Forum Moderators: Robert Charlton & goodroi
He simply takes my site content and creates a forum post with it. I know it's him, because he's been copying and pasting my content on his webpages beginning a year and a half ago, as invisible text, along with regular bullying, harassment and smears.
I have made a DMCA violation complaint to his host. I learnt a few interesting tidbits that all webmasters whould know.
1. It is the standard operating procedure of some webhosts to reveal the identity and contact information of the complainant.
2. A webmaster cannot be found guilty of copyright infringement and his account cannot be cancelled if said infringements are forum posts. Only if he refuses to remove such posts can his account be cancelled.
Any webmaster can make use of this information and loophole, which greatly favors the aggressor and renders the victim powerless.
It's now easy to googlewash your competition.
1. Install an antiquated message board program that creates hard html files with each post, void of dynamic content.
2. Provoke a duplicate-content penalty on your competition by posting large expanses of your competitor's copy in posts.
3. If caught, play innocent, and remove the post.
4. Repeat if necessary.
Sad.
A webmaster cannot be found guilty of copyright infringement and his account cannot be cancelled if said infringements are forum posts.
IMHO this is completely bogus - you need to pay for a better lawyer.
It is the standard operating procedure of some webhosts to reveal the identity and contact information of the complainant.
Why is this an issue? If I was served a "take down" notice by my ISP, I'd want to know who filed the complaint - wouldn't you?
As for revealing the identity of the complainant, I do see your point. But MSN, for example, when MSN group members are found in violation of copyrights, ask for removal of material in a manner that protects the identity of the complainant. For instance, if a page had 12 images posted, and one was in violation of my copyright, MSN asked that the entire page be removed.
Colin, does Google look at datestamps when deciding which page is the original, and which deserves to be punished with the duplicate content filter?
I think so. I made the mistake of duplicting some content when splitting my site functions earlier this year. Literally a few minutes between the files that were used in both sites and Google banned the 'reputable' PR6 in favour of the newby site. OUCH!
webdoctor, that's what has transpired from my lenghty discussions with the webhost. They are telling me that because they are forum posts, the webmaster/moderator must take them down, but he cannot be "guilty."
I don't you should be talking to the webhost - your lawyer should be talking to their lawyers.
The webhost can claim the Safe Harbour provision of the DCMA and say that responsibility lies with the client (the domain owner).
I doubt very much that the domain owner can pull the same trick - just because they're running a forum site doesn't make them an ISP and able to claim Safe Harbour.
IANAL but I'd say whoever owns the domain is responsible for all the content displayed on it. That's why running a forum can get you in to such deep sh*t.
But I really think you need to get yourself a (better) lawyer. Don't let the web host talk you out of claiming damages. If your copyright has been violated you should be claiming them.
