My Content in Competitor's Source Code

[clearwat]

Thanks to CopyScape, I found a site that had included much of the my home page text in the source code of their landing page. Since my site is #1 in Google for the competing keyword, I imagine the competitor is trying to gain leverage with SEO by using my text.

Is this copyright infringement? The offending site owner believes not, since the content is not "visible".

I would appreciate your views. Thanks!

[larryhatch]

How is it that your content is not visible?

Does he mask it with same color text + background?
Did he simply stuff keywords into tags or whatever instead of visible text? -LH

[clearwat]

Hi Larry,

Thanks for the response. The offending site has placed my content within the <cite> tags in their intro page, which is basically a fancy Flash introductory page...after some seconds, the visitor is sent to their "home" page. None of my content is apparent on the rest of their site.

I'm not so much concerned with this site taking potential work from me, but am very concerned that my essential text and keywords are being diluted, as well as being concerned with duplicate content issues.

Thanks again for your response...what do you think?

[BigDave]

If it is copyrightable content, then it is almost certainly infringement.

[larryhatch]

''The offending site owner believes not, since the content is not "visible".''

HAHAHAAAAH. You found it didn't you? Not visible?
When it shows right up on a flash page or whatever?
That's chutzpah. The guy is literally spitting in your face.
I doubt there's much more to be gained dealing with someone like that.

Personally, I wouldn't waste time with idle threats.
Find out who his host ISP is. Complain there.
(Please don't ask me for details, there are endless discussions right here.)

Next, you can complain to the search engines.
Opinions differ how effective that is, search these forums again.

Next comes the DCMA of some such, cease and desist orders ..
A cheap one-hour consultation with a lawyer may be well worth it.

Good luck - Larry

[clearwat]

Thanks for the info Big Dave and Larry.

The webhost sent their DMCA guidelines, which are basic, but the official complaint has to be mailed to them. I was concerned with the provision that the offender could turn around and sue me if the complaint was not valid. So I wanted to be sure that the use of my content, "hidden" in their source code, does indeed constitute copyright infringement.

Yes, I do use a cease and desist letter to the site owners, and a very legalese Takedown Command to the webhost if the C&D doesn't work. I get these infringements 3-4 times a month - what a pain!

Thanks again for your input.