someone copied my content, what should I do?

Discussion in 'Legal Issues' started by rohit_tripathi60, Jun 21, 2009.

  1. #1
    http://xilinksits.com/ this website copied content from my website http://www.otssolutions.com and that too dumbly and they have even used our name at places. what should i do?

    This is a Notice of Infringement as authorized in § 512(c) of the U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA).

    content on your website's home page is an unauthorized reproduction of copyrighted material originally found at: http://www.otssolutions.com

    Please remove it immediately or we will file an official complaint with the U.S. Copyright Office, FeedBurner and Google, Inc. Google’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers.

    Thank you,

    Should i send this notice to company email Id first?
     
    rohit_tripathi60, Jun 21, 2009 IP
  2. Kevin T Perry

    Kevin T Perry Peon

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    #2
    Do that, then I would look up their whois info and send a message to their hosting provider.

    I had this happen to me before. Someone was marketing a clickbank product with my website content. I contacted clickbank and they contacted the site owner.

    I hope everything works out for you.

    Kevin
     
    Kevin T Perry, Jun 21, 2009 IP
  3. iskandar

    iskandar Well-Known Member

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  4. cowsgonemadd3

    cowsgonemadd3 Well-Known Member

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    #4
    Yes, send them a email telling them to remove it first.
     
    cowsgonemadd3, Jun 22, 2009 IP
  5. Mischa C

    Mischa C Peon

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    #5
    The first thing you should do is seek legal advice. Write the company an email and print out what you send for evidence, and print out anything you receive from them. They have committed an infringement of your trademark.
     
    Mischa C, Jun 22, 2009 IP
  6. theapparatus

    theapparatus Peon

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    #6
    xilinksits.com is registered with godaddy. Feel free to send them a complaint as well as they're "known" for canceling domains for stuff like this. It's a question if they actually will or not but fell free to send them a complaint.

    edit: Hosted with godaddy as well.
     
    theapparatus, Jun 22, 2009 IP
  7. RectangleMan

    RectangleMan Notable Member

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    #7
    xilinksits.com

    That site has a virus do not visit.
     
    RectangleMan, Jun 23, 2009 IP
  8. cevirisozluk

    cevirisozluk Active Member

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    #8
    first, try to settle the issue by PEACE,
    if this does not work; WARN them to remove the content,
    if none of the above works; declare WAR.
     
    cevirisozluk, Jun 26, 2009 IP
  9. fathom

    fathom Well-Known Member

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    #9
    Honestly, I would register your website copy with copyright.gov first... wait the four months to get your certificate and then you have "options" like securing lost revenue from them and statutory damages.

    While you may not wish to go that route - you have a variety of options for the $35 fee, hard copy printout and dvd you waste to send to copyright.gov
     
    fathom, Jun 27, 2009 IP
  10. theapparatus

    theapparatus Peon

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    #10
    If you want to wait the four months. I'd rather have the material removed. Most webhosts will do that if presented with the legal notice and if it's legit. (I do.)
     
    theapparatus, Jun 27, 2009 IP
  11. Grit.

    Grit. Well-Known Member

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    #11
    Well like you've stated, you've got your site name in there, so really i'd just ask them nicely to remove it... this way you'll avoid a stressful situation. if that fails, then you've got a really strong case, in which a DMCA will do the trick. It looks like you've done your homework.

    Good luck
     
    Grit., Jun 27, 2009 IP
  12. ThatThing

    ThatThing Well-Known Member

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    #12
    I visited both sites and they didn't look even similar.. xilinksits even looked cooler ;)
    And yeah as RectangleMan already said there is virus. My Avast antivirus started to scream like crazy
     
    ThatThing, Jun 27, 2009 IP
  13. thomytom

    thomytom Banned

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    #13
    never go into deep discussions with the site owner and look for a solution, 1st send them 1 warnining email, be friendly and specify clearly that if they will not remove/change the content of their site within 24 hours, you will fill an complaint at Internet Crime Complaint Center that is connected directly with FBI and Interpol. Make sure before you do all this, to make copies of the content (screenshots ect.), collect their contact informations like location, IP, WHOIS, Hosting provider...everything you can find. Go back after 24 hours and check their site, if the content is still there go ahead and fill the complaint and let them face the reality. Report them also to the hosting and domain name providers with proves...they will shut them down instantly. Then write 1 nice letter and send out to all major hositng providers and domain registars to ban them forever...i did this before and it worked for me.

