Someone Is Selling My Ebook!

by rosieg
40 replies
Can anyone advise me on what to do? Someone is selling my ebook, along with ebooks from other clickbank vendors.

This person has ripped off my sales copy, images, download pages and has even provided my email for customer support!

I only found out about it when someone contacted me for a refund.

He's advertising via adwords, and doing quite well, I might add!!

Any advice would be most welcome.

Rosie
#copyright #copyright infringement #ebook #selling
  • Profile picture of the author LiquidSeo
    Talk about slime. I'd start with a formal complaint letter and see if they take it off.

    If not, I would then follow-up with a forceful letter from an attorney to help them with the gravity of the situation.

    Can you tell if they are a past customer of yours?

    Brian
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  • Profile picture of the author TrafficGuy Claude
    Send a letter to their webhost and to Google Adwords as well, as he is in clear violation of Adwords policies by advertising pirated materials. He should be shut down within a matter of days.

    Also contact the other vendors who he's victimized and tell them to send letters to the same people as well.
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  • Profile picture of the author DeadGuy
    This happens way too often in IM. And I'm sorry to hear about it just the same. Others will probably give you this same advice. Contact an attorney before doing anything drastic. There are numerous threads here that relate directly to what you are currently experiencing. Don't know if any have been successfully resolved but you might want to check them out just the same.
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  • Profile picture of the author Etak
    That stinks!

    Contact them and demand they stop. I'd email them first and then send a formal written complaint. My feeling is that they would take it off after the email. If that doesn't work, file a complaint with the Attorney General's office (both in your state and in theirs) and the Better Business Bureau. You just need to let them know you mean business (beginning with the first email) and that should scare them into submission.

    Good Luck!
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  • Profile picture of the author jasonmorgan
    1. contact adwords
    2. contact his billing provider
    3. contact his hosting provider
    he can't advertise, wont have a website and he can't receive payments

    you have just shut down his operation

    you should do all three of these things today... right now... stop reading this and do it.

    If you really wanted to go for the gold you could take him to court and through his billing provider be able to find out exactly how much money he has made... and yep, sue his ass. Should be an open and shut case.
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  • Profile picture of the author lynnw196
    Hate when that happens. I would do the above. But, you can also look at it a different way. If it is CB they are just promoting your product and If you have any affiliate links locked in it (ebook) your getting your product spread to more folks on their Adwords dime.
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  • Profile picture of the author rosieg
    Thanks for your comments. I'm not sure whether this person is a past customer.

    This person appears to be located in the Philippines though, so I'm not sure whether copyright laws are the same over there.

    I will target godaddy, paypal and google adwords. Do you think I need a lawyer to do this, or can I contact them myself?

    Rosie
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    • Profile picture of the author Daniel Brock
      Originally Posted by rosieg View Post

      Thanks for your comments. I'm not sure whether this person is a past customer.

      This person appears to be located in the Philippines though, so I'm not sure whether copyright laws are the same over there.

      I will target godaddy, paypal and google adwords. Do you think I need a lawyer to do this, or can I contact them myself?

      Rosie
      You're screwed.

      Forget about it and move on.

      You will just waste your time tracking down his web host and complaining. It takes 50 seconds to find a new web host, so all will be doing is spending your entire day trying to get his site shut down.

      Paypal doesn't give a sh*t either. I know...I've contacted them numerous times trying to get them to cut off a guy who is stealing all the WSOs on here and selling them on his own site.

      Not much else you can do. Lawyer is out since he is in the Philippines.
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  • Profile picture of the author Dennis Gaskill
    Here's his host: 365salesbot.com

    It comes back to a Phillipine company.

    Cebu Wintrade Corp.
    Marfa St.
    Mandaue 6012 PH

    File a DCMA notice anyway. Then file a report with Paypal since that's who their payment processor is.

    If you can find who the upstream provider is for the hosting company, complain to them too. The host will have to shut down the site or risk losing their entire business. Here's a link on how to find an upstream provider: Rick's spam digest :: Spamstopper's notebook -- finding upstream providers

    There may be an easier way, I don't know. That's the first thing I found. Maybe you could just tell the hosting company you're thinking of hosting with them and ask them who their upstream providers are.

