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-- Content, Writing and Copyright
---- Scraped or Stolen Content: What To Do First


Webwork - 5:07 am on Dec 23, 2003 (gmt 0)


1. Put a notice on your website that establishes jurisdiction and venue in your home county for the prosecution of violations of copyright.

2. In your letter or email quote the statutory penalties that can apply even without proof of actual damages: Range up to $100,000. for willful violations.

[www4.law.cornell.edu...]

3. If this happens to you repeatedly it may be the best long-term strategy to go ahead and file a lawsuit, take your case to judgment and post notice of the case and award on your website as a reference point for future violators. Then, when you make your demand for removal demand at least a minimal payment while refering to the case where you took the matter to judgment. It's your time. It has value as do your written materials.

Sue locally, make service where the offender lives, the offender will not file an answer to the complaint, take your statutory damages judgment for $50,000.00 and then SEND IT TO A COLLECTIONS LAWYER or COLLECTION AGENCY where the offender lives. Collection lawyers have great skills at locating assets and generally making people's lives miserable.

Identify the offender's domain names. Domain names are property. Docket your judgment and begin proceedings to levy/seize every domain name associated with the offender. (I haven't tried this one yet but I am mentally working out the details since some day I believe this is exactly what I will do if the offender's domain name(s) are worth going after. Sneak up by filing a Writ of Attachment to keep the domains from being transferred and have at it.)

If the offender is using your information to support an affiliate program then serve your writ of execution on the affiliate program operator. That way any proceeds will be used to satisfy the judgment.

If this all seems a bit....nasty....well, don't you just love people who steal from you?


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