    ...this are my 2 cents
     
    thomytom, Jun 27, 2009 IP
  14. theapparatus

    theapparatus Peon

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    #14
    Making a criminal complaint for a civil matter? That'll get you far.

    Do you see any mention of copyright on their about page?

    http://www.ic3.gov/about/default.aspx

    If contacting the site directly doesn't work, follow up with the host and the datacenter.

    If neither one of those work, start talking with an attorney. Most hosts and datacenters won't want to go that step so they'll usually deal with the issue.

    *sigh* Contact the FBI....
     
    theapparatus, Jun 28, 2009 IP
  15. fathom

    fathom Well-Known Member

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    #15
    1. Point on principle - no legal notice is legit if it isn't based on the law.

    2. Point on principle - most webhosts don't have a clue about legal matters.

    3. Point on principle - If a webhost removes anything - while they are not protected under title II of DMCA (if they never filed a designated agent with copyright.gov reference: http://www.copyright.gov/onlinesp/list/index.html) they are in fact circumventing the law and 'they' & 'you' can be sued for coercion.
    Admittedly most people don't have a clue about digital rights so "yes" you can bluff you way and that can get the job done... but someday this will occur: Someone counterclaims and you are then in a world of hurt because you did approach this legitimately.
     
    fathom, Jun 28, 2009 IP
  16. TheFounding

    TheFounding Banned

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    #16
    Definitely attempt to talk to them before taking precise legal action. Lots of money could be saved in that case.
     
    TheFounding, Jun 28, 2009 IP
  17. venusshoe

    venusshoe Peon

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    #17
    This happened to me recently. A shoe website copied my Ezine article on spring 2009 shoe fashion trends. While flattered initially, it caused problems later. And of course there's the content duplication problem which Google will rank lower for.

    This is what the Ezine rep told me to do:

    "If you believe this website is posting your content without crediting you, I would suggest that you contact the owner/webmaster of the site and ask them to fix the oversight.

    This will normally accomplish the end result you are looking for as most webmasters just need to be informed.

    If after you contact them and no action has been taken within 48 hours, contact the site's ISP/Host and ask them to enforce their AUP (Acceptable Use Policy). This information can usually be found by doing a WHOIS lookup on the domain name.

    For both Blogger and Blogspot you would want to visit here:

    http://www.google.com/blogger_dmca.html"
     
    venusshoe, Jun 29, 2009 IP
  18. fathom

    fathom Well-Known Member

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    #18
    "Why was the article copied?" "What was their motive?"

    The answer is: "to generate commercial gains without any commercial costs".

    That doesn't sound "nice" to me.

    The thing about the "nice approach"... it wastes your time that you would normally spend elsewhere... doesn't that cost you something?

    ...and it doesn't stop the thief from "thinking about doing it again".
     
    fathom, Jun 29, 2009 IP
  19. jamuna

    jamuna Active Member

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    #19
    this is the nice advice
     
    jamuna, Jun 29, 2009 IP
  20. Curt7788

    Curt7788 Member

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    #20
    If Godaddy is both his registrar and hosting provider, he obviously doesn't have a lot of experience. Experienced marketers do not use their registrar as their host, especially if they are even slightly involved in black hat stuff. One complaint can get their domain locked up tight. Contacting Godaddy is all you should need to do.
     
    Curt7788, Jul 5, 2009 IP