A bit of a strange one this, but does anyone know how the law works regarding the copying of forum posts?

I run a forum (fiatforum.com) and recently, someone has registered fiatforums.com and started to copy the posts over!

Example:
http://www.fiatforum.com/showthread.php?t=49064&highlight=marea+cut+shut
http://www.fiatforums.com/forums/showthread.php?t=49

And again:
http://www.fiatforum.com/showpost.php?p=489236&postcount=1
http://www.fiatforums.com/forums/showthread.php?p=174#post174

I assume this is breaking copyright law? In which case can I simply send a cease and desist mail to their hosting provider? Or are forums exempt?

I know the standard answer is to see a lawyer, but 1) this is a hobby site, so not making enough revenue to do that, and 2) I live in Japan, and finding an English speaking lawyer here specialising in Copyright Law might be quite tricky :p

Thanks :)

This is tough, because the argument could be made that you're the owner, and the argument could be made that each individual contributor owns his or her original content. Do you have this stipulated in your forum signup agreement anywhere as to who owns what? I don't think there's much question that the other people is violating the law (though IANAL, so I might be entirely wrong), but there is question about who has the right to pursue him in the matter.

It reads as follows:

Forum Rules

Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.

Although the administrators and moderators of The FIAT Forum will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of The FIAT Forum, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.

By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.

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I don't know it is conclusive enough to show ownership though? Maybe I should add in a section about joint ownership?

I think that's enough to say you are charged as the guardian of contents of your forum, regardless of the original contributor. While it doesn't expressedly transfer ownership to you, it certainly makes responsibility and licensure of content clear. I'd write up a little C&D letter to this guy and copy his upstream provider on it.

Cool - we've just uncovered a load more too...!

Having never written a C & D before, are there any good examples you know of. I've searched here and google, and whilst found quite a few, they all seem to be a bit different?

Is it supposed to be a personal type letter, or a very formal "To whom it may concern" - type?

Is it supposed to be a personal type letter, or a very formal "To whom it may concern" - type?A C&D isn't a legal document (typically the intent would be to follow it with one if your requests aren't met), so there aren't any specific requirements as to what has to be in it. But certainly it has more impact if it reads like there's legal weight behind it, and I'd think that a letter that specifically names the people targeted would have more impact than one that is simply addressed "to whom it may concern."

Write a letter to fiatforums admin. Express your dissatisfaction. Maybe, finally you will come to mutually beneficial cooperation.
If not - have a talk with the thief's host. I don't think information stealing will be approved of.

This is indeed tricky. But I think mostly the posts in my communities are mine and my members. Having a third party copying them would seem copyright infigement in my opinion. Perhaps you can solve with the host.

Anyway .,, keep us updated on this . I would really like to see the outcome.