I'm having a problem with a web forum stealing work of mine and claiming its fair use. You can see the details at http://www.aspieweb.net/alex-plank-internet-scum/ Basically he claims he can copy and paste entire blog posts and call it fair use because his users comment on them? Thoughts?
Send DMCA notice to his host asap. When his host takes him down or warns him he'll get the picture. The host is not to defend their client. Their role is to simply comply with the notice and take down the material. As long as you follow proper DMCA procedures they should comply. Failure for them to comply can result in them being named in a suit and being liable along with the blogger. Just make sure your DMCA is proper and well worded.
The DMCA notice was delivered and in 2 hours he filed a DMCA counter notice and the access to it was re-enabled. I don't know what to do I'm over my head
I did file a proper DMCA notice... the host responded within 2 hours saying the person filed a counter notice and re-enabled access to the website. I don't know what to do next.
I'm just done developing websites. I'm not going to spend my time and doing hard work to get it stolen. Then as a response to my DMCA they start posting links of viruses in my blog comments along with porn.
Then it's time you get a lawyer and go after him. Smart guy to file a counter-notice. DMCA allows this but it's rare they do it.\ And can you ask the host for the counter-notice. Let them know you'll be using it for a legal claim against them.
You can usually get free advice and consultation. If you have a winning case where damages can be shown you can sue for fees too. He is in USA. You can go after his income and assets if you pursue this and win.
And there going to tell me to file a law suit against him... thats the advise and consultation I will get. I will then have to pay legal fees upfront and the hourly cost of the lawyer until I get reimbursed from the defendant and frankly I cannot afford that.
You're just guessing. They can give you a lot more advice than that. My bet is that you've never had a discussion with a real lawyer. A lot more to the law than lawsuits.
Oh you have! Maybe you should have said so when I recommended it. I kind of find that hard to believe now especially reading this thread again. Well good luck to you. Seems you've given up.