Forum Moderators: not2easy
I can't complain to his web host because he's apparently running his own server. I could send a DMCA complaint to Google, but this guy has made it clear that he would just send a counter notice claiming he's free to use my work on his site, and Google would automatically reinstate him, so I'd be wasting my time. I can't afford a lawyer, while this guy clearly can (hence his taunting).
It's not a very long article (and he's using an older version which contains some errors, the fool), and his site's not going to be getting a lot of traffic (it's his personal website) so it's not a big deal financially (except when you multiply it by all the dozens of other sites using my articles), but it really burns me up that he thinks he has a right to steal my work instead of writing his own article (he actually said that my request that he remove MY article from his site "infringes on his basic rights.")
As far as I know, there is no advocacy group to help small website owners combat copyright theft. So I'm stumped. For all practical purposes, this guy is right -- he is free to use my work without my permission because I don't have enough money to sue to stop him. Anybody have any ideas what I can do about this?
Have you searched the archives here on this subject? I remember a lot of threads on this topic over the past several months, which included a number of suggested actions....
Let us know what happens!
(By the way, he didn't say Google would reinstate him, that is my presumption based on Google's policies. I know he would send a counter-notice, and I don't think Google has the resources or motivation to check into whether his notice is truthful. I'm also concerned about Google potentially giving this oh-so-nice guy my name and address. But I suppose I should complain anyway.)
Stolen Content: What To Do First [webmasterworld.com]
Most likely, once he sees you are serious, his lawyer will tell him that it is cheaper and easier to remove the content and cut a settlement check.
For one thing, if he really has a lawyer, the lawyer would already be telling him he is in the wrong, and to stop doing what he is doing.
I didn't do anything at all, and no plan to do anything unless it damages my site somehow. It's not worthy it.
I've been talking to a few laywers for other matters lately. The one thing I found out is that if you want to go through a expensive litigation process you need to calculate what you get if you win and what you lose if you don't.
There're 4 ways to resolve business dispute 1) negotiation, 2) mediation, 3) arbitrition and 4) litigation.
fairla, you may not like what I said here. In your case, I'd say ignore it and spend your valuable time on more improtant things.
If the guy causes damage on you or makes lot of money out of your work, go after him.
Most people who run their own servers are not large enough entities to obtain their own IP address blocks, or establish their own connections to Internet backbones. Thus, they still typically have "an ISP", and are generally still subject to some form of Terms of Service.
I totally agree.
We get copied etc a lot and I/we could spend all our time chasing it.
We get on with new projects and earn more dollars which we find is,in our case,better utilsation of our time.We earn more than we would by winning litigation.
MM
If the site owner does appear to have financial resources, consider speaking with an attorney. JudgeJeffries posted a while back about how his attorney was able to extract a quick settlement when he caught a large firm stealing his content. An attorney is definitely the place to go for legal advice that is correct and relevant to your situation.
I still haven't decided what to do about this one. I let his taunting annoy me too much. So I'm trying to cool down before deciding whether to pursue it further. Thank you very much to everyone for the suggestions.
I have done the following with great success:
1. demand that all content they are using without written permission be removed immediately
2. demand that the infringer pay the costs of my attorney (whether I have involved them or not at that point)
3. and that they do both within 24 hours or I will take further action.
I also remind them of the fact that my content is registered with the US copyright office. And this makes a big difference. It is a good idea to register you work and that is as easy as registering your website and updating that registration at least every 6 months if you have added new content.
I send this letter to all contact information, including their host/ISP and all registrant information in a Whois search.
Usually that is enough. In my cases, the webmasters have taken their sites down, mostly because I do not identify my content, so if they are making a practice of infringing copyrights it has a greater effect.
If my content is still on their site 24 hours later I would send DMCA complaints to everything connected to them in the United States.
Remember that your intellectual property is valuable and in my opinion you cannot afford NOT to take action to protect it.
That is not true, you can complain to his webhost and his datacentre. But to get them to do anything, you may need a solicitor's letter.
