Copyright infringed articles

Website promotion articles, infringement copyright

[joseph_lee]

We are almost driven crazily by a competitor who stolen our site content, the stealer copied content from two of our most important pages and wrote into articles, then published the articles in dozens of site to promote their service and website.

We sent two emails to owner of the site on January and August of this year respectively, but got no any replies from them, we also sent fax to them and called them several times recently to remind them the infringement, they still give no any answers.

We tried to contact article websites directly but the results are very limited, only very few of article websites took action to remove the infringed articles, what's worse, the number of articles they publishes are not 1 or 2 but many, it will be very time consuming to contact article websites directly.

We are going to sue the company, but one question we encounter is how to proof their articles were published by them. The infringement articles are not published their own website, instead, they were published in different article websites. One fact is that all articles point to their website and the author's purpose to publish the articles can be very clear: to promote their service and website.

Does anyone have idea or experience how to collect proof and stop their infringement action? I really appreciate your advise.

[edited by: encyclo at 11:38 pm (utc) on Aug. 23, 2009]
[edit reason] no specifics please [/edit]

[D_Blackwell]

There are a lot of lawyers looking for quick buck cases. Document everything and consider finding an internet attorney that will take the case on 100% contingency. Do the work of preparing a solid presentation and 'proof'. That is, they can have whatever they can get (motivating). You get payback and and more takedowns that you could ever get on your own. The attorney will target the original infringer for a payoff, and each site using copyrighted content for takedowns. He cooperates and settles quickly, it costs less. He wants to fight or drag it out, it costs more. An attorney that is ready to go may adjust his attitude right quick. Makes no difference to you. The takedowns will be taken a lot more seriously by the infringing sites when a real lawyer comes a knockin'. Most will want no part of it. (Unless they are outside of the USA (or your country). That's a whole different problem.

Once you make the deal, there is no putting the cork back in the bottle. The attorney is going to expect to cash in if they take the deal.

[koan]

Those "articles" sites are cesspools of copyright infringement or slightly rewritten articles for the sake of link campaigns. They don't seem to check for duplicate content and should be held responsible if they do not react quickly when notified.

[joseph_lee]

Thanks Blackwell, it really helps. The infringing site is in the USA, could you please advise me where I can find a suitable lawyer for this case? we are going to take legal action because of bad attitude they have on this issue and too many infringed articles they spammed.

[outland88]

Since most articles sites utilize Adsense best thing to do is fax a DMCA to Google Adsense with the offending url’s. If the DMCA is clear and concise Google will kick all the pages out within 6-72 hours. Yahoo in many cases will remove the entire offending site permanently but you have to produce strong material evidence. You can make copies of the offending pages. Most offenders get the message that all their time has been wasted. If you contact sites individually you’ll expense immense amounts of time. Google has some pretty cozy relationships with many article sites and the sites themselves don’t want to loose the Adsense income so they comply quickly. With some of the responses to the DMCA the article sites will hand over the info you’re seeking so as not to be viewed as culpable in the matter and to claim safe harbor under the law.

Remember when you go directly to the source, as you’re doing, a reply back to you can be seen as acknowledgement of infringement in a civil suit. You need to seek leverage and it often comes through approaching a third party, which is likely Google Adsense in your case. It is also important to remember that an unjust accusation of copyright infringement can get you into a lot of trouble if the case is flimsy.

As for attorneys in the US most will require they send the DMCA to create an open and shut case (many judges request it) and to show fair play was extended. I don’t know of many US attorneys that do these cases on a contingency basis.

[D_Blackwell]

It is also important to remember that an unjust accusation of copyright infringement can get you into a lot of trouble if the case is flimsy.

If minor, then I would stay with a tried and true C&D. Expressing deep concerns can go a long way and get the job done, but it is well short of explicit accusation.

If clear and can be documented, but they are even a little bit 'recalcitrant', a DMCA to the host will do the trick.

If extensive and ironclad and easy to document beyond question, then I just don't care anymore. I want blood.

As for attorneys in the US most will require they send the DMCA to create an open and shut case (many judges request it) and to show fair play was extended. I don’t know of many US attorneys that do these cases on a contingency basis.

I've seen two all the way through and wouldn't hesitate to do it again. 'Fair play' is the lawyer's problem. I don't care anymore. It was, to be sure, a pain in both cases to get someone local referred that would take them. I have a good attorney here, and they found me someone that they felt comfortable with handling without botching. That's why I offer the whole payoff. Whatever they can get within the law they can have. I don't want money, I want to inflict pain. My requirements are minimal. Complete takedown of my content and an attorney that wraps it up in a bow, and that leaves me with clean hands.

Both 'cases' wrapped up very quickly once they were taken. The pain/cost/hassle of defending deemed cheaper than paying off. These were guilty people caught stealing almost entire websites. Took longer to get hooked up with the right attorneys than it took them drop the hammer and wrap it up. Not justice, not even close, but the closest I've ever come to getting any.

I wouldn't bring in an attorney unrecommended (too risky), but it's a small world in the end - like any other profession.

[joseph_lee]

We later understand the fact is our competitor hired a web optimization company, it is the web optimization company they hired who posted the infringed articles.

There been more than one month since our competitor said they will remove all infringed articles, but there are still a number of infringed articles not yet removed so far. We received an email from the competitor yesterday, they ask us talk to the web optimization company directly, and the web optimization company said they "don't have any control over the unremoved links. Those are republish articles, anyone can do this. All we can do is to write a request to the site to remove it. That We already did it. Then it is depending on those sites to remove it".

Obviously, our competitor put resposibility to the web optimization company, and the web optimization company put respobility to the articles directories, what can we do then?

We searched internet attorney from Google and sent emails to several internet attorney based on Blackwell's suggestion, but did not receive any replies, does anyone know where to get suitable internet attorney?

[Syzygy]

You might be able to handle this yourselves.

1. Make sure that you have documentation to back up your claim that the material they have copied belongs to you.

2. Search for 'cease and desist'. See if you can find a 'cease and desist' letter template. Fill one in and send it to the competitor and the optimisation company. You could also look for a 'take down' letter template.

3. [google.com...]

Read it carefully and see whether it is suitable for your situation. Better still, find Google's DMCA form in your native language. It will make your life easier.

4. Contact the service provider hosting your competitors website. Advise them of the copyright infringements and that you are seeking their cooperation. Tell them that you will sending a 'Cease and Desist' or 'Take Down' letter or a DMCA to everyone involved.

Good luck.

Syzygy