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  1. #1
    Newbie dannicole2112's Avatar
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    Check out this site which sells Dr. Seuss merchandise: [URL Removed]

    They are posting quotes directly out of Dr. Seuss books and using it as content! Isn't this a copywrite vioation and how can I turn them in if it is?

    Thanks.

    [Removed Affiliate URL]

    [This message was edited by Haiko on December 21, 2003 at 06:47 PM.]

  2. #2
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    likely it is. If you are not Dr. Seus, what business do you have "turning them in"?

  3. #3
    Newbie dannicole2112's Avatar
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    Because they are a competitor of mine. I sell many Dr. Seuss items in my affiliate store and they are using unfair business practices to get search traffic.

  4. #4
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    It looks like it has the characteristics of parody to me. A "Fair Use." It is a derivitive work, easily recognized to be in the style of Dr. Seuss but not such that the reader is confused or deceived. A competent reader clearly knows this is a parody of a famous work. The quotes, clearly noted, are a small portion of the total work with enough additional content to be considered a new work.

    Using quotes in another work is a perfectly legal and accepted practice.

    But I'm not the judge or jury. Why are you so keen to turn these people in?

    Wayne

    Edited: Oh, I see why you want to turn them in.

  5. #5
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    First, it is copyright.

    Second, who are you going to turn them into?

    You cannot file a copyright violation, you are not the copyright holder, for all you know they have permission to use the excerpts. It uses a small portion of the real work to promote sales of cat in the hat products, unfair? Smart? Well done?

    This is just the sour grapes crap I was talking about. Buck up, improve your own site and quit blaming your failures on other people.

    What next? Are you going to ask who you can turn them into for having a clean design and easy to navigate site?

    Chet

  6. #6
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    If you think your income is being affected by an unfair or improper use you should file a complaint or at least ask the publisher if they have permission if so get it for yourself.
    Wayne may be right about fair use, but again make the inquiry.

    Chez, you telling someone to make their site better and tell this person about their failures is misplaced and unfair-you don't know jack about Dan's site it may be a great site. But that's not the issue.
    He came here to participate in a forum for advice or an intelligent opinion-either of which you have provided.

    (I have seen other posts by you-let us all have an opportunity to review your site. What are the URL's of you Super web sites-you don't even disclose what state your in. I vote for coal in your stocking).

    However since this site is brand new with a hotmail account I think you will find your first impressions are correct.

    [Removed domain ownership information ~Akiva]

    at godaddy

    [This message was edited by Akiva on December 21, 2003 at 07:11 PM.]

  7. #7
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    We seem to be divided in opinion that there is anything unethical going on here. You are not serving the discussion by posting personal info of someone who may in fact, be doing absolutely nothing wrong. Any knowlegable web user knows how to find this info if needed.

    It's probably too late for you to do the right thing by editing your post and removing it.

    Wayne

  8. #8
    Content $ Queen Ebudae's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by dannicole2112:
    Because they are a competitor of mine. I sell many Dr. Seuss items in my affiliate store and they are using unfair business practices to get search traffic.<HR></BLOCKQUOTE>

    Looks like a nice site to me - well done.


    Ebudae

    If you understand, things are just as they are...
    if you do not understand, things are just as they are.

    [This message was edited by Ebudae on December 21, 2003 at 06:37 PM.]

  9. #9
    ABW Ambassador buy_online's Avatar
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    I agree with Chet, but may have said it in a more diplomatic fashion.

    I would definetely order my priorities differently. However, if you are going head-to-head with this person, and this is a substantial part of your income, then you may want to use this as part of your strategy - many do (sadly).

    JMO

    Fred

    You might just be a Redneck if - Birds are attracted to your beard...

  10. #10
    Full Member ellen-s4y's Avatar
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    I'm not sure how unfair it is. Is it any different than someone using "Suess" in their domain name or "cat in the hat" in page names?

    How many people search for a quote from a book when looking to buy a toy, costume or collectible? Most, I would imagine, will search for "cat in the hat toys" or "Dr. Suess collectibles".

    As for a copyright violation, I'm not sure there is one. It may be "fair use" the way he is using it.

