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  1. #1
    ABW Ambassador flamingoworld's Avatar
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  2. #2
    ABW Ambassador buy_online's Avatar
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    Is it an ABW member?

    In an effort to watch your cholesterol, you eat Spam Lite.

  3. #3
    ABW Ambassador
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    Hi Connie....

    Frankly, in this case - it appears that you should be flustered instead of angry. Your site is a lovely, long successful, and well-built piece of production.

    The other is a hodgepodge of nasty colors, built to look like it was hit with an ugly stick.

    Just my opinion....

    Obstinatedon

    You must not lose faith in humanity. Humanity is an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty.

    Mahatma Gandhi

  4. #4
    Assistant Regional Manager Rik's Avatar
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    Try contacting them and see what they say. It's obvious they used your design as a template but it's pretty easy to tell which is the better site.

    -------------------------------------------------
    Webmaster Resources | Web Hosting Solutions

  5. #5
    ABW Ambassador Mike O's Avatar
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    Hmmm....

    I'd assume someone copied your site to use as a "template" for their site, then customized it a lot to have it be what they wanted.

    In my quick scan I didn't notice if they used the same vendors, but they could be there.

    I'm no lawyer. But have you compared source code for clearly-copied sections? Barring that (copyright violation) I'd personally doubt there's anything you could legally do about it.

    -- Mike

  6. #6
    ABW Ambassador
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    I looked at the source on both Mike. It doesn't look like a overlay type of copy. I think someone just knew that Connie has been successful for a long time and wanted to emulate her success somewhat.

    while I don't approve of the methodology, were I to emulate a successful mid-tier affiliate, I would certainly look at Connie as one of my top 10.

    Obstinatedon

    You must not lose faith in humanity. Humanity is an ocean; if a few drops of the ocean are dirty, the ocean does not become dirty.

    Mahatma Gandhi

  7. #7
    ABW Ambassador
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    That sux.

    I'd definitely contact them and -try- to get them to change it, as it could cause confusion to anyone who may stumble upon that site. Though..like others have said, (and I havent looked at the code..), I'm not sure its a matter of a straight copy or anything legally infringing...

    Though..these days.. you could probably send a DMCA notice.. < heh >

    [edit ..]
    Just saw the thread in the other forum.
    Oh, I'd definitely also contact dealzconection and anyone else they are linked from and ask them to please delink.



    --
    ...only in the affiliates interest...
    The Newer Nicer Joseph [img]/infopop/emoticons/icon_smile.gif[/img]

  8. #8
    ABW Ambassador flamingoworld's Avatar
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    Also contacted DealzConnection. I don't think they really deserve a 2 star when they didn't really work for it.

    Too bad they didn't leave in all my affiliate ids!
    Had someone copy my site a few years ago, they left in my affiliate ids and then tried to say I had copied them! They changed the site real quick when I explained about the affiliate ids!

    Connie Berg
    www.flamingoworld.com


  9. #9
    ABW Ambassador
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    You know...... I think I actually found a good use for gator. I'd take an ad out with them that displayed something like:

    "Do you want to help someone who stole the design of my site?

    Pigs don't fly but you can get the real deals at FlamingoWorld.com". [img]/infopop/emoticons/icon_wink.gif[/img]

    I'd also google a page labeling them as a copycat. I think heyder can help you based on what he did to his foe.

    Hope that helps put a smile on your face. I hate seeing this kind of thing.

  10. #10
    Defender of Truth, Justice and the Affiliate Way
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    Connie,

    I found 2 different sites which had copied mine one of my pages at the same time. For one of the sites, it was a second offense. The first time, they had several pages and some of my graphics. I went the route of trying to contact them, to no avail. One person never responded, the other one was rather nasty and rude to me. [img]/infopop/emoticons/icon_frown.gif[/img] I don't play the "be nice and contact them first" game anymore when someone has stolen from me.

    The Whois information from this site is:

    Registration Service Provided By: ICDSoft.com
    Contact: hosting@icdsoft.com

    Domain name: punchbusters.com

    Nameservers:
    ns1.webmachine101.com
    ns2.webmachine101.com

    Creation date: 06/15/02 20:41:10
    Expiration date: 06/15/03 20:41:10

    Registrant Contact:

    Punch busters (mail@punchbusters.com)
    (619) 224-2815
    P.O. Box 60
    San Diego, CA 92166
    US


    Administrative Contact:

    Punch busters (mail@punchbusters.com)
    (619) 224-2815
    P.O. Box 60
    San Diego, CA 92166
    US


    Billing Contact:

    Punch busters (mail@punchbusters.com)
    (619) 224-2815
    P.O. Box 60
    San Diego, CA 92166
    US


    Technical Contact:

    Punch busters (mail@punchbusters.com)
    (619) 224-2815
    P.O. Box 60
    San Diego, CA 92166
    US



    Status: ACTIVE
    Note: To help prevent fraudulent or erroneous
    transfers, we encourage registrants to place their domains on "lock"
    status with their current registrar.

    The Whois registration for ICDSoft.com gives an address in Hong Kong. Their TOS is here: http://www.icdsoft.com/terms.php which states:

    quote:
    All services provided by icdsoft.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and safeguard Icdsoft.com against any claims that might occur as a result of such use of the service, that is damaging to the subscriber himself or to third parties.



    If you want the content removed, I would say you need to contact the hosting company and report a copyright infringement by one of their clients. It could very well get bumped up the line until it reaches the primary server company. You should get a response back outlining specific terminology you have to use in your complaint and basically swear that you are telling the truth. You will need to give specific URL's for the pages copied of your site and theirs. I would suggest that you take screen shots of the offending materials. The copying does not have to be verbatim to be copyright infringement. People should be very careful in using other people's sites as "templates." Nor do they necessary have to have the exact same links to vendors that you do. A good way to show you had the content on the web first is to link to the WayBack Machine for both of your sites.

    In both of the cases I reported, after filing the complaints with the terminology and info they wanted, the offenders (after squawking about how they hadn't stolen from me) changed the material on their sites. If the hosting company allows it to continue, they can be held legally responsible, so generally they won't tolerate it. The offender has the right to respond with an appeal, and then you get to respond back. Usually, if the person got the info from your site, they will remove it instead of risking their ISP shutting down the site. A good place to start, if the hosting company doesn't have a specific email address to report offenses is abuse@theirhostingcompany.com

    Good luck and hope you can get them to make their own site. [img]/infopop/emoticons/icon_frown.gif[/img]

    Keep Your Hands Off My Cookies

  11. #11
    Newbie
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    January 18th, 2005
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    Connie,

    I see the resemblance but think you should simply remain flatered and not worry about it. In the end, I can only assume that your Web site design is not the only reason why people use your site. Your business savvy will allow you to persevere.

    -- Neil

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