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  1. #1
    Defender of Truth, Justice and the Affiliate Way
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    I've seen some posts sprinkled around the boards related to copyright infringement issues. I recently found 2 sites that had basically copy and pasted my ad text for a free sample I offer for a product I sell. One of the sites had the exact same page up several months ago and I contacted them personally. After they copped a big attitude with me, they finally took it down, although they kept a graphic they stole. [img]/infopop/emoticons/icon_frown.gif[/img] Now they have a new domain and the page is back up!

    I contacted both hosting companies and after much to do with how they wanted my complaint written is specific legalese, I got just got responses back from both sites. The site that has stolen from me before just said I was lying. The other site (who I made numerous attempts to contact prior to reporting to their hosting company without any response from them)had the nerve to put in writing that I am illegally trying to impinge upon their business by reporting copy infringement to hosting companies to get them shut down! And the hosting company should do something about me. Although both responses were forwarded to me, neither hosting company provided any information as to what they intend to do or if they need additional information from me.

    Has anyone else had trouble getting stolen material removed from another site? Didn't think this would turn into such a big deal. The hosting companies don't seem to be taking a very tough stand. Any info that has worked for others in the past would be greatly appreciated. I know it's not like my whole site was stolen, but I've tried many different approaches for the best ad copy and way to offer the sample over a 2 1/2 year period. I've also reviewed other sites offering the same product sample and tried to make mine more attractive. And these jokers come along and do a copy and paste (in one case didn't even change the format)just because I'm in the top 5 for the product name on most major search engines. Isn't that what copyright protection is supposed to be about?????

    Enough ranting. Suggestions appreciate. [img]/infopop/emoticons/icon_smile.gif[/img] Guess I'll be adding right click block script to all the pages of the site, as well as ad blocker detection, BHO detection, etc, etc, etc, to my other site. Maybe sometime I'll have the time to actually promote the sites in between protecting them.

    Oh and the second offender.....these idiots have a new domain. The first one is now owned by the manufacture of the product. Could it be a trade infringement occurred too??? Considering the product is trademarked and was in the domain name? Wonder how the manufacture got wind of that. :eek:

  2. #2
    ABW Ambassador
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    Well, the cow is out of the barn on this one, but I have a site that gets copycatted a LOT and my #1 bit of advice? NEVER EVER contact the copycatter.

    You have to start with the hosting company -- if someone breaks into your house and steals your TV, you don't track them down and give them a chance to return it and you don't tell them you're going to call the police if they don't. YOU JUST CALL THE POLICE.

    If the service provider doesn't take a tough stand you have the option of tracking down the service provider's service provider (not always an easy process) and you can try contacting them.

    There does come a point when your only recourse is to drop it or to take legal action.

  3. #3
    Defender of Truth, Justice and the Affiliate Way
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    Cedric,

    Thanks for your reply. I had attempted to contact them first because I had some info about combating this which stated that the hosting companies required you to have attempted to contact the offender first. That obviously was inaccurate. I should have posted here first. [img]/infopop/emoticons/icon_smile.gif[/img]

    But I wouldn't be doing that in the future! Your point is well taken. Although, it kind of burns me that both hosting companies provided the offenders with all my personal contact info which they required me to furnish in order to review the complaint. I know they have to let them know where the infringement is, but they could have blanketed my personal info like phone number and address. [img]/infopop/emoticons/icon_frown.gif[/img]

    One of the offenders has changed their site. I will be addressing the one who accuses me of trying to illegally shut them down this evening. They should have never, ever made that statement. hehehe......

    Oh, and I am dealing with the top level ISP. It was already bumped up the chain.

  4. #4
    ABW Adviser Panel Dynamoo's Avatar
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    You should be able to demonstrate prior use of the material with the Internet Archive - or at least establish some sort of case based on it.

  5. #5
    Defender of Truth, Justice and the Affiliate Way
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    Thanks Dynamoo. I've put that link to use.

  6. #6
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    BestLittleFreeHouse,

    Hi and Welcome to ABW! <IMG src=http://www.abestweb.com/smilies/welcome.gif>

    I have wanted to post many times in this thread ... but got side tracked [img]/infopop/emoticons/icon_frown.gif[/img]

    According to the DMCA the claimant needs to file a (C) infringemnt claim to the infringers host, who is specifically bound to remove the site and ask the infringer for proof of "Non" infringement. If the infringer answers the host in a sufficient manner (most will not) then they will reinstate the site and say go to arbitration to the original (C) owner.

    Arbitration with out facts as defined by Moomeister .... don't bother ... with them .... do! All you have to do is email the (C) infringer the DMCA and the proof and it's done ... if it gets to that level ... if it is past that level then go to arbitration and kick the donkey in their donkey!

    Haiko

  7. #7
    Guest
    ive only got one thing to say about this scourge!
    http://www.IvanHoffman.com

    never be f'd with again.

    i make it very clear on my sites that ALL copyright infringers will be dealt with accordingly, and then ill submit their email to tons of FFA programs thru my super-speed-submitter programmer! ahahahahahahaha

  8. #8
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    I got accused recently... over a small thing.

    Like most reasonable people I backed down to be nice, and replaced the offending text (one word)... I would have been very annoyed if the person had contacted my host first instead of contacting me, I suppose it depends on the situation though.

    If it's a direct rip off of a block of text, get him kicked of his server if you can, because it is theft, but failing that, tit for tat stuff is probably not healthy... [img]/infopop/emoticons/icon_smile.gif[/img]

  9. #9
    Defender of Truth, Justice and the Affiliate Way
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    Thanks to all for the feedback.

    Haiko: The story of my life.....being side tracked!

    knucklehead: I'm not sure I would wish all that SPAM on my worse enemy. [img]/infopop/emoticons/icon_biggrin.gif[/img]

    WebSearch: Jeez. I imagine that wasn't a very nice feeling. I do try and be reasonable. This is a whole block of text they copy and pasted and didn't even bother to change the formatting. I really don't have time to sweat the small stuff. Really don't have time for the big stuff, but ya gotta deal...

    One of the offenders has complied and changed the copy and taken down my graphic they stole. Of course this is their second offense with the exact same copy, so I'll be keeping an eye on them.

    I'm working on the response to the counter notification of the second one. He gave no proof to the hosting company of ownership, just accused me doing illegally trying to infringe on his trade. I guess the hosting company thinks this is a legit excuse. Will see about that one! Underneath the laid back, Southern charm and hospitality persona lurks a fox. And this fox is about to go hunting...... Never, ever PO a Southern lady.

  10. #10
    Full Member
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    Oh yeah, blocks of text, etc. should be pursued, we used to hunt foxes over here, but now it's banned [img]/infopop/emoticons/icon_smile.gif[/img]

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