What to do about a copycat?

Discussion in 'Legal Issues' started by chodomade, Apr 3, 2007.

  1. #1
    what recourse do you have if you encounter a site that copied literally all the images and text word for word including layout but they have no contact information at all besides links to affilate programs.
     
    chodomade, Apr 3, 2007 IP
  2. Smyrl

    Smyrl Tomato Republic Staff

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    #2
    I would try to learn who hosted the site and contact the host about the infringement.

    I would ping to see if it is pingable, if so, I would find IP then use an IP whois.

    The Way Back Machine www.archive.org sometimes can be use to establish age of your site vs age of copy.
     
    Smyrl, Apr 3, 2007 IP
  3. sundaybrew

    sundaybrew Numerati

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    #3
    Contact there host with a long detailed and nice letter explaining that they ripped you off, and show your url as proof,

    Most hosts are willing to work with you in these situations, if you address them in a nice way :)
     
    sundaybrew, Apr 3, 2007 IP
  4. exponent

    exponent Peon

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    #4
    If they have adsense, I would click bomb them until they loose the adsense account.
     
    exponent, Apr 3, 2007 IP
  5. autorave

    autorave Peon

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    #5
    THis has happened to me before and I usually contact their host.. this works most effectively for me. You'll just need to prove that you're the owner of the domain.
     
    autorave, Apr 3, 2007 IP
  6. john269

    john269 Notable Member

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    #6
    This has happened to me many of times. I contacted the web host before and they told me that the site were not hosted with them, in other words, I contacted GoDaddy and they were just the websites domain registrar. I then got the correct details and contacted the host and then they helped me sort it out.

    If there is any email I normal shoot the person an email first and if they don't do what I ask them I take measures further.
     
    john269, Apr 4, 2007 IP
  7. WebGeek182

    WebGeek182 Active Member

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    #7
    Agreed. Also contact Google to get their listings removed: http://www.google.com/dmca.html
     
    WebGeek182, Apr 4, 2007 IP
  8. Tim_Myth

    Tim_Myth Peon

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    #8
    I'm not a lawyer. None of what I say should be construed as law. This is merely what I have learned after dealing with a dozen or so cases of copyright infringement (and counting).

    Let's shed a little background info on copyright. Thanks to the U.S.'s adoption of the Berne Convention (http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works) on March 1st, 1989, all literary works are automatically given a copyright as soon as they are "fixed" in a "medium" (http://www.copyright.gov/circs/circ1.html#hsc). This means as soon as you create your web page, it is copyrighted. However, the United States does depart slightly from the Berne Convention in that if someone infringes on your copyright, you are only allowed to get statutory damages and attorney's fees if your copyright is registered with the U.S. Copyright office. To register your copyright see this page: http://www.copyright.gov/register/literary.html.

    http://www.copyscape.com is da bomb at finding people who have copied your website.

    If you find someone copying your website, you must first make a good faith attempt to resolve the situation in a friendly manner. This means that you must politely ask them to stop. If the infringer has contact information on his site, use it to contact them and let them know that you have found their infringement and would like them to change it. If you call them on the phone, use a tape recorder to record the conversation as proof that you made contact and asked them to cease and desist. Take note that some states require both parties to be notified that the call is being recorded (find out which states here: http://www.pimall.com/nais/n.recordlaw.html). For this reason, it is probably better to send them an email message or better yet a certified letter. Make sure to give them a deadline for removal of your content, and try to make it reasonable. A week is pretty good.

    If they refuse to remove your content, you will need to contact their web hosting company. Thanks to the Safe Harbor provision of the Digital Millenium Copyright Act, web hosts are required to take down or disable access to infringing material in order to exempt themselves from liability (http://www.chillingeffects.org/dmca512/faq.cgi#QID130). To discover the infringer's web host, get their url (the www.some-domain.com part) and do a whois lookup. Whois is kind of a global white pages of web and DNS servers. I like to use domaintools.com. To use domaintools to do a whois look up, in your web browsers address bar type whois.domaintools.com/infringers-domain.com (replacing infringers-domain.com with the actual domain name of course). On the page that comes up look for the Name Server: field in the Registry Data section. It will probably show up as something like ns2.1and1.com (an example only!) and it is the last bit of that name server URL that identifies the hosting company. In our example, the webhost is 1and1.com.