    Please remove the link to the offending site from your original post. No sense in giving them publicity. Some people browsing this forum may go buy from the offending site.
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by Dennis Gaskill View Post

      Here's his host: 365salesbot.com

      It comes back to a Phillipine company.

      Cebu Wintrade Corp.
      Marfa St.
      Mandaue 6012 PH

      File a DCMA notice anyway. Then file a report with Paypal since that's who their payment processor is.

      If you can find who the upstream provider is for the hosting company, complain to them too. The host will have to shut down the site or risk losing their entire business. Here's a link on how to find an upstream provider: Rick's spam digest :: Spamstopper's notebook -- finding upstream providers

      There may be an easier way, I don't know. That's the first thing I found. Maybe you could just tell the hosting company you're thinking of hosting with them and ask them who their upstream providers are.

      Please remove the link to the offending site from your original post. No sense in giving them publicity. Some people browsing this forum may go buy from the offending site.
      I use the site who-hosts.com to find the hosts. Works pretty well.
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      • Profile picture of the author Dennis Gaskill
        Originally Posted by sbucciarel View Post

        I use the site who-hosts.com to find the hosts. Works pretty well.
        That's where I found the host's name.
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  • Profile picture of the author jasonmorgan
    I will target godaddy, paypal and google adwords. Do you think I need a lawyer to do this, or can I contact them myself?
    You should be able to do this yourself. Just make sure you bypass the 19 year old phone monkey's and foreign tech support and get someone who can actually do something for you. Godaddy and paypal shouldn't be a problem, not so sure about google.

    If you can afford it, a lawyer isn't a bad option but a lot depends on your financial situation, how much money this product earns and how much money you are losing out on (being stolen from you). Are we talking $xx or $x,xxx or $xx,xxx (you don't need to answer). Is it is a $19.95 ebook that has sold 3 times in the past six months or is this guy cutting into your six figure IM empire.
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  • Profile picture of the author jasonmorgan
    Paypal doesn't give a sh*t either. I know...I've contacted them numerous times trying to get them to cut off a guy who is stealing all the WSOs on here and selling them on his own site.
    Not sure what your problems were but if paypal is knowingly handling payment processing for stolen products then they can be held liable as well.

    A complaint to paypal along with some amount of proof should be enough to get the account locked.

    If the web hosting is in the Philippines you may not be able to do much about that but you can still attempt to cut off adsense and paypal.
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  • Profile picture of the author lynnw196
    Good luck with paypal. I would at least first try and target his domain kill that and then go for the host. Had it happen to me years age and I had some success doing it. Finally just said screw it and moved on to next project.
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  • Profile picture of the author Groovystar
    I hate plagiarists and have been dealing with them for years. This is even worse because it's stealing money from you not just material.

    I'd contact a lawyer first off, because you don't just want them shut down, you want to be awarded damages. This person made a tidy bundle off your work and that money is rightfully yours. Don't contact Google yet or anything before you speak to an attorney.
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    • Profile picture of the author Don Schenk
      Originally Posted by Groovystar View Post

      I'd contact a lawyer first off, because you don't just want them shut down, you want to be awarded damages. This person made a tidy bundle off your work and that money is rightfully yours. Don't contact Google yet or anything before you speak to an attorney.
      I am not a lawyer, and it has been a while since my favorite attorney and I had a coversation about copyright. She used to do a seminar program about copyrights.

      As I remember, when the piece (article, book, photograph, script, art, etc.) is created, the maker automatically owns the copyright, unless it was done as a work for hire.

      But collecting for infringement is a whole new ballgame. Before filing a suit, the maker must file for copyright with the copyright office, and every copy of the piece must contain the year, the copyright holder's name, and the copyright word or symbol. If all three are not there (I have seen ebooks that say copyright 2009, but have no name) the most that can be collected it the amount of sales lost.

      So if the guy sells 10 copies, the price of these is all you could collect. But if all three (copyright, year and date) are on every copy, and you have filed a copyright claim with the copyright office, then you can go for damages above the amount of sales.

