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I have contacted the person who now owns the site in question (it's not the same person who actually sent out the press release). But he lives in a 3rd world country and has a "I am beyond your reach" type attitude.
Basically, he refuses to remove the content because he says that I can not prove I own the copyright. The article has been on my site for more than 2 years before his was even created. I still have the original Word doc file which is time stamped. I also have copies of my site on my hardrive which are also time stamped well before the creation of his site.
Is that good enough to convince Google to ban his site? Do I even need to provide proof (if he doesn't try and fight it)? He might well try to fight it. He's being a real a-hole about the whole situation.
Please note: I do not inteed on suing this person. From what I understand about it. I don't need to if Google believes that I am in fact the copyright owner. Personally I don't care if has the article there as long as G doesn't index it.
You don't have to "prove" anything to Google or a web host for that matter. If you wind up in a CI civil suit in court then you will. Go to the wayback machine and you should be able to print out copies by date of your site and theirs showing you had the original content.
Your DMCA Complaint is a legal document and should specifically address
1. Your content/text/image/whatever that has been copied and give the location (url).
2. List what was copied and the url where it can be found.
I believe you have to go a bit further with regards to search results but that is covered on the Google DMCA page.
At worst Google does nothing.
At best they remove the site from the index (and search results.
I do not inteed on suing this person.
Then why publish content to make money?
You only use legal recourse to protect your business and it you never intend to use that legal recourse don't bother filing a DMCA because if it fails, a lawsuit it the next step.
Thanks for the advice. I was wondering if I needed to prove anything to Google. They don't say anything about on their site but now I know, so thanks.
BTW the last I heard, the wayback machine is not admissible in court. I have dated copies of the work on my computer though so proving it's mine wouldn't be impossible.
I don't intend to sue this person because he lives in a foreign country that's very far away from where I live.
From what I understand, I have to sue that person in his own country. Am I wrong?
As far filing complaints without the intent to sue... I would change my mind in a heartbeat if I thought it would be cost effective to do so. In any case, filing a DMCA might mean that I don't need to sue anyone so it's worth a try.
You guys know anything about the Bourne Convention? I've been reading about it and it seems like any country in it (most are) should respect the copyrights of persons in other countries. I've not really seen anything about enforcing it though. It would be nice to have some "ammo" against ISPs in foreign countries. For the moment, the offending website is hosted in the US but the owner insists he's going to move it outside the US if I persist to "harass" him.
Anyway, I'm off to learn more about AUP violations. Thanks again for the tips.
I'm pretty sure this guy will fight it. He's been a real ass the entire time.
However, there is an upside. I had a partial ban on that site which just got lifted so my version went to #1 for all meaningful phrases associated with that article. His copy fell to like 600. Karma, maybe...