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DMCA filing - list every offending page?
fairguy




msg:757394
 7:49 am on Dec 29, 2005 (gmt 0)

One of my web-sites has been entirely copied. I made a search doing "site:www.copiedsite.com" and it came up with over 400 pages indexes by google. I am currently preparing DMCA letter for google but my question is: Should I type in each copied url indexed by google or just mention "total offending pages:http://www.copiedsite.com"

 

kaled




msg:757395
 2:52 pm on Dec 29, 2005 (gmt 0)

If possible, talk to the host of the offending site too. The site could come down in hours - typically they just want to be sure that the complaint is legitimate.

Kaled.

dvd1000




msg:757396
 4:48 pm on Dec 29, 2005 (gmt 0)


If the person is earning from adsense, you can report his copyright infringement to adsense team to have his account terminated.

Read the part on 'Account Termination'

[google.com...]

Pico_Train




msg:757397
 8:52 pm on Dec 29, 2005 (gmt 0)

Do a whois for the site.

Call and email the site owner. Be polite but firm. Don't allow them to give yout he run around and say oh it will be done in 3 weeks. Now please is the answer.

Email the hosts as well explaining everything meticulously and politely. They are usually receptive to these issues as they could be in the same boat and it makes their business look bad.

No positive action then, file DMCA.

I've taken this route many times, no DMCA filed to date.

Good luck!

Dynamoo




msg:757398
 10:57 pm on Dec 29, 2005 (gmt 0)

If the site is hosted in the US, go with a DMCA complaint to the host first. In my experience, that either gets a) the problem fixed quickly or b) the site taken offline.

Yes, I think you probably need to identify all the pages for a complaint to the host though, which is a royal PITA. If you only list some, then there's a good chance that the copier will just remove those.. then you'll have to repeat the process all over again.

For Google DMCA complaints, yes definitely list every URL. They'll need them to be able to remove those URLs from the index.

jdancing




msg:757399
 11:33 pm on Dec 29, 2005 (gmt 0)

What's the best way to tell where the site is hosted? Or at least if they are hosted on their own servers...

Pico_Train




msg:757400
 1:22 am on Dec 30, 2005 (gmt 0)

Do a whois and at the bottom or near the bottom there should be a nameservers section.

This will tell you the name of the host.

For example:

ns1.hostname.com
ns2.hostname.com

Hope that helps.

stapel




msg:757401
 2:59 am on Dec 30, 2005 (gmt 0)

jdancing said:
What's the best way to tell where the site is hosted?

"The best way"? I dunno. But on a Windows box, one method might be to "ping" the domain name. In the process of pinging, the DOS window will display the IP address of the domain name. Take this info and go to some place that traces IP addresses (I use ws.arin.net/whois for this), and you should be able to find some named entity with whom you can pursue your DMCA claim.

For instance (assuming a WW example is okay), pinging "webmasterworld.com" returns an IP address of "72.3.232.139", which resolves to "Rackspace.com".

Hope that helps a bit.

Eliz.

Dynamoo




msg:757402
 4:38 pm on Dec 30, 2005 (gmt 0)

Whois Source (Google it) is my favorite tool for digging around this sort of stuff. It's nice and easy to use, although it does require a sign up. That will easily tell you the IP address of the site and who the address is allocated to.

outland88




msg:757403
 6:16 pm on Dec 30, 2005 (gmt 0)

One of my mantras, for lack of better words, is to never deal with major search engines unless absolutely necessary. This can be almost never. The simple reason is the search engine controls the fate of both sites once you complain to them. Don’t give the search engine the leverage to hurt you also. You don’t want to be fighting your way back into a search engine. I have found some of the most competent people in DMCA matters to be hosting employees. Many hosting companies are quick to crush the offending domains not just the offending pages.

ownerrim




msg:757404
 2:41 am on Jan 2, 2006 (gmt 0)

"If possible, talk to the host of the offending site too. The site could come down in hours - typically they just want to be sure that the complaint is legitimate."

I keep reading this advice over and over and over and over. Why bother to go after someone's hosting? The infringer can get new hosting in five minutes and be spidered at the new host within a week. This is hardly productive. It would be better to file a dmca with the registrar for the domain name (if possible) and stop the thief deadcold----you don't recover from having your domain stripped away since all your IBL links become useless. Follow C. Powell's advice: cut off its head and kill it.

stapel




msg:757405
 6:41 pm on Jan 3, 2006 (gmt 0)

kaled said:
If possible, talk to the host of the offending site....

ownerrim said:
This is hardly productive. It would be better to file a dmca with the registrar for the domain name....

But does the domain-name registrar have any (statutory) liability with regards to what is posted at the site using that domain name? The server host does, but does the registrar? Would posting plagiarism to one's web site even violate a registrar's Terms of Service? So would complaining to the registrar accomplish anything?

I'm not trying to be argumentative; I don't know the answer, so I'm asking.

Eliz.

outland88




msg:757406
 10:54 pm on Jan 3, 2006 (gmt 0)

>I keep reading this advice over and over and over and over. Why bother to go after someone's hosting? The infringer can get new hosting in five minutes and be spidered at the new host within a week. This is hardly productive.<

Logically yes, but in actual practice seldom. I have yet to have any infringers come back with new domains or new hosting. Many pro spammers know the second time around you could wipe them out entirety with a DMCA to a search engine. Plus word gets around about what they are doing. You must also consider the mindset of the infringer. They’re aware of all the time spent just to be squashed again. Many a court case is won just for the fact an offender goes right back to doing what he previously did after warnings.

As one hosting rep told me you obviously haven’t had a multi-million dollar suit filed against you. The offender many times ignores the DMCA’s sent directly to him. The hosting finds out about it through a lawsuit. Then they pay attorneys to extricate themselves from the matter while the slime ball doesn’t bother to show up for court.

I don't know of many registrars that deal in these matters.

All routes have pluses and minuses. Offenders usually flock to hosting and search engines that are protective of their activities.

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