Forum Moderators: not2easy
I discover the copyright infraction during a routine link-back check (w/ATW). Going thru the results and all of a sudden there's the exact Title to one of my pages (including my specialized meta description), but the link underneath is not mine!
I follow the trail and it leads the Professor. Finding his (several other addies too Hehe), I fire off a stern ' Piracy ' complaint.
Next day, I get a very appologetic letter ('e' of course) saying they've made the changes and "...please accept our appologies." Checked the link, it was as they stated, so I moved on.
That was roughly six, maybe seven months ago. Could be a little longer.
Early last week, I'm doing...Ya. You guessed it. I find the (same?) DMCA infraction again! Sooooo, I fire off a chastizing message blasting them about how this is the second time, where are there ethics, etc.
They get back to me Friday. Appologetically saying they've made the changes (again) and to please accept.....
I'm seeing hits (today) from another University clicking the Professor/University link out of what must have been a search query. It was then bookmarked and is being used sporadically.
Here are a few concerns I need to have answers to before I climb way, waay up the Universities collective sphincter.
My feelings are that they've been warned before. Even though they made the correction, it has 're-appeared'.
As I said, we have communicated about this and they've assured me the correction were (again) made. (Actually, they've dropped the link, <shrug> ...who cares.)
I just want to get all my ducks in a row.
Your opinions and proceedural methodologies appreciated.
Pendanticist.
So, to your question,
it is an intriguing one. Basically, who has the responsibility to
1) find incursions,
2) report incursions,
3) purge incursions, and
4) check that all the incursions have been purged.
My opinions would be that, in reality, if your site has been copied, then you had better take it upon yourself to make sure that all the above are done even if some of them are technically not your responsibility. One can argue demarcation, but the incursions would still be in place whilst the arguing is going on and that is not the desired effect.
So I would be working my way up the University's chain of responsibility, from Site Author, to Server Admin, to IT department, and so on up to Uni Admin until you get the results you want. Keep nipping at them and don't let go.
Onya
Woz
The biggest problem I see with the DMCA is it allows for multiple transgressions by the same party. It puts you in the position of constantly policing your material and requesting for it to be removed.
It's much like the neighbor's dog that comes in your yard and bites you - you call the neighbor - they come over, apologize, and take their dog home. Except... it happens every Wednesday or so. Same dog comes over and bites you, same neighbor apologizes, and removes the dog from your yard. No lawsuits, no consequences. In other words, there is nothing to deter ongoing bad behavior, particularly by the same party.
I think it's a nice concept, but tragically flawed.
Are you asking about the dmca? AllTheWeb caching, or just what you are trying to do?
>Could this be a 'cache' situtation with ATW?
If you found it on the other site, what does ATW have to do with it? Fill us in.
>the Universities responsibility to purge the Internet?
The fact that it was a university has zero to do with it.
>copied material show up in other Engine databases
Probably so - that's why it always prudent to send an email first so that it goes away as soon as possible.
> re-uploaded my data
Doesn't matter. Once is all it takes.
>concern myself with that stuff
?
>I just want to get all my ducks in a row.
To do what?
I'm not really into doing that. I figure they put it up, they should take it down... no matter where I find it.
Moving on to Brett.
Here, this is what they supplanted my html with . . . everything in red is theirs. They left out one thing which I've marked in blue.
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN""http://www.w3.org/TR/REC-html40/loose.dtd>
<HTML>
<HEAD>
<META HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=iso-8859-1">
<META NAME="keywords" CONTENT="internships, opportunities, stipend, paid, non-paid, volunteer, International, Media, Governmental, Environmental, scholarships, grants, awards, work study, funding, overseas">
<META NAME="description" CONTENT="Internships Index of My Academic Only Home Page.com - Where Student Meets Academe">
<META NAME="copyright" CONTENT="1999 - 2001"> OLD
<META NAME="author" CONTENT="Glenn E. Carper">
<META NAME="Robot" CONTENT="ALL">
<META NAME="rating" CONTENT="General">
<META HTTP-EQUIV="Pragma" CONTENT="no-cache">
<META NAME="GENERATOR" CONTENT="Mozilla/4.06 [en] (Win98; I) [Netscape]">
<TITLE>Interships Index of My Academic Only Home Page.com</TITLE>
<!-- saved from url=(0055)http://www.myacademiconlyhomepage.com/1Internships.html -->OLD
</HEAD>
>I don't think I'm alone here in trying to understand what the original question is?
