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1. What I want to know is since there is now 2 exact copies of my site, is google penalizing me for spamming?
2. I was hoping that I could change the text content of my site a bit (changed about 10 words per page), and perhaps google might now recongize my site as a different site? or No?
3. Is there a way to report them to google?
4. If there is a way, will google know the difference between the 2? I mean my site has been updated already, but the cache from google still show the exact content.
I'm new to this forum, and I apologize if my post was confusing. Any help is appreciated, and thanks for reading.
Amputater
Maybe put the url in your profile so folks can check it out.
Provided you own the copyright something like:
It has come to my attention that you have copied my pages and reproduced them on your website at the following uRL:
blah.com/blah.html
blah.com/blah1.html
etc.
The content, coding and images are clearly labled copyright to MyCompanyName.
Please remove them immediately from your server.
If this is not attended to before (say give em 2 days)
legal action with be taken under the copyright law of the yadda yadda. (whatever country etc)
Works well usually, if they do not do it next step is a hardcopy legal letter to them with a copy to their hosting company. The lawyer will know how to word it.
Hope that helps.
You CAN report this to google.
It is easy to do.
I usually report it to the webhost.
You can get sample dmca letters from various places on the internet.
Shouldn't take you more than an hour.
(typos, grr.)
[edited by: Woz at 7:56 am (utc) on Nov. 2, 2002]
[edit reason] helped a little with spelling of domain. :) [/edit]
However, it shouldn't come to that. The other person is most likely to see the moral case.
Let us know what happens
Hee. They always remove it, although I've gotten every reaction under the sun:
"I wrote that article a year ago!" (Oh really? Well, it has been on my site for 2 and a half years, so you must've borrowed my copy.)
"I would never steal content. I got that from our corporate site/a friend/an employee." (Ok, then they stole it. Either way, you've got stolen material on your site.)
"Oh. Um. I'll remove it. Sorry about that."
Welcome to WebmasterWorld
Chris_R is correct. The fastest way to get it removed is to file a DMCA complaint with Google. (You should also file one with the host of the offending site).
Here is where you start [google.com].
It is amazing that it always seem to be the lawyers who point out (quite rightly I might add) how your first action shouldn´t be to threaten the other party but to state your claim nice and politely in non legal terms.
Andreas
Here are some reasons why I like using the DMCA:
1) Usually - with exact copies - you are dealing with people who have no clue about the web or are kiddies. This gives them the beatdown.
2) Most Hosts ARE in the US (I THINK) - simply because they usually have the best deals. I have tried for friends to find good hosts outside of the US to little avail. Most people who buy are in the US. Hosts in the US give better performance for this reason.
3) Google is in the US.
4) You do not need to be a lawyer or hire a lawyer to do this. Here is an example of the DMCA request I recently filed:
ATTENTION:
[HOST'S NAME ADDRESS AND EMAIL]
FROM:
[MY NAME ADDRESS AND EMAIL]
Digital Millennium Copyright Act Notification
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(3)(A), I hereby notify you of the following:
-1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SEE BOTTOM #5 & #6
-2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
The following pages belong to me and are those infringed upon by those sites listed in #3 below. They are listed by letter to correspond to those sites listed in #3 below:
**** FOLLOWING SITES ARE MINE – AND NOT THE ONES I AM ASKING TO BE REMOVED ****
A) [URL]
B) [URL]
C) [URL]
D) [URL]
E) [URL]
.....
Y) [URL]
**** ABOVE SITES ARE MINE – AND NOT THE ONES I AM ASKING TO BE REMOVED ****
-3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
The text, meta tags, html design, linking structure, and/or layout of the following sites infringe upon my copyrighted works:
A1) [URL]
A2) [URL]
A3) [URL]
A4) [URL]
A5) [URL]
A6) [URL]
B1) [URL]
C1) [URL]
C2) [URL]
C3) [URL]
C4) [URL]
C5) [URL]
D1) [URL]
D2) [URL]
D3) [URL]
....
Y1) [URL]
-4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
[MY NAME, ADDRESS AND EMAIL]
-5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
I have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law.
_____________________
[MY NAME & SIG]
-6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
I hereby swear and affirm above under the penalty of perjury that the above information is accurate and that I am authorized to act on behalf of the copyright owner of an exclusive right that has been infringed.
