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stolen meta-information

what is borderline ethical?

         

thomwien

11:35 pm on Feb 26, 2002 (gmt 0)



Hi
I noticed that on some search engine results, a competing company has identically copied some of my meta-information so that the site description in the results page is the same as mine, I assume to try to improve their search engine rankings. My site has a copyright notification on it. What is the legality behind this? I certainly know it is unethical, but what potentially should I do regarding this?
Thanks.

EliteWeb

11:46 pm on Feb 26, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I told someone this before, and my post was killed. I say this not from experience but from a story. If someone walks into your house and takes your xmas present. And you know who this person is you go in and take the xmas present back. Take yer meta information back (: Theres some people good with computers who know how to walk in the backdoor and take the information back ;) oldskule style.

digitalghost

12:20 am on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It is unlikely that merely taking the meta info will help the offender gain in positioning as metas need support in title, anchors, headers and body text.

The importance of metas are questionable at best. I have pages that rank #1 that have NO metas present.

You might send them an email and let them know that you know. It's been my experience that people that lift tags from sites won't really care about the email either but they may alter the tags a bit.

Proving damages in court over a copyright issue concerning metas may prove difficult.

As a first choice, I would wait and see if the stolen metas help their position. If they don't help, let them waste more of their time stealing metas elsewhere. :)

Key_Master

12:25 am on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



One day their stealing your meta tags, the next day your viewing your entire site on a different domain. I'm with EliteWeb. Make life as miserable as you can for them.

thomwien

12:28 am on Feb 27, 2002 (gmt 0)



It does seem to have helped their rankings and I only noticed the changes in the search engine results page for the competing site today, so they must have made the copies a few weeks ago.
It certainly pisses one off, as I'm sure all of you know, when you work hard to get good rankings, work hard to study all of this stuff, and someone comes along and steals some of that work. I sent them an e-mail and I'll see what happens. My next step would be a polite phone call. If none of that works, is it just best to leave it alone or is there anything (legal and ethical that is) that I can do? (i.e. would the search engine folks do anything to penalize them if I contacted the companies?)
thanks.

thomwien

12:29 am on Feb 27, 2002 (gmt 0)



Key_Master
How?

digitalghost

12:47 am on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Any suggestions other than contacting the offender, contacting the search engines, (that may or may not accomplish something) or pursuing legal action is almost certain to be unethical.

DNS attacks, altering their site through illegal entry, page jacking, etc, are all options that are highly unethical and likely to result in legal action on the behalf of the offending party.

Unless you have the expertise to carry something like that out yourself you are getting in way over your head by asking someone else to do it for you. Typical contacts that would even consider it tend to use words like dewd and skillz and are likely to grab a script for DNS attacks they run from their Dad's PC, secure in the knowledge that as long as they are running IP-SpoofIt they are safe.

Want to make life miserable for them? Beat them in the ranking game.

DigitalGhost

Marcia

1:23 am on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Pausing right here:

>I told someone this before, and my post was killed.

There's also been some content removed from this particular thread right here, since while we appreciate the aggravation of having content or tags swiped and want to lend support, the TOS points out that the board isn't a venue for personal vendettas.

That would include and prompt removal of posts suggesting anything illegal, malicious or similarly questionable, or anything that would cause legal problems for the person posting or heeding their advice. I think all would admit that's a prudent way to go, for all concerned.

digitalghost, you are right on. Thank you!

thomwien

1:26 am on Feb 27, 2002 (gmt 0)



Digital Ghost-
I agree with you here. I am not asking for advice on unethical means of fighting this problem. The business I am in and the competitor is in is a very respected type of business,is not an internet business (used purely for informing and attracting customers, but whoever is doing the site for the competitor has submitted to the engines with my exactly copied information. What I'd like to find out is whether or not there are any definite actions that can be taken. I am in the process of contacting the competitor. I sent an e-mail to one of the search engines involved. If all of this is to no avail, do any of you have knowledge of a similar incident and is it worthwhile taking legal action, possibly based on a copyright infringement? ideas?
thanks...

Key_Master

1:50 am on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Sorry, I don't have the liberal attitude that a lot of the people here have but I think copyright violations are wrong and should not be ignored.

digitalghost, you don't expect others to compete against themselves, do you?

Don't worry though, I'm gonna keep the contents of this post fit for a Telly Tubby.

thomwien,

Start out with the basics, e-mail the offending site and the ISP first. Demand that your content be removed immediately. If they're linking to you, use a javascript sniffer to detect the referrer string in the visitors browser and let that visitor know (via alert box) that the site they just left has stolen your content. Make copies of all copyright infractions. If you have an attorney use 'em. They just send out registered letters (most of the time) but it really helps to put the message across that you are serious.

