Copyright theft

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Keavs
Posts: 533
Joined: Fri Nov 12, 2010 8:38 pm

Copyright theft

Post by Keavs » Wed Mar 23, 2011 5:26 pm

This site stole my copy, my mixing charts and didn't even try to make it look original.
hxxp://sodiumchloriteshop.com
I called them and they said oh, sorry, we will take care of it, but they haven't, and even if they had..... it's damned shady and unethical imo.

Look at their chart hxxp://sodiumchloriteshop.com/how-to-make-MMS
and mine http://keavyscorner.com/mmsinstructions.html

All stuff on my site is written by me, and all the graphics are made by me. Nothing there is legal use. I allow one download for personal use, and state this fact.

Just venting, but man I'm pissed......


How is everyone?

Guest

RE: Copyright theft

Post by Guest » Wed Mar 23, 2011 7:49 pm

I have looked at both sites and agree there has been an infringement made. Do you have copyrights within your site regarding your work? If not then you may have difficulty in proving your case.

First step, I would mail him and request he remove this page and also contact his hoster about this theft. Hopefully this will not need to go further than that as one or the other should take action. If not, you may need to seek the advice of a lawyer.

I note this site is quite new too so it would not surprise me if this was a fake account and site to phish.

siblingshot
Posts: 875
Joined: Fri Jan 21, 2011 7:22 pm

RE: Copyright theft

Post by siblingshot » Wed Mar 23, 2011 9:47 pm

@ Keavs

Legally, you do not have to register a copyright (or make reference to it) in order to successfully file a complaint; it is enough, simply, that you are able to demonstrate ownership. Presumably, there is no question that this individual is attempting to pass of your own work as his / her own, rather than properly accrediting the material presented. In this instance, your site surely has publishing precedence and its content will be time-stamped accordingly.

The problem - inevitably - is how best to contest infringement; the cost of filing an action for damages can prove prohibitive.

In my opinion, the best course would be for you to write him in no uncertain terms that you are aware of the theft and advise him that litigation may be forthcoming unless the offending material is promptly dropped.

I haven't compared sites as yet, but I have absolutely no reason to doubt your word.

Jazspeak
Posts: 7295
Joined: Fri Oct 17, 2008 4:20 pm

RE: Copyright theft

Post by Jazspeak » Wed Mar 23, 2011 10:03 pm

It is clearly a cut-and-paste job although it might be better described as plagiarism rather than copyright theft. Sorry, Keav, but you didn't invent or create the process (or did you?), and so it could be argued that you are not the copyright owner of the process described. However, I agree that the other site has obviously plagiarised your text, and whilst I am not completely familiar with US laws, you might have an argument that mechanical copyright has been infringed.

Mechanical copyright is not the same as creative copyright so you had better get to grips with the difference, or pay a lawyer, before getting into a courtroom battle.

Swapfire
Posts: 295
Joined: Wed Mar 09, 2011 11:03 pm

RE: Copyright theft

Post by Swapfire » Wed Mar 23, 2011 10:27 pm

HEre's how these things usually work for situations I saw. Send out letter (nor email) with priority or "deliver to hands" we call it registered letter. (this way you have proof they received it (no "what are you talking about" scenario will be possible). You should stated EXACT term you give them to remove your material, or compensation- which ever suits you better (we usually go for request for removal), pack in notary signed copy of their page and yours. This usually freaks the rabbits out of their armpits and you're done. If not it's up to you carry on with law suit or not.

c۞g
Posts: 21225
Joined: Mon Jan 05, 2009 4:02 am

RE: Copyright theft

Post by c۞g » Thu Mar 24, 2011 12:14 am

http://whois.domaintools.com/sodiumchloriteshop.com
Created: 22 January, 2011

domain is registered with eNom but the site is hosted with HostGator.com

File a DMCA notice, read this:
http://affiliateplayground.net/blogging/dmca-takedown-notice/

http://www.hostgator.com/copyright.shtml

Not only have the images been copied but the text as well.
Too bad your robots.txt file doesn't allow archive.org (WayBackMachine spider) access, makes it real easy when site history is publicly archived. I say this because it looks like you recently updated your site and many images on: sodiumchloriteshop.com look like lazy screen captures from your old site design, ex:
http://sodiumchloriteshop.com/image/cache/data/cat_container-250x250.jpg
even has the background color with the bubble / droplets.



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