_____________________
[MY NAME & SIG]
DATED: [DATE]
I just faxed this to the number listed with the copyright office - and then got a call the next day from the host. They took care of it.
5) This works very well with hosts listed here:
[copyright.gov...]
Other hosts often do not understand the DMCA or do not wish to comply with it. Hosts DO NOT have to comply with it, but if they do - they have IMMUNITY against any civil suits.
For this reason - many choose to do so.
6) Many times - people doing blanket copies of sites have fake whois info.
7) It just isn't worth my time dealing with someone who obviously doesn't care about copyright law - when I can spoend two minutes looking up their host, two minutes changing my form complaint, and two minutes faxing it to them.
It is free, it works in many cases, and hopefully will get the copyright theives to think twice in the future.
It is amazing how everybody points straight to the DMCA as if it were universally applicable, when in fact its power is limited to just one country namely the USA.
While you are correct that the problem is probably solved just as easily with a phone call or email, you are misinformed about the DMCA.
Google, when notified that they are linking to an infringing website, must remove the links, unless the other party wishes to make a counter-claim.
Google is in the USA. The law will apply to Google no matter where in the world you might be, and no matter where the infringing site may be.
Even if you can't get them to take the content down, you can make sure that it's not listed in Google's index. Try email/phone first, though, it's faster and almost always works.
Google is in the USA. The law will apply to Google no matter where in the world you might be, and no matter where the infringing site may be.
The DMCA will certainly apply to Google. The question will then be which law is used to determine whether a site infringes on somebody´s copyright. Fair use privileges seem to allow more in some European countries than the DCMA allows.
However, I was referring to a different situation. If I used somebody´s content I couldn´t care less about a cease and desist notification pursuant to the DMCA since I am in Germany and German law will apply.
I did not try to claim that US law was not applicable in the US and to corporations registered or doing bussiness in the US. I merely tried to point to the fact that the USA is not the only country in the world and that US law is not applicable world wide.
Andreas
If I used somebody´s content I couldn´t care less about a cease and desist notification pursuant to the DMCA since I am in Germany and German law will apply.
It is the HOST that matters. You would never get a DMCA notice (although mosts hosts will send you a copy for you to respond to if you wish). If the host is in the US - then they can follow the provisions of the DMCA. Any host that follows the DMCA doesn't care where their client lives.
Of course - if the host is in germany - than they are out of reach of US law. Some may choose to comply anyway - just as some US hosts may choose to not follow the DMCA.
The DMCA is a law that gives PROTECTION to hosts in copyright claims - IF THEY FOLLOW its provisions. No host has to, but then they can be sued along with the violator.
The DMCA doesn't work in every case, but in the case provided - it would work fine. Send it to the host - or if the host is outside the US - or chooses not to follow the DMCA - then send one to google.
Point is - if the person is copying your content - and are in google - you can ALWAYS get them out of the SERPS by using the DMCA.
I have come up against one particularly hard case though who I had to issue a DMCA notice to the hosting company they used. The site was removed but he issued a counter claim (perjuring himself) and the site was right back up again:-(
Basically from there you have to move to getting a lawsuit happening. We are currently putting this in place but you will need $10K minimum to get this happening.
Unfortunatley with the Internet, sites can be changed instanta and ownerships of domains transferred just as easily. In other words, it can be hard to pin offenders down.
This to my mind is one of the fundamental failings of the whole DMCA thing. What is badly needed is a tribunal or similar mechanism to deal with small-ish claims.
Ping the website and get it's IP. Run(don't walk) over to [arin.net...] and type that IP in. This will tell you fairly accurately where the site is hosted, and who the upstream provider is.
If the upstream provider isn't the host, they ought to be able to give you the contact info of that host, (or if all else fails, send the violation notice to them).
What type of site or industry is your site in? I have had some similar problems with my sites my not to that extent. They just copied bits and pieces of my site. I can't really prove much with it.
Thanks, Mack
I doubt most are much older than 20.
The last site of mine copied had all my advertising and links intact. Only changed the name of the site. I don't get it. If you are going to steal - steal for money.
1. What I want to know is since there is now 2 exact copies of my Site, is google penalizing me for spamming.
(your Site will not appear with your main keywords,but their Site will have the same problem now and then)
You have to change more then 10 words,to be sure change 50%.
swede