If that doesn't work, build a web page on your site detailing the copyright violations and make sure that it is indexable by spiders. Also, make sure it contains the offending sites domain name but do not link to it. This way your page will show up on searches for their domain. Hint, you'll remove the page when they remove your metas.

Found any other content that they stole from other sites? Let those webmaster's know. They'll appreciate the notice and there is greater strength in numbers.

thomwien

1:55 am on Feb 27, 2002 (gmt 0)



Keymaster-
thanks, that's the kind of info I need. Anyone else with suggestions?

digitalghost

2:02 am on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Proving copyright infringement may be difficult unless the order or words used are distinctive.

The problem is similar to copyrighting a script that will only function give a particular order and instruction set.

If you used 21 words in your meta description tag and they used the same 21 words in the same order you can argue in court. If you used 3 words for your keyword meta and they used the same three words in the same order Fair Use would more than likely be claimed and result in dismissal.
In any event, damages might be extraordinarily hard to prove so the results of a successful court visit might only be the slight altering of the tags in question by the offending site.

I'd wait on the reply from the competitor. The site owner may have no knowledge of the issue and the person(s) responsible may find that the tactics used cost them a client.

If the description merely states facts, facts cannot be copyrighted and articles are considered fair use to structure sentences.

There are other considerations. I still find it difficult to believe that merely taking the meta tags improved ranking as there is a definite order involved for using meta tags effectively and simply using someone else's meta tags isn't the wisest course of action. Given that meta tags are largely ignored, I would look for other changes that might have been implemented that improved the ranking of the site that lifted your tags.

digitalghost

2:17 am on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



>>>digitalghost, you don't expect others to compete against themselves, do you?<<<

I don't think the metas make that much difference in the ranking.

I certainly wouldn't add content to my site that had NOTHING to do with my site content nor would I devote much time to diverting the attention of my surfers from that content with alert boxes, copyright infringement notices or anything else that detracts from what the surfer EXPECTS to find there.

Personally, I'd remove the meta tags, develop additional relevant content and make sure my site was always above theirs in the ranking game. If they started lifting large pieces of content from my site then I would pursue legal action.

DigitalGhost

thomwien

2:47 am on Feb 27, 2002 (gmt 0)



Thanks Digital Ghost. The lifted tags are 21 words, exactly the same order, exactly the same punctuation, exactly the same description and sentence. I did as you suggested and sent an e-mail to their DNS and I found an e-mail address for the web developer on the competitors source code and sent them a nice message, too. I can't find any links to my site on their site, so I believe their actual submission process used my meta-descriptions. The problem with all of this is that it is now very difficult to tell our 2 sites apart on the search engine result pages and the are often located next to each other. Pretty slimey, huh? Any other ideas from anyone would be appreciated.
thank you

thomwien

2:49 am on Feb 27, 2002 (gmt 0)



Key Master-
Sorry, my last message meant to give you credit for suggesting contacting the DNS.
thanks

Key_Master

3:07 am on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



When one site steals the content of another it can leave the visitor with the perception that there is a relationship between the two sites. The alert box merely lets the visitor know that this isn't the case. It doesn't even have to be an alert box. Many sites simply block the referrer.

Does this detract from Google's site? I think not.
[google.com...]

digitalghost

3:29 am on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



>>Does this detract from Google's site? I think not.
[google.com...] <<

If that page popped up as an alert if I went to Google for a search it certainly would.

Since links from the site that lifted the tags to thomwien's site aren't evident the discussion regarding the use of alert boxes is pointless.

I agree that the tactic of stealing ANY content is unethical, but in the instances of similar transgressions I am familiar with, an email usually cleared things up in a timely manner, didn't require adding any script to any pages, lawyers, alert boxes, the creation of a page detailing copyright violations or anything of the sort.

Hail Occam.

thomwien

3:40 am on Feb 27, 2002 (gmt 0)



Thank you everyone. The way that I checked for links is just by viewing their source. I don't know if there are other ways to hide links. I'm not familiar with Java sniffers, either. How do I go about and definitively check for links?

thanks.

Marcia

6:01 am on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Unless the person is doing their own hosting, emailing the web host concerning copyright infringement is generally effective. most have a provision in their Terms of Service that relates to the issue.

Someone took an entire site I'd done for them, including optimization and design, placed it all on another server, removed my copyright notice from all the pages and replaced it with their name. Their reply when I wrote demanding that they do their own original content, optimization and design and remove my intellectual property was "Make me."

Someone was "working" to promote that host, who hosted AND gave unlimited maintenance and updates for sites along with hosting for $30 a month, including retrieving the files and "moving" the site for them. I knew in advance it was happening because I watched it in the logs.

After "Make me" I gathered all the documentation (screenshots are great for this), and wrote this host, providing links to the copyright office and Ivan Hoffman's site, bless his heart :) My design was replaced as well as my text by the host immediately.

