Unfair penalty for stolen content

Competitor stole content, gets indexed faster!

[flowermark]

My website's traffic and PR are being affected by a competitor who is copying every new article we are putting out there.

For some unknown reason, this spam site gets indexed before we do, so it appears to Google that WE are stealing THEIR stuff. (Our theory is that they are either using Google Sitemap or that their GoogleAds get them indexed faster.)

We can conclusively prove that we are the original copyright owners of our content and have hired an attorney to proceed on DMCA. However, the lawyer is a cautious person and has been dilligently gathering information for the DMCA prosecution--in other words, it will take at least a week before DMCA notices will go out.

In the meantime, I'm seeing PR drops in the latest Jagger update. Since we don't do any SEO tricks to our site other than adding articles, I believe we are being penalized because we're considered the "spam" mirror of our competitor instead of the other way around.

I have two questions:

1. Are there other ways besides DMCA notices to get Google to take a look at the site? I considered using the spamreport at Google but wasn't sure if that is the appropriate place to air the grievance.

2. Even if Google complies with the DMCA and remove the other website from its index, will Google go back and reexamine our PR and fix any unfair damage that has been inflicted by the competitor's website?

[kaled]

from [ipwatchdog.com...] myth that an idea can be protected frequently stems from what many call the "poor man's copyright." With the poor man's copyright you simply mail your work to yourself and that is believed to somehow protect the idea. It is absolutely critical for everyone to understand that mailing your idea to yourself will do absolutely nothing to give you protection. If you do have original expression that is fixed in a tangible medium of expression it is copyrighted immediately, but not federally registered. All that mailing your work to yoruself will prove is that you had it as of a certain date, and that is only assuming there is a postmark on the envelope (which does not always happen) and the envelope is not opened. It provides no rights whatsoever.
I must say this is an amusing piece of confused twaddle. Why confused? Because ideas are not protectable thus it is correct in saying that mailing an idea to yourself provides no protection for the idea but then it calls it "poor man's copyright". Copyright exists to protect written works not ideas.

There are some real idiots in this world!

Copyright exists as a right without registration. If a court case ensues you need only prove that you created the work. The idea that you can't sue without registration is utter tosh. Do newspapers and magazines pay a registration fee for every article/edition or whatever whatever? I don't think so.

If someone is writing articles for their website they do not need to go to the expense and trouble of registering every article - that would be just plain silly.

Kaled.

[stapel]

kaled said:

...this is an amusing piece of confused twaddle....There are some real idiots in this world! Copyright exists as a right without registration.

There is a distinction between having a right and being able to protect that right. You appear to be referring to the former; the articles (and legal decisions) are referring to the latter.

kaled said:

Do newspapers and magazines pay a registration fee for every article/edition or whatever whatever? I don't think so.

Actually, on a monthly basis in the US, yes [copyright.gov], they do.

I don't mean to upset anybody, but the legal and historical facts of the issue seem to me to be fairly clear.

Eliz.

To the original poster: As you can see, opinions expressed here on legal issues can be diametrically opposed. So, regardless of the thoroughness of my documentation, you should not assume that my opinions are therefore correct and/or applicable to the particulars of your case. Instead, you should consult with a legal professional -- licensed to work in your country -- for specific advice.

[flowermark]

Thanks for posting so much good info everyone. I'm learning so much here.

Lorel, I checked my competitor's domain name registration and indeed all the info are bogus (mailing address doesn't map on mapquest, email returns an error, the phone number doesn't connect, etc). I will definitely add "cancel his domain" to my to do list.

Jam, I'm sorry to hear about your troubles. It seems we're in the same boat. If anything I tried here works I will let you know.

[kaled]

Here's a thought...

Suppose I steal someone else's work and register it as mine. Can I sue them (and hope to win) if they continue to publish the work? I don't think so. It therefore follows that registration counts for nothing - proof of ownership is all that counts. How you choose to establish that proof is a matter of personal choice.

Kaled.

[arubicus]

"If someone is writing articles for their website they do not need to go to the expense and trouble of registering every article - that would be just plain silly."

[webmasterworld.com...]

This section deals with copyrighting online works.

It may be silly but when trying to PROVE that such data is yours a Registered copyright will help more out of anything:

"Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b" - Taken from [copyright.gov...]

[Lorel]

Hi Flowermark;

Lorel, I checked my competitor's domain name registration and indeed all the info are bogus (mailing address doesn't map on mapquest, email returns an error, the phone number doesn't connect, etc). I will definitely add "cancel his domain" to my to do list.

That is exactly what we did. the population of the town was only 360 and the address number was too large for the street name, the name was not listed anywhere on the internet, the phone number did not appy to that city but to another, plus we called the local phone company for both cities and that name was not registered anywhere and not even for an unlisted number.

We kept an accurate record of our searches and sent that to the domain regulating company also.

PS. while they may have suspended the domain temporarily I'm sure they insisted the culprit produce his true name on the whois or loose his domain, otherwise i doubt he would have done so because this person has denied stealing anything.

[FrostyMug]

if you host on a unix server, you can use .htaccess file to limit access to your files. You can also prevent image leeching and block entire IPs from even seeing your content.

I have an extensive .htaccess file. from ip blocking, to blocking domains who steal images (myspace comes to mind), to redirecting lost 404 files on a global level.