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09-25-2006, 08:32 PM #1Newbie
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- Nov 2005
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- India
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- 28
Content Violation, How to proceed.
hi gurus,
I found a site copying content from our site's main page and pasting with text size"1" on their main page, each and every words is same, only they have replaced our name with their URL.
Before i send them a legal notice on this, what proof i need to keep while i visit my lawyer. should i take a print out or do i need someone to witness it.
Their Page is also visible in many search engines with this violation, and it has affected our rank a lot on SE's
Both sites are india based.
Any help/suggestions much appreciated.
Thanks,
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09-26-2006, 09:39 AM #2Junior Guru
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- Mar 2006
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- East Texas
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- 194
start
I would start out with an email that they have copied copywrited information and to please remove it. After that get, their contact information and send them a registred letter asking them to stop. Then talk to an attorney - at this point you can say that you did this, and this and the site has not stopped copying your information. Then the third or fourth contact you have with them will be a letter from a lawyer.
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09-26-2006, 02:08 PM #3Newbie
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Do you have any screenshots of the violations or a site grab prior to sending them a letter?
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09-26-2006, 02:14 PM #4Retired Moderator
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You can find a Cease and Desist template online without too much difficulty. Fill it out, send it to them and copy their upstream providers. If they don't respond in a reasonable period of time (I personally think two days is plenty), go directly to their providers. As long as copyright laws are upheld in the country in which the servers are located or the country in which the company in question is registered, they will be pressed to act swiftly.
Some proof is nice as well (Internet archives are a good way to get proof that you created the content first).Studio1337___̴ı̴̴̡̡̡ ̡͌l̡̡̡ ̡͌l̡*̡̡ ̴̡ı̴̴̡ ̡̡͡|̲̲̲͡͡͡ ̲▫̲͡ ̲̲̲͡͡π̲̲͡͡ ̲̲͡▫̲̲͡͡ ̲|̡̡̡ ̡ ̴̡ı̴̡̡ ̡͌l̡̡̡̡.__Web Design
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09-26-2006, 02:35 PM #5Junior Guru
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yep
Originally Posted by the_pm
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09-26-2006, 04:56 PM #6Web Hosting Guru
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- Sep 2002
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- 282
In my experience, asking the plagiariser please to be nice has little effect. They don't generally even bother to reply, and most replies sneeringly insinuate that you probably plagiarised somebody else (as though this justifies their actions somehow).
Don't waste time with the plagiariser if you don't have to. Instead, go upstream and find the web host. With any luck, the plagiariser is hosted in the US, and you can file a DMCA notice.
You may or may not get any sort of intelligent reply, but the offence is usually removed (deleted) within a week or two.
Good luck!
Eliz.
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09-26-2006, 05:51 PM #7Retired Moderator
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Originally Posted by stapel
FWIW, the last ripper we faced was kind enough to take down the content in question with a brief chat. Every now and again, you might be surprisedStudio1337___̴ı̴̴̡̡̡ ̡͌l̡̡̡ ̡͌l̡*̡̡ ̴̡ı̴̴̡ ̡̡͡|̲̲̲͡͡͡ ̲▫̲͡ ̲̲̲͡͡π̲̲͡͡ ̲̲͡▫̲̲͡͡ ̲|̡̡̡ ̡ ̴̡ı̴̡̡ ̡͌l̡̡̡̡.__Web Design
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09-26-2006, 06:00 PM #8Web Hosting Guru
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- Sep 2002
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Originally Posted by the_pm
Perhaps what you have encountered is the "norm" amongst non-US hosts...? But it is certainly not the DMCA-required process, and I have yet to encounter this "requirement" after more than a hundred instances.
Maybe I've just been astoundingly lucky, huh...?
Eliz.
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09-26-2006, 06:28 PM #9Retired Moderator
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Originally Posted by stapel
Just to add to this statement, we caught a company ripping our site in its entirety about six months ago. We contacted the upstream provider, who asked us to show that we made reasonable attempts to contact the company first. We faxed the ofenders a cease and desist and copied the DC on it (GNAX). Luckily, we tend to get paranoid and we digitally embed our name all over our site imagery. When the C&D went unanswered, we showed GNAX that their site had our name written all over it, and that was all they needed to issue a 24 hour ultimatum to the customer. The problem was solved 12 hours later Actually, some guy in Jersey called me and told me he received the fax and wasn't really sure why the offending site (registered to someone in Indonesia) had his fax number on it.Last edited by the_pm; 09-26-2006 at 07:25 PM.
Studio1337___̴ı̴̴̡̡̡ ̡͌l̡̡̡ ̡͌l̡*̡̡ ̴̡ı̴̴̡ ̡̡͡|̲̲̲͡͡͡ ̲▫̲͡ ̲̲̲͡͡π̲̲͡͡ ̲̲͡▫̲̲͡͡ ̲|̡̡̡ ̡ ̴̡ı̴̡̡ ̡͌l̡̡̡̡.__Web Design
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09-26-2006, 07:07 PM #10Web Hosting Master
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Just contact the site and if they dont reply contact the provider. I'm pretty sure they'll take it down for you.
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09-26-2006, 07:45 PM #11Web Hosting Guru
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Originally Posted by the_pm
I merely filed the legally-required information, and the host merely following the legally-required notification and take-down procedure. It was as simple and straightforward as that. If the plagiariser had wanted to counter-file, there is a process for that. But of course, that never happens....
I'm sorry to hear that you have encountered problems with hosts that required extra-legal processes and/or documentation of you. I hope you have better luck in the future.
Eliz.
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09-26-2006, 08:27 PM #12Retired Moderator
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Originally Posted by stapelStudio1337___̴ı̴̴̡̡̡ ̡͌l̡̡̡ ̡͌l̡*̡̡ ̴̡ı̴̴̡ ̡̡͡|̲̲̲͡͡͡ ̲▫̲͡ ̲̲̲͡͡π̲̲͡͡ ̲̲͡▫̲̲͡͡ ̲|̡̡̡ ̡ ̴̡ı̴̡̡ ̡͌l̡̡̡̡.__Web Design