Non-copyright infridgements

Can I still file a DMCA

[GodLikeLotus]

A directory site I run has been copied completely by a competitor. Everything is copied including the text, cells and tables and now Google treats our version as the duplicate.

Can we file a DMCA even if we do have own an official copyright?

Does copying a sites overall layout and design also constitute an infridgement?

Does Google look at Non-copyright infridgements, how would I file such a complaint?

I really need advice, please help.

[rogerd]

If they copied the text, go ahead and do the DMCA complaints, including as much documentation as you have to prove ownership.

Layout is a bit trickier, IMO, unless they used actual identifiable graphics. I don't think the SEs would care about that; an attorney and civil court would be your alternative, but I doubt if it would be worth pursuing unless the other site is trying to pass themselves off as you.

[steve40]

Hi just thought i would share
in 2002 a scumbag coppied my whole site ( which i had spent 3 years developing )and i didn't have any luck with dcma as they were hidden behind 4 layers of crap and hosted where i couldn't touch them

this scumbag specialises in the auto world so over a period of 3 months they used it as a vehicle to promote thier main site luckilly for me they then placed adsense on thier sites and so went above the radar and over the next 3 months were toasted by G and every SE
PS they had somewhere in the region of 1200 sites all using dodgy tactics

I did the following and created a mirror of my site myself to put on back burner then spent $2,000 a month on gaining high PR on the original site to help with them being the duplicate site also contacted G about some of thier spam techniques

if you can dcma them anyway and thier host and report to G
but cover other areas incase they don't work
steve
PS I know how depressing this can be hope you solve it

[Dynamoo]

A DMCA complaint to Google can take a couple of months to be processed. A complaint to the host may be dealt with more quickly and is worth a try.. as it's the whole site that's been copied, having it taken offline completely would be appropriate.

[luckychucky]

And you might wanna try the WayBackMachine site to see if you can find an older archived copy of your own site, to use as proof of your prior ownership of the content.

[GodLikeLotus]

Thanks for all the feedback, I was aware of the waybackmachine, very useful if I could only get someone to look at our case. Also find Copyscape dot com a very useful tool.

If I complain to the hosting company, do I file a seperate DMCA or just an email of complaint with all the facts and proof?

I keep thinking about Google and their "Don't Be Evil" motto. I would not use the word Evil, however, what has happened to us is certainly Unfair and Wrong.

[nancyb]

While Google takes a little longer to respond/react to DMCA notices, I have found very quick response and removal of pages (only a few days) from Yahoo by sending a DMCA notice via email. You must follow their directions which can be found here [docs.yahoo.com]. Thank you Y!

These were blatant copies of entire pages of content and images and perhaps the response would not be so quick if the infringement was not so obvious.

[chicagohh]

Wow. Yahoo looks as easy to manipulate as eBay. For one of my products during a two week period this last holiday season there was not a single company selling on eBay. Everyone had VeRO'd each other... funny.

[bostonscott]

I'm not an attorney, but here is my understanding:

1) You don't need to have a filed copyright to mark something "copyright" on the bottom of your site. That gives you legal claim to the copyrighted material.

2) In order to sue in a court of law (and win/get damages), you do need to have a filed copyright.

Whether you can file for a copyright post-facto and still have a case against the individual I do not know for sure, but logic tells me you could. If this site is located in the U.S., you might want to have an attorney write them a strong letter demanding they take the content down.