Page 1 of 2 12 LastLast
Results 1 to 25 of 33
  1. #1
    Member pokerturkey's Avatar
    Join Date
    April 18th, 2005
    Posts
    87
    Getting Plagiarized - What to do?
    Hello everyone,

    My site has recently been plagiarized by two parties. The first pary--a blog--copied every article on my site. The second party--a smallish merchant site--copied one of our best articles. Both done it without attribution or permission.

    I did some research and it appears that the standard drill is to send letters to the assho***, um, I mean plagiarists, and tell them to stop. But what if they don't stop? Do I have to hire a lawyer?

    Moreover, why can't I charge them for using my articles without my permission? It appears most victims of plagiarism are just happy when the offending party stops using their material. But what about the past couple of months when those websites were earning money off my website? Shouldn't I get paid for that? How do I approach this?

  2. #2
    ABW Ambassador phillyburbs's Avatar
    Join Date
    January 18th, 2005
    Location
    in the PhillyBurbs!
    Posts
    3,097
    Cool Two cents worth ...
    Unless you have a lawyer on retainer, your best bet is to write a well-crafted letter as you described.

  3. #3
    Member pokerturkey's Avatar
    Join Date
    April 18th, 2005
    Posts
    87
    But ... but ... that seems so unfair.

    Thanks for the advice. I get what you're saying. Lawyers can get expensive. But I'm really willing to spend some money fighting this. I am just so cheesed off...

  4. #4
    A Real *and* Darn Cool Member! lstolze's Avatar
    Join Date
    March 23rd, 2005
    Posts
    822
    Send them the letter, find out what networks they are in (if any affiliate links, etc.) or advertisers they have and sing to all of them what kind of dungpiles these people are. Hell, you could even copy their host and have a real ball. As Karl said, you need representation to get some cash, but at least you can oust them for the slime they are.

    Sorry, I'm a bit vicious this week...
    ~Lisa - Brilliant Mastermind, or Nut? You decide!

  5. #5
    Member pokerturkey's Avatar
    Join Date
    April 18th, 2005
    Posts
    87
    No, no. Don't apologize. Vicious is GOOD. I'm in the mood for some ball busting.

  6. #6
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
    Join Date
    January 18th, 2005
    Location
    Winter Park, FL
    Posts
    6,930
    DMCA the major search engines to have them de-index it...
    http://www.seologic.com/faq/dmca-notifications.php

    and DMCA their hosting company to have the pages removed or site taken down...
    (see link above, first paragraph, for link that says "Download a PDF version of the DMCA from the Library of Congress website" - do a DNS lookup on their site, find their hosting company and send a DMCA notice of infringement to their hosting company)

  7. #7
    AM Navigator Geno Prussakov's Avatar
    Join Date
    May 10th, 2005
    Location
    Washington D.C. Metro Area
    Posts
    11,798
    In Russia we just come over and beat the crap out of them! I guess, this should go into another thread (on stereotypes on Russia)...

  8. #8
    Member pokerturkey's Avatar
    Join Date
    April 18th, 2005
    Posts
    87
    Geno -- I grew up in the projects, so we also have similar techniques. But I think lawyers will be even more destructive.

    Donuts, that's a great link! I'll bet that saved me a ton of time. thanks!

  9. #9
    ABW Ambassador mailman's Avatar
    Join Date
    January 18th, 2005
    Location
    mailordering.com
    Posts
    906
    Geno. I would be very careful about making posts like that.

  10. #10
    AM Navigator Geno Prussakov's Avatar
    Join Date
    May 10th, 2005
    Location
    Washington D.C. Metro Area
    Posts
    11,798
    Quote Originally Posted by mailman
    Geno. I would be very careful about making posts like that.
    That's how we joke in the Southern US (where I got educated)... Sorry if not understood properly.

