searching and still wouldn't be confident in anything I found so it is much appreciated!
I'd say that you contact the site and tell them to put the link back, you'll get a better response if you ask politely and explain to them that the link allows it to be free. If you take the legal route first, it could be an unnecessary stress and upwards battle. Plus most people will respond better to polite requests then legal threats. Also be sure that it's your script, it may be a script copying your script or the person may have got the script from somewhere else - where it was nulled (means the script is somtimes cleared of all traces of linkbacks or security checks).
use the encrypted link so that they could not remove it... place in the config file and encrypt it.... hope it helps...
Encrypt It i guess. Or somehow make the section template on which the copyright link is, as an embeded part of your own site which they cannot edit and if they try and edit the whole section then link it to the functioning of the actual proxy script. So if they try and rip you off...The script doesnt work, As im sure you can tell I have no experience whatsoever with php/web coding. P.s. I've personally used glype in the past And I Loooooooooooove it. Its just so fast and it works, and config is as easy as pie. And would definately reccomend this to anyone wanting to start their own proxy site , and am just waiting for some 3rd party fellas to make some good templates for it
Rod- I couldn't open the plagarism today link, but the template from wikipedia looks good. If you have any other questions just let me know. Good luck. -Gene