Accused with DMCA via AdSense Program

[rash]

Recently I received a DMCA notice from Google Adsense sent by some xyz website accusing us of copying their ideas (navigation styles, url style and having same category names). We did not copy a single ounce of content from their pages however they laid emphasis that we have top, left and bottom navigation and they have it as well. They also said our url is like them and that our article titles match that of theirs. We are different than them in a lot of aspects like:

1. We have a different HTML/XHTML and CSS (Design) code and that our site colors don't match theirs at all. So having merely top, left and bottom navigation amounts to copyright infringement?

2. URL structures are quite generic and many sites follow the same structure for example like - www.***.com/articles/article-title.html. So, again does this amount to copyright infringement?

3. They say our categories names match those of theirs. Again, having merely same category names (which are again quite generic in nature), amounts to copyright infringement? And not all of our category names are similar to theirs, in fact just some base categories match and that we have an entirely different sub-categories and sub-sub categories.

4. Article titles, are also commonly found to be the same on many websites. Amounts to copyright infringement?

They say we have an intention to mimic their business style but isn't having ideas, expression, creativity and discovery out of the scope of copyrights?

I am totally confident that my website hasn't copied any article content or design style or coding from their website. I am totally depressed that my website's ad-serving has been disabled and that I cannot do nothing. I live outside the United States and am fighting with a giant company. So, small companies like me should bite the dust and do nothing about these companies who think competition should be eliminated and small companies should be uprooted from their existence on the Internet?

I responded with a counter notice to Google and waiting to see if everything turns out well. Can you guys help me on how I can proceed with this? Thank you, Webmaster World is my last resort.

[farmboy]

[google.com...]

[martinibuster]

nomis5, the OPs article titles are the same, too. It's not just a case of product names being the same on an ecommerce site, it's article titles, too. Just an opinion but I think it's going to be difficult to convince Google that the article titles plus everything else that is similar is entirely a coincidence.

>>>Is the complainant required to contact you directly first...

No. But some feel it's a good policy in order to avoid creating an enemy. Nevertheless some sites have inadequate contact information and this can force the DMCA into play.

[anallawalla]

I have filed a DMCA complaint and often there is no easy way to reach the infringer. You won't know if the right person saw your complaint. So file it immediately if you are sure that you own the rights.

[rash]

fredw, I don't know about the specific regulations but the accuser in its complaint mentioned that we don't have a contact us page and that we are trying to hide our identity. Everyone who is associated with web technologies is aware that whois information is just for that purpose. However, we now have our contact us page up. Sad, this is all! and yes, file a DMCA with a lot of details and similarities and your competitor's ad-serving is disabled (at least until the counter notice reaches Google, if it reaches at all)

[koan]

Every legit site needs a contact page. The email address listed with the WHOIS info doesn't often work, is checked maybe twice a year or the account is filled with spam, it's not reliable.

[rash]

Wasn't aware of it koan, it is up now though.

[adamxcl]

I once had someone complain against a site of mine. They said I used the color green for a money indicator like they do. I hadn't known that green and money were invented by their 2004 site. I also used the most common two word phrase in an industry for navigation links like they did. I had a navigation bar on the left side of the site. They had a half dozen other crazy generic things on a list (which I had been using for years before they existed). I replied with an offer to send them my conference handbook from Search Engine Strategies which had just about all the listed things under the Danny Sullivan beginners session back then. Never heard anything about it again.

[Future]

rash

Can you share what is the conclusion of entire topic will be very helpful for people like us to understand if we can or cannot use
URLs structure like wikipedia
SEO structure like webmasterworld
navigation scheme like BBC
OR a combination or a mixture of any of above it is really frightening to hear your case.

[explorador]

it is really frightening to hear your case.

I agree, but after reading the whole thread, there are many things that should have been covered or at least seem confusing...

(on copied content by a member of your staff) No, that isn't the problem. I am personally aware of each article, none is copied.

By being aware you mean, you read the articles yourself? did you check the articles on a Search Engine first? both? The only way to be sure an article is original is writing it yourself. Otherwise, check online, on search engines and via CopyScape. Some freelancers have very confusing concepts on "research".

After reading this whole thread over, rash, more and more I wonder if this was a nuisance filing by a competitor, hoping to knock you off-line....

Could be, but the cache or internet archive could help to analyze who did what first.

I've been copied, now I post new stuff OFF the front page first, then to the front page. I give some time for the url to spread so the crawlers can find it before anyone sees it on the FP.

However, we now have our contact us page up

Please don't take it as an attack, I don't mean it that way, but how is it you didn't have a contact page?. Perhaps not a form, but a page with contact info is a must. The whole nature of a website is to be found and receive feedback one way or another, also business opportunities, complains, etc. I guess we all want to hear from our visitors (...wondering...)

I guess...

• Unless you design your own site, check the code or any clue that might help you to find out if is a template or if it was copied from another site. (I work for a big media company and received a proposal from a big web-design company... I found out they offered the same to our competitor AND it was a free template modified.
  
• Never omit a contact page, is a must. Don't erase the emails, it will help you in the future. And if possible, log the IP of the incoming emails. Useful to trace or identify abusers-attackers.
  
• Try to store contact emails on the server too (files, database) as sometimes emails get caught into the spam filters.
  
• Post stuff on the web in a way that might be spidered before moving it to the front page (tricky, boring, I know)
  
• Unless you write your own articles, check EACH & EVERY article on the web before posting. You might be surprised what you could find out.
  
• Consider Google and CopyScape (search engines in general) as a tool to check for copied content on the articles people send to you
  

Good luck, please let us know how the problem goes

[rash]

Future - Can you share what is the conclusion of entire topic will be very helpful for people like us to understand..

Sure, I would and want to, I am just waiting for the required time frame to elapse.

explorador - By being aware you mean, you read the articles yourself? did you check the articles on a Search Engine first? both? The only way to be sure an article is original is writing it yourself. Otherwise, check online, on search engines and via CopyScape. Some freelancers have very confusing concepts on "research".

Yes, explorador. I do read each and every article, check the same on search engines and use copyscape as well. So, I am very much sure that no content is copied from anywhere.

explorador - Please don't take it as an attack, I don't mean it that way, but how is it you didn't have a contact page?

We are a pretty much new website and changes to the design and code are pretty usual. We had that in mind to have a contact page but it wasn't on priority because we always believed that whois information would serve the legal purpose. Also, seen that even Google.com doesn't have a direct contact page or support email, so never knew that companies are treated legit merely by having a contact page. Our email at the whois information is working and we do respond to everyone who tries to contact us with that email id. However, as I said earlier, we had a contact form, but it was only for registered members.

I would also like to thank you for the suggestions you made but I tend to disagree on the third-last point as it hampers SEO. Crawling of in-depth links is slow and takes a bit of time so having the link on homepage eases things out a bit and articles are crawled faster.

[gamiziuk]

My mind thought "patent" but my fingers typed "trademark"

Ah, you have the same kind of fingers I do.

I believe one of you needs to file a DMCA complaint!

:P

[jojy]

now if husband or wife will ever fight they will contact adsense! This is nothing to do with adsense. One should directly contact to company and resolve issue and if still nothing happens contact your lawyer!

[rash]

Ok ads are back and running, let's see if the xyz company files a court case, in that case I have talked to my lawyer.