      Maybe Brian can jump in here to correct me if I've missed something.

      :-Don
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    • Profile picture of the author opiel
      Originally Posted by Groovystar View Post


      I'd contact a lawyer first off, because you don't just want them shut down, you want to be awarded damages. This person made a tidy bundle off your work and that money is rightfully yours. Don't contact Google yet or anything before you speak to an attorney.
      This is simply a terrible advice because in the real world the OP has absolutely no chance to collect anything from a dude located in the Philippines.

      The most attorneys will not be even interested in listening to the OP's story unless he puts $1,000.00 ~ 1,500.00 retainer on the table. And the money would be just wasted.

      Sad but true...

      Andre
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  • Profile picture of the author sbucciarel
    Banned
    You need to file a DMCA with his host. Instructions here:

    http://domainingdiva.com/legal-issue...ipoff-artists/

    Gives you a sample DMCA notice also.
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  • Profile picture of the author Damien Roche
    I agree, contact his host, contact clickbank, contact google - will be a lot cheaper than hiring an attorney.

    I can't even express how much stuff like this sickens me.
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  • Profile picture of the author Underground SEO
    send an email to adwords, the owner of the site and their site, a dcma notice I mean - that will sort your problem out.
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  • Profile picture of the author DogScout
    Get a lawyer 1st. I think you just became a rich woman. If he/she has decent insurance or any assets, you did.
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  • Profile picture of the author DogScout
    PS-Let them keep doing it until the lawyer makes them stop. If MY lawyer is correct, there is a 'per day' penalty that the plaintiff gets.
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by DogScout View Post

      PS-Let them keep doing it until the lawyer makes them stop. If MY lawyer is correct, there is a 'per day' penalty that the plaintiff gets.
      Many of these sites ... and there are many of them, are on offshore hosting who do not respond to the DMCAs. If they're on a reputable hosting company, DMCAs work, but otherwise ... no. Same with lawyers ... what's a lawyer going to do to someone offshore?
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      • Profile picture of the author Mr.Otto
        I will just leave it and forget about it, I am sure the owner is not making any real profit if there is any. The site will probably be down in a few months - these sites never last. Somebody that does business like that is either retarded or 12 years old anyway, poor guy
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        • Profile picture of the author Daniel Brock
          It makes me wonder...what is the point of that site?

          He offers the products at less than half the price of the legitimate product...

          Since most products offer 50% commission plus, He would make more money as an affiliate lol.

          Not a very smart thief if you ask me...
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          • Profile picture of the author theimdude
            Originally Posted by Daniel Brock View Post

            It makes me wonder...what is the point of that site?

            He offers the products at less than half the price of the legitimate product...

            Since most products offer 50% commission plus, He would make more money as an affiliate lol.

            Not a very smart thief if you ask me...
            Yes I wondered about that as well but I suppose he get the money as soon as a sale is done. The problem is that the site looks like a CB review site to people passing that knows CB until you click on the buy now link.

            Rosie as a matter of interest which is your product?

            That eye care product got my attention just wondering if it is yours. Another way is to target his adwords which could kill his budget
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          • Profile picture of the author Lloyd Buchinski
            Originally Posted by Daniel Brock View Post

            It makes me wonder...what is the point of that site?

            He offers the products at less than half the price of the legitimate product...

            Since most products offer 50% commission plus, He would make more money as an affiliate lol.

            Not a very smart thief if you ask me...
            Doesn't sound like he is doing it through CB and paying affiliates, taking care of all those tedious details. He has ripped off the books along with all the needed copy and he is just selling them directly. If the affiliate commission is 50%, and he is selling them for half price, he is collecting the vendor's 50% and maybe doing ok.

            Affiliates aren't involved. That's where the adwords part comes in. He provides the download.
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            • Profile picture of the author Dennis Gaskill
              Originally Posted by Lloyd Buchinski View Post

              Doesn't sound like he is doing it through CB and paying affiliates, taking care of all those tedious details. He has ripped off the books along with all the needed copy and he is just selling them directly. If the affiliate commission is 50%, and he is selling them for half price, he is collecting the vendor's 50% and maybe doing ok.

