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  1. #1
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    To DMCA or not to DMCA?
    I'm a CJ publisher and Another publisher copied our entire web content (11 review pages) identically ignoring copyright warning on all pages changing only layout and PID on CJ links - I contacted this publisher to remove the content but no success.

    I contacted CJ and they told me that they only would help if I provide legal documentations and would only remove him based on proofs.

    I wrote a 4 pages DMCA Notification/Copyrighted Infringement Report to reply them, but now before I post it I have some doubts:

    1 - The act of sending them a formal DMCA over helpdesk ticket is a "litigious" (or not friendly act) against CJ that I should avoid as I have a business relation with CJ? The DMCA is friendly and do not mention things like "you will need to pay attorneys fees" - but I'm afraid of they face the DMCA in a bad way from me.

    2 - What they means that will not remove the publisher without proof? This means that a signature on DMCA is not enough like is for Google/Yahoo? Do they want "forensics evidences" that I'm the site content owner before contacting the other publisher?

    I will "to DMCA" the web hosting company as well, but before it I want nip the evil in the bud avoiding that this publisher profits again over other webmasters.
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  2. #2
    Moderator MichaelColey's Avatar
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    I had a similar thing happen. A guy registered a confusingly similar domain and developed a near-exact copy of my site (including several "help" type pages that were exact copies.) When I found out about it, I contacted their web host, their registrar, all of the networks they worked with, and all of the merchants I had close relationships with that they worked with. Most took no action, but several did. Their host took their site down for 14 days, but let them back when I didn't file a lawsuit. Several merchants (who don't like working with cheaters) permanently removed them. None of the networks did anything, which was disappointing.
    Michael Coley
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  3. #3
    Resident Genius and Staunch Capitalist Leader's Avatar
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    I'd contact the merchants. Hit the jerk in the wallet.
    If the merchants dump him, it won't matter that the networks don't do much/anything.

    As for the DMCA, I'd sent that to Google and Yahoo, to make sure they know who to credit with the Original Content(TM).

  4. #4
    ABW Ambassador Paul_Ward's Avatar
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    Tell the merchant, tell the host (if possible and relevant), tell Yahoo and Google - they have been my best friends in issues like this. Page 1 today - page er... well nowhere really! tomorrow

  5. #5
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    DMCA them.

    As for the partners who don't support you, post about it here. This is our collective voice. They're not your lawyers, and there's not much they can do for you, but certainly they can do something. They do have choices to make and shouldn't be able to make them in a vacuum.

  6. #6
    I like traffic lights
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    Send a DMCA to their HOSTING PROVIDER. Hosting providers get them all the time and know what to do.

  7. #7
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    Yep, DMCA their hosting, that's what I meant.

    You see, the DMCA law says that a hosting company cannot be held liable for damages from copyright infringement if they meet certain safe harbor conditions, one of which is...

    iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;

    (see http://www.cyberspacelaw.org/dogan/dmcaisp.html)

    So it's vitally important to any US hosting company's interests to act when a DMCA complaint is filed with them, it shelters them from liability.

    I used to write the infringer, now I skip that - they always deny they stole my intellectual property and some have even made threats... a cornered rat will bite. So I just take them offline by filing a DMCA notice with their host.

    If the host puts them back on line, the offender and the hosting company here from my lawyer.

  8. #8
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    Hi all,

    Thanks for the replies.

    I sent the DMCA to CJ and also did a first contact (no DMCA yet) with the hosting company and Google AdSense too.

    Lets see from these who are the nice guys that will support me.
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  9. #9
    Moderator Nabz's Avatar
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    DMCA to CJ ?Are they hosting the offenders website? CJ don't have to do any thing with this situation.

  10. #10
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    Quote Originally Posted by Nabz
    DMCA to CJ ?Are they hosting the offenders website? CJ don't have to do any thing with this situation.
    CJ is profiting over non licensed copyrighted material. This is against US laws.
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  11. #11
    I like traffic lights
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    That maybe so, but CJ isn't hosting their site so a DMCA to CJ is a total waste of time.

  12. #12
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    Quote Originally Posted by Drewbert
    but CJ isn't hosting their site so a DMCA to CJ is a total waste of time.
    But DMCA is not exclusively for who hosts the site.

    Why would be a normal procedure to send a DMCA to Google AdSense:

    http://www.google.com/adsense_dmca.html

    and would to not to send to CJ?
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