Forum Moderators: not2easy
I am the "bill payer" at the host, and at dotster,
for a website I'll call
WWW.example.WS,
which is a bulletin board with about 5,000 active members.
I've been so (the "bill payer")
for about 5 years or so, and my name is shown as the "contact".
A "rogue " administrator
was trying to move the whole site
to a server that he would have absolute control over, despite agreements with his co-admins, including myself.
One of the "issues" relates to his desire solicit contributions in support of the site,
which he would use for his own purposes,
in exchange for the "many hours he has spent in maintainig the site."
This is a total bucket of odious self-serving (whatever),
we're talking "Snitz Forum" software:
not rocket science.
I contacted Dotster
to assure he couldn't get the current
URL name to point to his new site.
I further thwarted his plans,
at least temporarily,
by changing permissions in the software at the host,
and installing some security for the database.
However,
he is gloating about having already downloaded the Database,
and is planning on opening up the Bulletin Board on a server elsewhere,
as
WWW. example.(?) (Some other suffix).
============
"My" board (I do not regard it as "mine", but I will use "MY" to refer to it..)
is not formally copyrighted.
The "content" obviously consists of thousands of posts by many other persons.
I have read hereabouts that in point of fact, a legal "copyright" is created for each of the posters, in each of the posts, as created.
Not that any of the posting persons is likely to assert
a claim.....
==================
I have followed leads here to the " ANTI-CYBERSQUATTING CONSUMER PROTECTION ACT", and it appears that that may
apply to the situation.
===================
What I am seeking, please, is some general information regarding what an "informed person" (one of which I ain't)
should take in this situation.
Should I take further efforts to "trademark" the forum,
even though the content really isn't mine?
Should I "trademark" the URL?
What else?
===================
Thank you.
D
[edited by: coopster at 1:29 am (utc) on July 17, 2009]
That being said and being concerned that you may not do so, for your further edification perhaps you could read up about "passing off" within your particular jurisdiction. In additional, carefully ponder how a cold and detached court would decide upon ownership of the forum and its contents. Your TOS, even if you are using the forum defaults, come into play here as they may vest ownership of posts in their author, in 'the site' or in some other entity (read them).
Depending upon the ownership of the content, you may be able to take this forward on a copyright infringement basis once the site is up on the new host. The owner of copyright text (all text is copyright unless otherwise released) is entitled to enforce their copyright in most jurisdictions. In the US or against a US host, is is likely to be possible to serve a DMCA notice directly to the webhosting company; this is usually an effective means to have content removed.
Your lawyer will be able to discuss legal means of barring the offending person from placing the content on any website, especially if there is evidence that he has done so and likely to try to do so again.