    Geno

  11. #11
    notary sojac Herb ԿԬ's Avatar
    Join Date
    January 18th, 2005
    Location
    Central/Western NY State
    Posts
    7,741
    Talking
    Quote Originally Posted by mailman
    Geno. I would be very careful about making posts like that.
    yes, you would beat the -stuffing- out of them . . .

  12. #12
    ABW Ambassador mailman's Avatar
    Join Date
    January 18th, 2005
    Location
    mailordering.com
    Posts
    906
    So tell me Geno ,just as a matter of interest , where is your home. USA or Russia?

  13. #13
    AM Navigator Geno Prussakov's Avatar
    Join Date
    May 10th, 2005
    Location
    Washington D.C. Metro Area
    Posts
    11,798
    Quote Originally Posted by mailman
    So tell me Geno ,just as a matter of interest , where is your home. USA or Russia?
    Home is where I lay down my head today. On the night of 20-21 October it is St. Petersburg, Russia.

    Let's not hijack this thread and let people continue discussing the matter in question. PM or IM me if you have more questions, mailman.

    Geno

  14. #14
    ABW Ambassador mailman's Avatar
    Join Date
    January 18th, 2005
    Location
    mailordering.com
    Posts
    906
    I don't have a problem,I just asked. Sorry I don't understand "HIJACK".

  15. #15
    AM Navigator Geno Prussakov's Avatar
    Join Date
    May 10th, 2005
    Location
    Washington D.C. Metro Area
    Posts
    11,798
    Quote Originally Posted by mailman
    I don't have a problem,I just asked. Sorry I don't understand "HIJACK".
    I don't think anyone here said that you "have a problem", mailman.

    As for "thread hijacking", it is when a topic is started and someone makes the thread deviate from it's main topic to their own topic (not "talking" about the main theme of the thread at all, but discussing something totally different)... Do I make sence?

    Geno

  16. #16
    ABW Adviser Panel Dynamoo's Avatar
    Join Date
    January 18th, 2005
    Location
    Opposite the Slough of Despond
    Posts
    5,465
    If you want, give them a warning. But then file a DMCA complaint.

    DMCA complaints are magic, but be aware that they have to be worded in a specific way and are, in effect, a sworn statement.

    Some interesting things about DMCA complaints - even though they are filed under US law, you do not need to be a US citizen to file one. Nor does the site copier need to be a US citizen. All that is needed is for the host to be in the US, and you can file a DMCA complaint with those host regardless of the nationality of you or the copier. The same works for Google too.
    Innovative advertising with Slimeware Corporation and Telephore. Mail-order fuel with Petrol Direct.

  17. #17
    Member pokerturkey's Avatar
    Join Date
    April 18th, 2005
    Posts
    87
    I'm a bit confused by Google's DMCA page. It states:

    FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result. (Note that the URL for each search result appears in green at the end of the description for that search result.)

    For example, suppose (hypothetically) that you conducted a search on google.com using the query "google", and found that the third and fourth results directly link to a web page that you believe infringes the copyrighted text you identified in item #1 above. In this case, you would provide the following information:

    Search Query: google
    Infringing Web Pages: directory.google.com/
    groups.google.com/
    The copyright offender copied my ENTIRE stock of articles (roughly 40-50). When I search on google for specific sentences, I always see my site pop up first, and the infringer's site right under mine.

    So theoretically, there could be millions of combinations of search queries in which both of our sites will appear. Am I suppose to list all of them? I'm so confused.

    I want to remove this site from the search engine index COMPLETELY, but Google's site doesn't really explain how to do that.

  18. #18
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
    Join Date
    January 18th, 2005
    Location
    Winter Park, FL
    Posts
    6,930
    Throw in 2-3 keywords - main ones if possible - G will remove their listings by url, not by keyword, so no need to document every keyword combo. This has been my experience but the inner workings of G are anyone's guess.

