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  1. #1
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    One of our long standing pages (showcasing Overstock products) has been copied word for word by another affiliate. Could Overstock please clarify your position on this?

  2. #2
    ABW Ambassador Doc Sawyer's Avatar
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    First, I must say I am not the authority here but I felt it was necessary that some one should respond.

    Second, I am impressed with such composure in the face of a what would infuriate me beyond composure.

    Finally, I'm thinking Overstock didn't copy your site, someone else did.

    I must ask why would a company like Overstock knowingly or willfully promote, endorse or allow any copyright infringement?

    Thank you

    "An Optimist Can Never be Pleasantly Surprised" - Murphy

  3. #3
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Finally, I'm thinking Overstock didn't copy your site, someone else did.<HR></BLOCKQUOTE>I don't think mellowmark was suggesting that Overstock had anything to do with this.

    I also suspect that Overstock won't be of much help in this situation, mellowmark. It's really between you and the other site. I've had several issues with other sites and a demand letter from my attorney has always taken care of it immediately. Fortunately, my attorney is a friend who works for a big name law firm and he doesn't charge me when he does this.

  4. #4
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    Thanks Doc Sawyer - I am only composed because this has happened to me several times in the past, so I am sort of resigned to it - but it still infuriates me.

    Thanks to BiddingforTravel for the advice - I have emailed the offender, but the page has yet to be removed. Unfortunatley I don't have any attorney friends who work for big shot law firms or otherwise.

    Just to clarify - I am not accusing Overstock of any wrongdoing, but one of their affiliates and am seeking clarification (by email or here) regarding Overstock's view on this (and policy if they have one).

  5. #5
    Newbie
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    Below is is the response just sent to Mark.

    -----------------email------------------------------

    Mr. XXXXXXX,

    This is an issue between you and the affiliate in question. Please contact the affiliate you have a problem with directly. Overstock.com has no purview over <insert site name here>. Please contact the owner of <insert site name here>.

    Thank you.

    J.P. Werlin
    Director of Online Marketing
    Overstock.com - www.overstock.com
    Name Brands at Clearance Prices

    v 801.947.3175
    f 801.944.4629
    e jp@overstock.com

    6322 South 3000 East, Suite 100
    Salt Lake City, UT 84121

    [This message was edited by jp@overstock.com on June 20, 2003 at 04:13 PM.]

  6. #6
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    JP i think you should edit your post, might be giving a litte too much info out.

    "Nothing focuses the mind better than the constant sight of a competitor who wants to wipe you off the map."
    --Wayne Calloway

  7. #7
    ABW Ambassador buy_online's Avatar
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    Nice site mellowmark !

    Fred

    "Yo momma's glasses are so thick she can see into the future."

  8. #8
    ABW Ambassador JJJay's Avatar
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    I thought Overstock would have been more responsive to this especially after getting one up the @$$ from Microsoft a while back... Just shows how much OS really cares about its affiliates

  9. #9
    Affiliate Manager
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    Sorry, all...

    It's almost impossible for us to get involved on issues like this. We can't tell who copied who, and our legal department doesn't want us to get involved unless it directly affects our site or our copyrights.

    Thanks for understanding,

    Shawn Schwegman
    VP of Sales & Marketing
    Overstock.com
    801-947-3119
    shawn@overstock.com

  10. #10
    Affiliate Manager
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    JJJay,

    We responded as quickly as we could. I don't think this has anything to do with how much we care about our affiliates. It's more a legal issue that is difficult for us to get involved with.

    Thanks,

    Shawn Schwegman
    VP of Sales & Marketing
    Overstock.com
    801-947-3119
    shawn@overstock.com

  11. #11
    ABW Ambassador JJJay's Avatar
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    Shawn I appreciate your answer, but if said affiliate was distributing illegal MP3's would you say its between them and Sony/EMI, or child pornograpy would you say its between them and the authorities. Illegal activity is illegal whichever way you look at it. Also see Akiva's response below,

    http://abw.infopop.cc/6/ubb.x?a=tpc&...9&m=2096073643

  12. #12
    Animal Lover
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    Mellowmark,

    don't know if you've read the post by Lola (titled: website copy cats)http://abw.infopop.cc/6/ubb.x?a=tpc&...9&m=3976078573
    but in it there were helpful suggestions about where to take the issue and how to get it resolved quickly...

    Oscar

  13. #13
    2005 Linkshare Golden Link Award Winner  ecomcity's Avatar
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    The Google legal eagles will help out as the copycat's site and your own will exist in their cached copies. Date of first indexed page tells it all. Then feed a few stern lines to their hosting company and they normally are history.

    Mike & Charlie ...

    If they won't adopt and feed a bird ..flip them one! BBQ some Gator and remember to flush WhenU..

  14. #14
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    This copyright issue is absolutely in no way an issue for Overstock to handle. It is apparent that Overstock has not violated any copyright but rather this is an issue between your site and another site, irregardless of what page was copied or what affiliate deals you might have had on so mentioned page.

    Take this up directly with the site violating your sites copyrights. It is frustrating that this topic is even posted here on the Overstock forum, as if to presume that Overstock had anything to do with the violation or can do anything about it.

    Although I totally feel for you in having your site page(s) copied, do us all a favor and take this issue up directly with those in question which is clearly not Overstock. I think many of us fail to see the real relevance to Overstock here...

    Perhaps this topic might be better suited to the "Midnight Cafe" section...

  15. #15
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> It's almost impossible for us to get involved on issues like this. <HR></BLOCKQUOTE>

    The phrase that tends to bandied in cases like this is "knowingly continues to derive benefit from" an affiliates violation of another's intellectual property.

    Mellowmark you chould contact a few lawyers anyway. Matters like these are not usually handled on a contingency basis but you may as well try your luck, it would not be unprecedented.

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR> I think many of us fail to see the real relevance to Overstock here... <HR></BLOCKQUOTE>

    Overstock "derives benefit"....

    ------------------------------
    "It be's dat way sumtimes." ~ Coco B. Ware

  16. #16
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    This thread is not relevant to Overstock.com

    I will close this thread.

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