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Then pasted my article.
I contacted Google/Blogger about this and they sent me this email:
What should I do if the person doesn't take the article down?
[edited by: digitalghost at 2:45 am (utc) on April 21, 2006]
[edited by: rogerd at 2:57 am (utc) on April 21, 2006]
[edit reason] No Email Quotes or Specifics Please [/edit]
--That's an honest "If". I really don't know how Blogger's system is set up.
Maybe someone who has more experience with this can chime in, but my understading of the DMCA is that if they host the content, and you file a DMCA complaint, they must take action of one kind or another.
I have had plenty of experience with DMCA reports and web hosts (not blogs) but maybe this will help. Some hosta will remove the content immediately upon receipt of a DMCA (usually freebie hosts) if you provide enough proof that anyone with eyeballs can tell who the original owner is.
Other hosts will reply to your DMCA with a letter saying they have told the other person to provide proof they own the article. And if they do (even though it may be a lie) the host will do nothing about it and tell you to take the person to court, i.e., they will bounce the ball back in your court.
Sooooo, the more proof you can offer in the original DMCA the better your chances are they will force the other person to remove the content.
Except for official copyright registration of your article the best proof is 3rd party proof. If your article has been online more than a year it will be included in the WayBackMachine so use that as one of your sources as proof that you had it online longer. If you posted it on the internet in a newsletter with dates on it that may be sufficient proof that you posted it first. One method to get good 3td party proof it to get a browser copy of your article (a copy that saves images, code and html) as soon as it shows up in Google's Cache because it also has a date on it.
However, none of those prove who actually wrote it. If you have a Copyright registration Number, that is the best proof.
Then, I went ahead and filed a DMCA with Google (without asking them if I should.) I mailed it all by snail mail and the thing must have been 30 pages long. It wasn't long before Google responded, saying that the situation was rectified. When I checked, the blog was "redone" and fresh. Everything was deleted and a new one was up.
I was happy with Google's quick response but surprised that they allowed the person to keep using their service, given the severity of the violation. Of course, I'm assuming the same person took over the URL, which I do believe is true, but not definate.
Terms of Service
Someone is linking to images on my server, how do I stop this [help.blogger.com]?
Here's [help.blogger.com] their answer:
Blogger is a provider of content creation tools, not a mediator of that content. We allow our users to create blogs, but we don't make any claims about the content of these pages. In cases where a contact email address is listed on the page, we recommend working directly with the author to have this situation remedied.
Additionally, there are measures you can (and should) take to protect your images from being linked to, described in the following articles:
Please follow up with your web host if you have any questions about implementing these techniques.
That's not an answer.
That's an excuse.
(And man, that last line is almost as obnoxious as if they'd said, 'Please reinstall your system software.')
"Copyright © 1999 - 2006 Google"
Blogger can 'say' it's not responsible till the cows come home, but when leading blog and group sites accept DMCA notices, and even make it easy to file same, it's outrageous Blogger tries to shirk responsibility.
Instead, by doing nothing, they re-victimize their members' victims.
(Aside: It's even semi-outrageous Google doesn't accept DMCA notice of copyright infringement [google.com] via e-mail. I've filed multiple DMCAs with Yahoo, MSN and MySpace against their members' copyright infringements and they've ALL enabled e-mail filing, and some even web forms. And they've ALL yanked the infringing materials.)
What would happen if you opened several different blogs and posted copyrighted material from some gigantic media corporation? Would they care then?
Suggesting of course, you are the low-life. Shameful, IMHO.