><snip>AllTheWeb caching, or just what you are trying to do?
Whose responsible for removing my copyrighted material from the Internet?
What to do about removing the 'cached' (possible - not even sure if it's the correct term) material that is on the 'Net now.
>Could this be a 'cache' situtation with ATW?
Yes, Brett.
Mind you, I wonder about the other Engines too.
In the last four days, I've found his url being clicked on from four different Universities thoughout the U.S. That indicates to me that the material, for whatever reason, is propogating, growing, expanding - instead of lessening.
>If you found it on the other site, what does ATW have to do with it? Fill us in.
Like I said, during a backlink check (as I'm scanning down looking for new sites who've included my work), I see the Title of my Index - with my description - but his url. Ok? You all with me so far? See above blocked quote for more details.
Since I'd already (last year) had them remove the material, I was wondering if his link is in the database because it was re-uploaded by some nitwit or a 'cached' situation where I'd have to wait for them to clear (or otherwise remove from all databases) my copied material.
Both URLs are now in my profile. Take a look at them.
(Too bad we can't post screen shots or I could represent the ATW question much better.)
>>the Universities responsibility to purge the Internet?
>The fact that it was a university has zero to do with it.
That's so true, Brett. But wasn't it easier for me to say whom it was? Maybe I should have said 'the perpetrator'. <shrug>
Whose job is it to get that link off the internet?
Mine?
Theirs?
Is the only reason it seems to have re-appeared because of ATW (et., al. future and present Engines) have the link (ergo the material) cached, or because it has been re-uploaded?
I do not want to formally DMCA these people and have it come back that this entire situation isn't within their (the Universities) control to remove from the Internet.
Then I'd have my teat in a wringer and I don't need that. I make no money from my domain and have no money for lawyer fees to address slanderous allegations. See where I'm coming from here?
Afterall, one does not make declarative statements unless they are absolutely sure that what they've said is 100% true and factual.
>>copied material show up in other Engine databases
>Probably so - that's why it always prudent to send an email first so that it goes >away as soon as possible.
Which I did again last week. Recall, this 'appears' to be the second time this has happened? (They've appologized again, which tells me it may have been re-uploaded. . . at least they offered no other explination.)
>> re-uploaded my data
>Doesn't matter. Once is all it takes.
Then I guess I can get as legalistically huffy as I want.
>>I just want to get all my ducks in a row.
>To do what?
(It's an old expression, Brett. Cover your A**. Dot the eyes and cross the Ts.)
I want to have all my facts straight before I go to the Universities Board of Regents and Legal Department screaming DMCA! DMCA! DMCA!
It is my intention to 'Reply' to these two individuals and CC the Board and Legal at the same time.
Since there are many aspects of this situation to which I am ignorant, I thought I'd bring it to the board for clarifications and or proceedural tips so I didn't make any legal blunders. That's all.
Pendanticist.
True. My point was that is you want to make sure they take it down, the responsibility falls on you to keep pestering them until they do.
Onya
Woz
No. Make that. I'll sticky you (not today though) the urls and the chronology. I just can't get much more specific here.
Pendanticist.
Bill them.
You have copies of correspondence and other information as documentation. It was put up, taken down, then put back up again. They apparently want to use it. Including copies of the correspondence as an attachment, send them a hefty bill for a "license" to publish your content with you retaining copyright.
A fat bill. Retroactive. With copies to the appropriate department for budgeting purposes, just so they won't get confused about which department's account to charge the outstanding liability to, as well as their Accounts Payable unit. With payment terms and a due date.
Don't forget to thank them for their business.
That will most definitely get their attention. Depending on your copyright policy you could easily go to court with this but don't use the DMCA, it's petty.
