Someone Copied An Entire Blogpost Word For Word

Discussion in 'Legal Issues' started by Zachary Lassiter, Aug 27, 2010.

  1. #1
    So I have a online forum that had a user copy an entire blog post word for word (over 400 words) and post it on their forum. I sent them a DMCA takedown notice and they removed it, then they sent a counter notice and re-enabled the offending post.

    What do I do?
     
    Zachary Lassiter, Aug 27, 2010 IP
  2. Law-Dude

    Law-Dude Active Member

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    #2
    Contact a lawyer specializing in IP law, and hopefully you can make the scumbag pay. :)
     
    Law-Dude, Aug 27, 2010 IP
  3. fireboat

    fireboat Active Member

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    #3
    Is it wrong? Most definitely. Do you have a right to be mad? Of course. Should you send them a letter to demand they remove it, and threaten to sue. Sure, if you want to.

    But, don't lose sight of the fact that it is simply one blog post. Probably not worth the cost and hassle of hiring a lawyer unless you think this particular blog post has a genuine value of thousands of dollars.

    Just my two cents. Good luck.
     
    fireboat, Aug 27, 2010 IP
  4. Zachary Lassiter

    Zachary Lassiter Active Member

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    #4
    I agree its not worth filing a law suit.... however this same individual did this same things on 3 prior occasions to myself and does it to several other bloggers as well.
     
    Zachary Lassiter, Aug 28, 2010 IP
  5. Law-Dude

    Law-Dude Active Member

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    #5
    If I recall correctly (and I could be wrong because I'm not American), each instance of copyright infringement in the U.S. is worth a minimum of $700, with the possibility of it going much higher. This is why getting enough knowledge to litigate a case pro se matters is worth it. Lawyers are expensive, but it can be worth it if you know how to do it yourself.
     
    Law-Dude, Aug 28, 2010 IP
  6. Aquarezz

    Aquarezz Notable Member

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    #6
    Try outranking them for the content or eventually contact them saying they can use the content for that one post if they add a link to the page on your website as source ;)
     
    Aquarezz, Aug 28, 2010 IP
  7. Business Attorney

    Business Attorney Active Member

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    #7
    Under US copyright law, the copyright owner may elect to recover, instead of actual damages and profits, an award of statutory damages of not less than $750 or more than $30,000 (up to $150,000 for willful infringement) as the court considers "just." So even if your actual monetary damages are nominal, as they probably would be for a 400-word blog post, you would recover at least $750 in the US, assuming that you can prove infringement.
     
    Business Attorney, Aug 28, 2010 IP
  8. sungazer

    sungazer Peon

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    #8
    you can report them for spam to google that seems the best option
    see google webmasters forum for spam
     
    sungazer, Aug 29, 2010 IP
  9. Zachary Lassiter

    Zachary Lassiter Active Member

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    #9
    I've contacted Adsense with a DMCA. The person also solicits donations from paypal so im thinking of contacting them as well.
     
    Zachary Lassiter, Aug 29, 2010 IP
  10. UnBooked

    UnBooked Peon

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    #10
    This type of thing happens everyday but that doesn't mean you don't have a right to be upset. You do, completely. However is it worth making a huge deal and threatening court? Probably not... Be aware that when you post on directories like articlebase, their TOS states people can take your articles and use them for their own sites. However, I know for your blog this is not the case so they illegally stole your article.
     
    UnBooked, Aug 30, 2010 IP