    Now that you know who their host is, you should go to the web host's site and find out where/who to send copyright infringement notices. This information will commonly be found on their Terms and Conditions page or Abuse Policy page. In some cases this information can be sent via email or fax, but in many cases it must be sent via registered or certified letter. When writing your letter, you must do/include the following:

    1. Reasonably sufficient details to enable the host to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works. In our case, this would be the URL of your site including the page (for example, www.mysite.com/index.html).

    2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing. This would be the exact URL of the page containing your content on the infringer's site. For example: www.infers-site.com/page.html.

    3. Your contact information so they can contact you. This would mean your address, telephone number, email address, and/or any other means with which they can reach you.

    4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law. In essence this means you must include this sentence exactly as is: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

    5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed. Again, this means you must include this sentence exactly as is: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

    6. Your physical or electronic signature.

    Most web hosts will honor your take down request within one to two business days. Take notice! If you falsely report copyright infringement, and the other company's site is taken down, you can be held liable for damages. In OPG vs. Diebold (http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/), Diebold was ordered to pay $125,000 because of a false copyright infringement allegation!

    "What if the web host does not honor my take down request?" Well, you have a few more options:

    First, you may be able to contact their web host's hosting company. Many web hosts are not actually the owners of the hardware used to host sites. They are often resellers for a larger company. For example, Host Department (http://www.hostdepartment.com/resellersandpartners.html) is a company that allows regular Joe's like you and me to pretend to be a big hosting company. These larger companies often have policies in place to deal with copyright infringment by sites hosted on their servers but purchased through a reseller. To determine if the hosting company is a reseller for a larger company, use whois again, but this time search whois for the hosting company's name. Simply follow the same notification procedure for the parent hosting company as you would for a regular host.

    Another option you have is to file DMCA notices with the major search engines: Google, Yahoo, and MSN. While this won't get the infringing content removed from the infringer's site, it will ensure that people searching for your content will be directed to your site instead of the infringer's. Since a majority of traffic to website's comes from search, this is an electronic equivalent of having their site removed. It is also a bit tougher for them to recover from since it requires them to contact each search engine to have their site reindexed. In other words, lots of paper work! Here's the pertinent pages for each search engine:
    Google's DMCA policy: http://www.google.com/dmca.html
    Yahoo's DMCA Policy: http://docs.yahoo.com/info/copyright/copyright.html
    MSN's DMCA policy: http://www.microsoft.com/info/cpyrtInfrg.htm

    I hope you never have to use any of this information, but if you do, I hope it helps. Maybe if enough people learn the procedures for reporting copyright violations, people will quit doing it so much. :D
     
    Tim_Myth, Apr 4, 2007 IP
    RRWH likes this.
  9. ninjashoes

    ninjashoes Well-Known Member

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    #9
    Thats not good advice at all, its best to take the legal course of action. Clickbombing might not be illegal but it could jepordize your future with adsense.
     
    ninjashoes, Apr 4, 2007 IP
  10. john269

    john269 Notable Member

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    #10
    It's not only that, there is alot of copyright infringement on the Web. Even youtube is doing it. Now if everyone click bombed everyone then the advertisers will not stay long, google adsense will quickly go down hill and that will be the end of that and most of our incomes.

    Click bombing is not the answer. Click bombing will also mean that google will have more work to do by having to recover the advertisers fraudulent clicks.
     
    john269, Apr 4, 2007 IP
  11. chodomade

    chodomade Peon

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    #11
    Tim_Myth - wow. thanks for all that information. someone should sticky that.
     
    chodomade, Apr 4, 2007 IP
  12. RRWH

    RRWH Active Member

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    #12
    tim_myth - this information is very timely - I have just had to deal with stolen content within the last few hours.
     
    RRWH, Apr 6, 2007 IP