Screenshots at search engines and screenshots taken of the Google cache showing where the shot is taken as well as the copyright notice on the bottom of the pages are very effective and convincing that you mean business.

thomwien

12:04 pm on Feb 27, 2002 (gmt 0)



Thank you Marcia
I've gotten screen shots from the areas of violation. I'm interested in seeing if I get an e-mail response from anyone that I sent a message to, including: the business owner, web developer, host, search engine.
If this turns into more of a fight, I may need to get some of those links that you used to "wise" the folks up.

EliteWeb

5:47 pm on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



:) The chat log shown earlier had a sole purpose to show people really go out and screw people over, I in this instance was that person.

thomwien

9:33 pm on Feb 27, 2002 (gmt 0)



Interesting turn of events today. When I got back to the office this afternoon, I called my competitor and found out that he had no knowledge of this (I believe him- he said he's only seen his own web site a couple of times). Yesterday, I had e-mailed the web host, my competitor, the site design group, and the search engine. By the time I called my competitor today, they had already been contacted by their web host and everyone was very hot and angry. It was discovered that their web design group admitted the violation and said it would be fixed today. I mentioned that it'll take a few phone calls and e-mails to pull the search engine submissions that contain the violation. From my estimation of my competitors response, I believe he's going to fire the design group. Question is, should I sue the design group now that they have admitted the violation, and my competitor would probably help me?
thanks for everyone's input, and I'll keep you informed as to what happens.

agerhart

9:35 pm on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



>>>>should I sue the design group now that they have admitted the violation

I think that may be taking a bit too far unnecessarily.

mdharrold

9:45 pm on Feb 27, 2002 (gmt 0)

10+ Year Member



Thomwien, I am not suggesting this is the case here, but in a more general question.
How do you prove that the content has been stolen from your site and that you didn't steal from their site?
Do the SEs keep track of what page says what and when?

Marcia

9:51 pm on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



mdharrold, that's where the major danger lies, the thieves claiming the reverse blaming you. That's why documentation has to be saved for every site from the very beginning, and copies of correspondence kept. Email and/or snail mail needs to be sent immediately upon finding infractions, letting all parties know that there is fully documentation.

The very safest thing is to copyright the site, which in the US is only $30 for the whole site. But there's a technicality when it's a matter of whether the designer or the site owner have the rights. Keeping copyright by by the designer and granting the client exclusive license may be the answer for that.

It does not pay to sue, since unless there's been a copyright registration done officially it's only actual losses, not damags that can be sued for.

mdharrold

10:01 pm on Feb 27, 2002 (gmt 0)

10+ Year Member



>>The very safest thing is to copyright the site, which in the US is only $30 for the whole site.

If you copyright the site, when changes are made are those covered by the same copyright or would you need to pay again?

>>should I sue the design group now that they have admitted the violation

What would you hope to gain from this? Have you noticed a severe drop in visitors since you noticed the violation? Can you prove that there has been harm done by your lowered position?

txbakers

10:05 pm on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



A Client once found his entire CD lifted on a site - not just excerpts, but the entire album.

I wrote to the person but the email was bogus. I then contacted the hosting company (it was a freebie so there were banners galore) and explained that we weren't happy.

The entire site was removed the very next day with an apology from the host.

Key_Master

10:50 pm on Feb 27, 2002 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



thomwien,

I think you should count your blessings and let the issue go. Chalk it up to a learning experience. You'll be better prepared the next time it happens. Best of luck to you! :)

thomwien

11:29 pm on Feb 27, 2002 (gmt 0)



Yes, I think all of you are correct, there is nothing to be gained from a lawsuit except enriching a bunch of lawyers. I have kept copies of all correspondence and screen shots. I also keep copies of previous versions of my web site, so all records are intact. As far as having to prove anything regarding who had the meta-content first, I would assume that if push came to shove, the search engine companies could pull a submission log and find out who had what, when.
Regardless, the disreputable web design group will probably lose a good client and their name may not be as well spoken of when the word gets out around town here.
Now, will the search engines be able to pull the site submission that has the stolen content? Hopefully so.
In this learning experience, and from comments from some of you, I think that the most effective thing to take care of this type of illegal activity is to 1)contact the site owner and discuss it with them (find out if they even know about it) and most importantly 2) contact the web host. They had a letter in my competitors office by this morning with concerns about the copyright violation. Even the spectre of a host dropping a site can generally clean things up fast, and if the site owner is the one doing the violations, it seems that most good web hosts will kill the site.
Marcia- what is the contact for filing a true copyright for my site?
Thank all of you for your advice and help. I hope I can return the favor sometime.

Brett_Tabke

10:05 am on Mar 6, 2002 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Copyright infringement is never trivial. Most webauthors/content creators I know take it very seriously.

However, stolen meta information? To me, that's trivial. When they snag your whole site - that's a problem.

This 31 message thread spans 2 pages: 31