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Material taken to enhance credibility

I can take what I want because you cannot afford to sue

         

Coryman

12:50 am on Feb 23, 2007 (gmt 0)

10+ Year Member



I have a specialist aquatic hobbyist website with a subscribed members only area where all the dedicated species, breeding, husbandry and member forum is there are other areas of the site that is in the public domain, which included an articles section. I had a member who was in the aquatic business specialising in selling the same specialised group of fishes. during the latter half of 2006 this member produced his own web site as an internet sales outlet to his business and towards the end of that year introduced a forum. All well and good up to this point and I actually naively joined at his request thinking I would be helping to promote our aspect of the hobby, wrong! On one visit to the forum I found that he has taken an article from me articles page and put it in his forums as a sticky heading. I ask why he did this without asking and asked for it to be removed, to which he made a derogatory remark, removed the said article and then extracted a similar piece from a book I had published on the subject. This P*ssed me off no end and I revoked his membership and refunded him by PayPal what was left on a months banner advertising making the statement in the comments panel provided that he did not have my permission and would he please remove my material. What he actually did was go to my articles page and copy 14 articles, which have also been posted on his forums. My fault I know for not putting the articles page into the members area before chastising him, but nevertheless he is now ion breach of copyright on 15 counts.

My dilemma is how do I tackle this guy? I earn in a week what US lawyers charge per hour and cannot afford to go that way. I have contacted his hosting provider and until I file a claim in court they will do nothing. The guy himself says because he adds my copyright to the articles that he cannot be touched.

Sorry for such a long first post, but I thought a complete picture would be best.

Any advise will be greatly appreciated.

Ian

LifeinAsia

1:06 am on Feb 23, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Submit a DMCA to his hosting company. If they still refuse to take it down, then find a lawyer willing to work on contingency and sue both the person and the hosting company.

jdMorgan

1:39 am on Feb 23, 2007 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Check this forum's Library [webmasterworld.com] for threads like this one [webmasterworld.com].

You can send a DMCA copyright notice to his host and to all the major search engines. If you're feeling generous, you might even warn him that his site's about to go bye-bye... :)

Jim

kneoteric_V

9:05 am on Feb 23, 2007 (gmt 0)

10+ Year Member



[google.com...]

[edited by: encyclo at 6:03 pm (utc) on Feb. 23, 2007]
[edit reason] fixed link [/edit]

Coryman

9:39 am on Feb 23, 2007 (gmt 0)

10+ Year Member



His hosting company refuse to do anything until I file a court action, considering I have provided them with evidence I think they are not being very responsible.

Ian

LifeinAsia

5:46 pm on Feb 23, 2007 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



As I said, submit the DMCA to them. If they still refuse, then sue them as well. Without the DMCA, you could still sue them, but I suspect it might be harder to win.

Sending a DMCA doesn't cost you much besides time. Plus, if you do eventually have to go to court, it shows that you followed proper procedure to resolve the issue before jumping in and filing a law suit. Their refusal to respond to a DMCA could be used for future cases to show they have a track record of refusing to remove copyrighted material, resulting in larger judgements against them.

Basically, your refusal to submit a DMCA to them means they've already won. And they know that- they know most people won't make the effort to do it, so they don't have to lift a finger to do anything. So, punish them for their arrogance.

You asked for our advice and we've given it.

Coryman

9:56 pm on Feb 23, 2007 (gmt 0)

10+ Year Member



Thank you all for the help.

Ian