i need advice from you guys..i run a service business and have been running my site online for the last two years..suddenly a new guy came in copied the content of my site wholesale(like specific names used in my site) and used my exact adwords ad copy and everything.. this resulted in half of my income gone..i sent a dmca letter to the host and his site,the guy had the balls to send a counter dmca..now the webhost refuses to remove that site and is asking me to get a lawyer..is there any other way?
No he has sent a counter dmca knowing well that you may not want to spend for lawyers ,etc if he belongs to some third world country , you can do nothing.
The only thing I can suggest is posting on relative blogs about him ripping it to depreciate him unless you can get a lawyer.
You could collect some evidence like using waybackmachine to show your site was up longer. You can also look how old his domain is. Has he overtaken you in the serps or something? How are you losing half your income?
yes,i have shown the webhost proof that my site has been around longer,my domain also been around longer..they dont want to budge.
If you have proof and you really are losing 50% of your income from this I would recommend actually pursuing legal action. Unless this is something you can stand to lose (eg: not your main source of income) - you will need to put a stop to this individual's actions. Another good idea may be to go out and actually copyright your work before the other guy does. So when the web hosts fight, you can say "hey, I'm actually registered in the Copyright System - go look at the public records and see!". Then that person's counter DMCA will fall to yours, as you ahve actually proved ownership to the content. It may cost a little extra but in your case it may be worth it.
My two cents, Email Google about the rip-off site, with your proofs attached. Inform them that you've communicated with the other party and that he or she refuses to remove the contents you own. Afterwards, request to Google to ban the site's adsense account for blatant commission of copyright infringement. It might work, especially if you have proof to back your claims up.
Don't email Google. You need to file a DMCA infringement notification following Google's instructions exactly: http://www.google.com/dmca.html Note that the infringement complaint has to be signed and then either mailed or faxed to Google. You can also file a DMCA infringement notification with Adsense: http://www.google.com/adsense_dmca.html Again, follow the directions for writing the notification exactly, sign the form, and mail or fax it to Google.