  19. #19
    Domain Addict / Formerly known as elbowcreek Thomas A. Rice's Avatar
    Join Date
    January 18th, 2005
    Posts
    5,468
    Quote Originally Posted by pokerturkey
    No, no. Don't apologize. Vicious is GOOD. I'm in the mood for some ball busting.
    Hehheh, "Vicious Is Good" sounds like a rather straightforward mission statement to me. Before writing to them, I would contact their host, show the copied pieces, and ask for them to kick the site off the host. Maybe forward the same letter to google and such, try to get a little vengeance that way.
    Following everyone else is a GREAT way to become average.

  20. #20
    Resident Genius and Staunch Capitalist Leader's Avatar
    Join Date
    January 18th, 2005
    Location
    Florida
    Posts
    12,817
    Only send a C&D (cease & desist) if you're feeling merciful. Because if you send a C&D, they'll probably take down the content...which is also the evidence.

    find out what networks they are in (if any affiliate links, etc.) or advertisers they have and sing to all of them what kind of dungpiles these people are. Hell, you could even copy their host and have a real ball.
    Yep!

    You've been directly wronged! With no twisted logic necessary, for you to claim so. In such instances, it's time for some narking.

    Get ready to hear a barrage of excuses...either directly or from merchants who let you know what the little worm said.
    There is no knowledge that is not power. ~Hemingway

  21. #21
    Member pokerturkey's Avatar
    Join Date
    April 18th, 2005
    Posts
    87
    I do enjoy a good tussle.

    However, if I try to get them removed from google and their server, I will have to prove that we are the original copyright holders. As someone else has already mentioned, these guys could just as easily claim that THEY wrote the content.

    We have a lot of circumstantial evidence showing that those articles/pictures are ours, but nothing direct.

  22. #22
    Resident Genius and Staunch Capitalist Leader's Avatar
    Join Date
    January 18th, 2005
    Location
    Florida
    Posts
    12,817
    You can try the Wayback Machine...
    There is no knowledge that is not power. ~Hemingway

  23. #23
    ABW Adviser Panel Dynamoo's Avatar
    Join Date
    January 18th, 2005
    Location
    Opposite the Slough of Despond
    Posts
    5,465
    Quote Originally Posted by pokerturkey
    I do enjoy a good tussle.

    However, if I try to get them removed from google and their server, I will have to prove that we are the original copyright holders. As someone else has already mentioned, these guys could just as easily claim that THEY wrote the content.

    We have a lot of circumstantial evidence showing that those articles/pictures are ours, but nothing direct.
    No, you don't understand. You do NOT have to prove it under the DMCA because the DMCA complaint itself is a sworn statement, specifically it must say:

    "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."

    "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."
    You can find supplementary evidence if you wish, but basically you are making a statement that says "this is my content and you can take me to court if I'm not telling the truth".
    Innovative advertising with Slimeware Corporation and Telephore. Mail-order fuel with Petrol Direct.

  24. #24
    Full Member
    Join Date
    January 18th, 2005
    Posts
    469
    Sometimes companies plaigarize my research site. When this occurs, my standard practice is to demand a substantial payment, consistent with statutory damages under the copyright act. If they don't pay, I would proceed to litigation to obtain this payment.

    As always, these legal matters benefit from advice from an attorney. That said, statutory damage claims under the Copyright Act strike me as one of the more approachable areas of the law. A sophisticated affiliate should be able to learn the law sufficiently well to describe his rights and demands in a demand letter.

  25. #25
    AM Navigator Geno Prussakov's Avatar
    Join Date
    May 10th, 2005
    Location
    Washington D.C. Metro Area
    Posts
    11,798
    Quote Originally Posted by bedelman
    Sometimes companies plaigarize my research site. When this occurs, my standard practice is to demand a substantial payment, consistent with statutory damages under the copyright act. If they don't pay, I would proceed to litigation to obtain this payment.
    Has it worked at least once? More than once? Let me know, as I am thinking on starting a "research site" as well. But what you have said above might give my motivation an additional spin.

    Geno

+ Reply to Thread
Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •