Im not sure if you have seen this thread yet but it may help.
you can also try
You could also try going to tripod and getting their account suspended.
Do you have an email address or contact page for Tripod ?
Also make sure you get documentation - files, screenshots of the server control panel (if there is one) with dates, and screenshot the Google cache, hopefully it pre-dates the other site.
I don't know the right address there, but you might try firstname.lastname@example.org which should be an attention getter. You can put "Attention: Legal Dept." in the subject.
You might be able to dig out some information by looking through the Terms of Service for their member web sites. There's generally a provision for copyright issues, it might help.
You could also try getting screen shots from the wayback machine at archive.org. I wonder if in the future these caches will have legal precident?
I have taken screenshots and saved the pages.
I have found the section at Tripos for reporting it, but I will wait and see if they reply first.
This is something that makes my blood boil, why can't people have their own ideas ?????
I looked and they don't have anything :(
but yes I have used archive.org for other legal issues before (not copyright) and I was successful.
I found a site that ripped off a copyright CD of my client - not just excerpts but the whole enchilada.
I contacted the host, explained the situation, and the site was GONE within 48 hours.
I liked that.
Being a musician I am use to copyrighting my songs. I believe that the library of congress would consider websites literary works. Databases and software are also literary works.
|For all online works other than computer programs and databases, the registration extends only to the copyrightable content of the work as received in the Copyright Office and identified as the subject of the claim. The application for registration should exclude any material that has been previously registered or published or that is in the public domain. For published works, the registration should be limited to the content of the work asserted to be published on the date given on the application. |
It only cost you $30 US. I am sure there are simialar avenues for other countries.
All local musicians copyright their work, in the US anyway. We have seen major label acts blatently steal our songs. Imagine that catchy new tune on the radio is your song and you get none of the royalties!!! It has happened to me! Now that gets my blood boiling.
It may be a good idea for webmasters to do the same. You need to make the distinction of public domain (anyone can use it without regulation) or copyright for your site.
First I would like to say I am sorry you are going through this.
My first gut reaction - What does this guy/gal want? Is the person just blowing off steam? The first rule in any battle or disagreement is: The first one to loose control has already lost their cause.
Don’t let some person with a Tripod Free Hosting account get to you. The fact he/she is using a free hosting account does not say much for their establishment online. Weak! Just let the person be. If you reply with your Cease and Desist you made the person happy as they know they got you, and they won. Unless this person has a serious legal issue against you – blow it off.
If this is serious enough for you though… Go to your local SCORE [score.org...] where you can locate your local SCORE rep, and they can put you in touch with a retired lawyer who may or may not do a free Cease and Desist for you. Worst case they charge very little. Saves on legal fees, and they are there to help – I have used this organization in my community to help me with collection of debt. Check it out!
Best of luck!
I had a client who had the same problem - Tripod site rip-off using his graphics and content.
He contacted Tripod/Lycos, I think they sent him a form to complete, and it was gone within a week.
The guy was advertising his tripod domain in literature and posters. I suggested that my client wait until the site was better known and starting to get some search engine traffic before getting it removed - that way it would hurt the culprit more. He didn't - he is a nice guy, and apparently I am not:)
To allow people to use your intellectual property without permission is negligent. Things can be handled in a civil manner so that they have the opportunity to retract their actions and your property is protected.
<<--- To allow people to use your intellectual property without permission is negligent
If you have found a way to stop people stealing content from web pages, I would love to hear it !