Hi, I have recently found out that some lowlife is illegally selling my software namely my microjobs script found here http://www.phpvalley.com/jobscript Most dp members know it as my script, i have a thread with over 100 replies here I have also successfully copyrighted the software with the UK Copyright Service Registration Services. The lowlife is also a dpmember known as sakthig his site is called scriptsdump.com. I have emailed him twice and he is just ignoring my emails, I have notified paypal and his host (Softlayer Technologies) but i havent heard back from paypal as yet and recieved an email from his host pointing me to this: How to Report A Claim of Infringement: If you believe a Softlayer client has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to SoftLayer and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. Section 512(c)(3); if you do not understand the language please seek independent advice) * A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed. * Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site. * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SoftLayer to locate the material. * Information reasonably sufficient to permit SoftLayer to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted. * A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. * A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. Im not well versed on legal issues, i have never needed to before and dont really understand the jargon, what i need to know is how do i get the hosting company to respond and make him remove the software from his site or close his site down he's also selling it for $10 less than i sell it for the cheeky c*nt If anyone with any real legal knowledge on these issues can help me on this i will be most grateful. Thanks in advance Mal
What you would first be best doing is sending Softlayer a DMCA notice (http://www.softlayer.com/legal/copyright-infringment-dmca/). You can use this site to help you fill one out - http://www.dmcagenerator.com/ After that, if he keeps doing it then legal action via the courts would be next but I highly doubt the money involved would be worth doing so.
The Softlayer response isn't jargon if you just read it carefully. They've made it quite clear what they require for you, and it will be the same response to the DMCA. They need proof from you that you are the copyright owner and/or legally entitled to act on their behalf. They aren't just going to act on the basis of your email as they need better proof than your "word". What they are asking for isn't them denying your right to copyright but them being responsible in ensuring you aren't some crank and that if you are, and they act on it, you'll be one who is legally responsible if it all goes pear-shaped. Just do what they say, and if you really don't understand it then speak to your solicitor. Sending the DMCA isn't going to get you any further forward.
UK Copyright Service Registration Services is simply a commercial company rather than anything formal. As has been said, the request you have received is very straight forward and a reasonable request.
DMCA Notice is your best bet. Also try contacting their host, I know you mentioned their Terms of Service, however you should make an attempt to contact them. They probably have received many complaints from other people if he is selling other people's software as well.
Thanks to snat for the dmca generator link, my script has now magically dissapeared from his site after i sent a takedown notice to softlayer. and thanks for all the advice i received. Regards Mal