  11. #11
    Content $ Queen Ebudae's Avatar
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    The site did not shine
    In the search it would not stay
    So you sat and you thought
    All that long, miserable day

    Well they have a site
    And it must do quite well
    They put in the work
    If you really looked, you could tell

    But you sat and you thought
    And turned green and then blue,
    And you said to yourself
    "How I wish I could be in the search engines too!"
    But all you could do was be in a Snit
    And you did not like it
    Not one little bit

    And then Google went bump!
    And that bump made us jump!
    We looked
    And we saw him right there on the mat,
    It was him,
    The Cat in the Affiliate Hat!

    And he said to us,
    "Why do you sit there pouting all day?"
    "Don't you know you don't always get your way?
    The folks there at Google are not always chummy
    But we can have Lots of good fun that is funny!"

    "Just work on your site"
    said that Cat in the Affiliate Hat
    "Don't spend your time saying
    Look at this! Look at that!
    Their site is doing better, so they must be a rat."

    "Learn something new, work hard and you will see,
    Pretty soon you will have a good site, maybe 2 maybe 3
    That person worked hard,"
    said the Cat in the Affiliate Hat
    And maybe someday you too will have a site a good as that!"

    ~*~*~

    Ebudae

    If you understand, things are just as they are...
    if you do not understand, things are just as they are.

  12. #12
    Newbie dannicole2112's Avatar
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    Sorry. Didn't mean to cause such a stink. Thank you for removing the URL Haiko.

    Dan

  13. #13
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>(..original work in the manner of Dr. Seuss!)<HR></BLOCKQUOTE>

    Ebudae:
    Great post!

    They should have gotten you to write the screenplay for that atrocity puporting to be the film version of The Cat In The Hat. Dr. Seuss deserved much better.

    Wayne

  14. #14
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    Nice post Ebudae!

  15. #15
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    Wow, Ebudae. Amazing post. Well done.

    Chet

  16. #16
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    Regarding copyrights, trademarks, etc. If the holder of a copyright or trademark becomes aware of an infringement on the copyright or trademark, they must first tell the person who is infringing that they must stop using the work or the trademark. If the person who is doing the infringing, does not stop, the party that owns the copyright or trademark must legally challenge that person/company regardless of the costs involved to themselves.

    If the copyright/trademark holder chooses to do nothing, their copyright and trademark becomes null and void.

    Bottom line is notify the company that owns the copyright and see what they do/do not do. Either way you win.

    The copyright holder must notify the infringer immediately upon finding out about the infringement. If the content is still on your competitor's site after several weeks, I'd send the copyright owner's legal department a notice stating you are going to use the content because they have allowed another 3rd party to do so.

  17. #17
    ABW Veteran Student Heyder's Avatar
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    I nominate Ebudae's post as the very best of 2003! That was awesome!

    Sadly the nominations for 2003 are closed in that case I'll hold out for 2004 unless that can be changed. Regardless it says in a fashionable way what I've been trying to say every day.

  18. #18
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    LOL I think it's my site you're talking about here...I just read this post, anyway...what was the URL?

  19. #19
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    Ebudae!,

    What a pleasure to see Dr. Seuss so eloquently twisted to fit the situation

    Thank you!

  20. #20
    ABW Ambassador CrazyGuy's Avatar
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    Excellent post Ebudae


    --------------
    Are you Crazy?

  21. #21
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    Can someone please PM me the URL?

  22. #22
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    Ok thanks for sending the URL. The site is indeed mine...I don't see any "copy WRITE" violations it's a fair use.

  23. #23
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    You two this will be a fare fight, no name calling, no baiting other with Politics or Religion to throw the topic off and NO LAWYERS! Now when you hear the bell come out fighting!

    And just remember while your fighting it out the rest of us will be moving into this Cat-in-the-Hat niche.

    ------------------------------
    "A man is but the product of his thoughts. What he thinks, he becomes." -- Mahatma Gandhi

  24. #24
    Newbie dannicole2112's Avatar
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    Raynor,

    My sincerest of apologies.
    I did not look over your site close enough and thought entire pages of yours were ripped directly out of the Cat in the Hat story. I now realize this is not true at all and that you are using the works in a "fair use" spirit.

    Again, I'm sorry I posted your URL earlier and will not do it again on anyone's site.
    Dan

    [This message was edited by dannicole2112 on December 22, 2003 at 05:46 PM.]

  25. #25
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    I've sent you a private message, I'd be glad to exchange links

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