              Affiliates aren't involved.
              I think you misunderstood Daniel's point, Lloyd. He's saying the thief would make more money if he became a legitimate affiliate of the products, rather than stealing them and selling at a cut-rate price.
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  • Profile picture of the author cashcow
    Is there no end to what people will do to make a buck?

    On the other hand, I guess you now know that you can make a profit with adwords (if you didn't already). You should steal his campaign.

    And click on his ads a lot.

    Lee
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    Gone Fishing
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    • Profile picture of the author DogScout
      Originally Posted by cashcow View Post

      Is there no end to what people will do to make a buck?

      On the other hand, I guess you now know that you can make a profit with adwords (if you didn't already). You should steal his campaign.

      And click on his ads a lot.

      Lee
      LMAO!

      The Philippines signed the international version of the DMCA. I am pretty sure he can find a lawyer to take the case.
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    • Profile picture of the author tryinhere
      Originally Posted by cashcow View Post

      Is there no end to what people will do to make a buck?

      On the other hand, I guess you now know that you can make a profit with adwords (if you didn't already). You should steal his campaign.

      And click on his ads a lot.

      Lee
      i am sure the click on ads was a joke as you would not do that, below is some g info that may help you report the person in question.

      Digital Millennium Copyright Act
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  • Profile picture of the author DogScout
    According to a US attorney at Patent & Trademark, (I know, not the copyright office, but she used to work there), No copyright symbol, name or date are required anymore. A registration is; and the perpetrator does not even have to have sold any copies. The fact they were for sale and they had been used in a commercial venture, make them eligible for a $150,000 per day that they are attempted to be sold, 'punitive' fine that the plaintiff gets.

    The plaintiff would need to pay for the copyright registration, but many copyright lawyers may take the case, depending on merit, on a percentage basis (and you should have that commitment before registering if you go legal). Talking to a lawyer 1st is always advantageous as none of us are acting in a lawyer basis, therefore whatever we say is practically meaningless. (Since Ms Xxxx works at P&T and I haven't talked to her for a year or so, whatever she said then is probably just as meaningless.)
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    • Profile picture of the author Oleg Cherkasky
      How did they manage to sell your book?
      sounds strange but then again Im still new at this
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  • Profile picture of the author cashcow
    i am sure the click on ads was a joke as you would not do that...
    Yes, it was a joke, but on the other hand I really wouldn't feel sorry for the guy if someone ran up his adwords bill ... would you?

    (I was thinking of in the search results, not on someones website as that could hurt the website owner who would probably be an innocent party)
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    Gone Fishing
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    • Profile picture of the author agc
      Originally Posted by cashcow View Post

      Yes, it was a joke, but on the other hand I really wouldn't feel sorry for the guy if someone ran up his adwords bill ... would you?

      (I was thinking of in the search results, not on someones website as that could hurt the website owner who would probably be an innocent party)
      Is this a Warrior Forum Rule #7 approved use for a proxy server? Paul? Can we get a ruling on this?
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  • Profile picture of the author JayPeete
    The customer should be able to tell you where they purchased the product and then give the domain to the authorities to track and see if the slime ball can be caught.
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  • Profile picture of the author Cezar R Abadiano
    Indeed. If he or they as probably in this case, signed up as a affiliate they would make more money.

    But then again many of these kind of operations are not really too smart.

    Lawyers won't make much sense since laws in the Philippines don't really count for much if you have money and the connections.

    Besides unless you're either the US government you can't really pressure the officials to act on an international complaint for something which many see as open market.

    Filing a DMCA would be your best bet at this point. I don't think calling Cebu Wintrade Corp or emailing them would do anything. For one thing their email is a gmail account so.

    But here it is: cebuwintrade (at) gmail.com. As for their phone try this one: +63.6022551234

    Again I doubt if contacting them directly will do anything but you can give it a try.

    And there are a lot of companies (and I use the term company lightly) in the Philippines.

    Gives legitimate rule abiding IM in the country a bad name.

    And just so you know I'm just an hour plane ride away from Cebu where this so called company is based.


    Cezar Abadiano
    Conversion-Affiliate Manager
    affiliatedistrict.com
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