Forum Moderators: not2easy
And, I know, I know, none of us here are able to give legal advice... But can you do it? Can you skip the C&D?
But ask your copyright lawyer if it is a wise move.
One reason content copying is so prevalent is that offenders assume that the worst that could happen is that they'll get a nastygram telling them to remove the content. Some "shoot first" lawsuits might go some way toward changing the perception that content copying is a low-risk strategy.
One reason content copying is so prevalent is that offenders assume that the worst that could happen is that they'll get a nastygram telling them to remove the content.
Well, that *is* a pretty safe assumption with small websites.
Doing much more than sending a DMCA takedown notice is more than most webmasters would do once they find out what is involved.
If you are up for it, then go for it. If you aren't, stick with the C&D knowing that most often, they will then just go find another easier target.
I'm guessing that since hannamyluv posted the question here instead of asking a lawyer, they have not looked into the costs involved. This ain't small claims court.
Though I wonder if you can do that across state lines..
IP lawyers don't come cheap, so a "sue first" approach could be expensive if you aren't a lawyer yourself or have one on your staff.
Some other things you could do that wouldn't involve actually filing suit but might cause the offender some grief include contacting their web hosting firm, the major search engines, their domain registar, the owner/CEO/top dog, any contacts listed in the WHOIS record, etc. If you send a detailed, accurate batch of documentation that clearly shows their site has stolen your copyrighted content, you'll probably achieve a pretty good multiplier effect. I.e., the time it takes them to sort out the mess on their end will be multiples of the time it took you to get the ball rolling. ;)
What's wrong with filing a small claims court claim?
Because in the United States, copyright cases are the exclusive domain of the federal courts. If you file it in small claims court, you will have wasted your filing fee. The best you could hope for would be the judge giving you the very good advice to get a lawyer, because you have no clue as to copyright law if you filed a suit in his/her court.
And just to make it more interesting, the preferred district court for copyright actions is where the initial infringement took place. That isn't set in stone, but you will need a very good argument if you want to be sure to keep the case in a local to you court.
Some other things you could do that wouldn't involve actually filing suit but might cause the offender some grief include contacting their web hosting firm, the major search engines, their domain registar, the owner/CEO/top dog, any contacts listed in the WHOIS record, etc. If you send a detailed, accurate batch of documentation that clearly shows their site has stolen your copyrighted content, you'll probably achieve a pretty good multiplier effect. I.e., the time it takes them to sort out the mess on their end will be multiples of the time it took you to get the ball rolling.
Definitely the way to go. if they are too lazy to create their own content, they are probably too lazy to fight.
But it is also good to understand the limits of the DMCA takedown notices. If they argue the point, the host then puts the content back up and you have to go to court.
Like you said, IP lawyers aren't cheap, and they are only likely to tak a case on contingency if you are going after someone that has enough money to cover the award. And if you want to go after an injunction, you better have enough money sitting around for the bond.
And don't plan on getting right from an infringement suit, do it because it is the right thing to do. You are only likey to pocket a decent amount of change if you are going after a reasonably large business, and they are the sort that have a big enough warchest to fight back.
I'm not trying to dissuade anyone from filing an appropriate lawsuit, but before you start playing that game, you better make damn sure that you know what you are doing.
It's apparently not particularly easy. You have to swear on penalty of purgery that you didn't steal the content.
Also, if it is a throwaway domain then really, what have you accomplished.
Will we go straight for the jugular? I don't know. That's up to the boss lady. ;)
I read somewhere that few people contest a DMCA.It's apparently not particularly easy. You have to swear on penalty of purgery that you didn't steal the content.
Of course few people contest it. That is why the takedown orders are generally the way to go .
But it is particularly easy to contest the takedown, but it is risky, as you say.
But either way, you have to take that other party to court for any action to be taken once they do contest, and that WILL cost you money.
