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  1. #1
    Newbie
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    January 18th, 2005
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    Does anyone have any experience or knowledge about copywright infrignement and laws. I have found a "huge" merchant that actually stole my text word for word, line for line and now has been promoting special landing pages filled with my written work via multipel search engines. We are not talking about a phrase here or there, rather multiple pages and exact paragraphs. I was shocked to stumble upon it.

    For obvious reasons, I do not want to mention them by name but was wondering if anyone knew about courses of action to take and if it would be worth my time to pursue legal actions.

    Finding a good lawyer is the toughest part..Anyone know of any in Southern California Locale?

  2. #2
    Mama in Charge Anne's Avatar
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    January 18th, 2005
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    I would pay an attorney to send a cease and desist, but you are looking at BIG bucks to stop someone from stealing. Been there, done that. *Most* people will remove content when confronted by an attorney's note, but if not, you are looking at major money unless you have a friendly family attorney.

    ~*~*~*~*~*~*~*~*~*~*
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    ~*~*~*~*~*~*~*~*~*~*

  3. #3
    ABW Ambassador
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    January 18th, 2005
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    If you don't have the money for an attorney, I would send the merchant an email notification to all the email addresses on their website and to the address listed in their domain contact informing them of the infringement and ask them to remove it at once.

    The same day I would send them a certified, registered letter informing them of the infringement and tell them that if they don't remove it within 14 days you will file suit against them. Address the letter to the president of the company (find out his or her name if you can before you send it.)

    If you don't get a response within a day or two from your email and they don't remove the offending material I would contact their web host and/or upstream provider.

    Inform them that there is a copyright infringement and the merchant has not replied back to your request for them to remove the offending material. Tell them that you are asking them to take action as they are legally obligated to do and that if the material isn't removed you will file suit and include them in the lawsuit.

    You may have to do some digging to find out their upstream provider but I would send an email to their abuse department and then follow that up with a phone call. You will usually get good results with a call.

    I hope this helps.

    Kip

  4. #4
    ABW Ambassador
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    If this really is a big company, it's likely that the higher-ups have no idea that the content of their website comes from anywhere other than the brains of the people they pay to create their sites.

    Unless you're interested in making some big bucks from their indiscretion, an informal email or letter to someone higher up their food chain might led to an informal agreement to remove it.

    Wayne

  5. #5
    Newbie
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    January 18th, 2005
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    3,219
    You definitely want to write to the company first.

    I have a few sites that purchase content and recently found out the stuff was stolen. The person that contacted me had no idea I purchased the content. After numerous talks and threats, he admitted he gave permission to “Big” company to use his content. This person then reviewed his contract with “Big” company authorized to use his content. The contract stated that “Big” company had paid for and purchased the content in whole and had the ability to do with it as they pleased.

    In essence the “BIG” Company was allowed to sell me the content and the person who originated the content had no writes to his work after he sold it to “Big Company.


    This may not be your situation, but it needs to be noted when you sell your work you really need to read the contracts involved.

    I am the president of my company, when the possible theft was brought to my attention heads rolled and I was spitting mad. You do get the best results when you go to the top!

    Even though I had the right to use his material, I gave him credit and a link back to build a new relationship.



    SandraR
    <font size="1" face="Arial">| SSAN &amp; AIM: SSanAssistance | MSN &amp; Yahoo: SSan_Assistance |</font></p>

  6. #6
    Newbie
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    Suggestion: Address the email

    Domain.com Copyright Infringement Immediate Attention Required.

    Flag it as URGENT

    Caught my attention like a gun in my face!



    SandraR
    <font size="1" face="Arial">| SSAN &amp; AIM: SSanAssistance | MSN &amp; Yahoo: SSan_Assistance |</font></p>

  7. #7
    ABW Adviser Panel Dynamoo's Avatar
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    I had the same problem recently with a merchant duplicating my copy and images word-for-word.

    I sent a polite, but firm, email to them with a request that it be removed by close of business at the end of the week, without making any further threats.. and it was.

    As Wayne says, the higher ups will probably go bonkers. In my case the employee was disciplined.

    ________
    "All your commission are belong to us." - Slimeware Corporation

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