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What do you do if someone steals your WSO?

by wordwizard
47 replies
Hi Fellolw Warriors,

what do you do if someone steals your WSO? It has never happened to me until just now...

A fellow warrior alerted me that someone who bought my WSO turned around and is selling it at another site!

It does NOT come with resell rights!

Has that happened to do you before? If so, what do you do (to prevent it, and to catch it, and, especially, to stop it).

Thanks so much!

Elisabeth
#stealing #steals #unauthorized resell #wso #wso advice #wso help #wso theft
  • Profile picture of the author Caleb Spilchen
    This happens constantly, usually with .info domains
    and with weird domains as well, I've had my WSO's
    stolen semi constantly, I sometimes will send a DMCA
    notification.

    DMCA if the host is American, will be honored usually.

    Caleb
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    Canadian Expat Living in Medellin, Colombia

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  • Profile picture of the author just do it
    Confront them directly or ruin their image if your sure they stole your wso.
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    • Profile picture of the author Caleb Spilchen
      Originally Posted by just do it View Post

      Confront them directly or ruin their image if your sure they stole your wso.
      Yes, because here at the warrior forum
      we believe in fighting back and tearing
      people down for mistakes they make, it
      is a very professional thing to do, and
      makes you much better then them..

      -- Caleb


      --

      Or maybe we could take the professional
      way, and handle it with the law, by sending
      a professional legal notice, that shows our
      business out to be a professional.

      If you go around trashing them, there just
      going to keep on doing it. I learned that-the
      hard way when I responded to a hater, I
      didn't make fun of them, but I responded.

      It feeds them. If you just send the legal
      notice, it usually shuts them up.

      Caleb
      Signature

      Canadian Expat Living in Medellin, Colombia

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      • Profile picture of the author wordwizard
        Hi Caleb,

        thanks so much for your advice. Very good point about not feeding the
        haters and thiefs.

        And it happens all the time? How depressing.

        Well, I guess the reason I didn't encounter that yet was because I usually
        sell my services, and those are a bit harder to steal...

        I really appreciate your words of sanity and non-confrontation.
        I guess I'll delete the other message in my thread again (maybe).

        Not sure how much a legal notice will do -- I believe the thief is not from
        the U.S...

        So where do I find a properly worded legal notice?

        Thanks again,

        Elisabeth



        Originally Posted by Caleb Spilchen View Post

        Yes, because here at the warrior forum
        we believe in fighting back and tearing
        people down for mistakes they make, it
        is a very professional thing to do, and
        makes you much better then them..

        -- Caleb


        --

        Or maybe we could take the professional
        way, and handle it with the law, by sending
        a professional legal notice, that shows our
        business out to be a professional.

        If you go around trashing them, there just
        going to keep on doing it. I learned that-the
        hard way when I responded to a hater, I
        didn't make fun of them, but I responded.

        It feeds them. If you just send the legal
        notice, it usually shuts them up.

        Caleb
        Signature

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        • Profile picture of the author Alexa Smith
          Banned
          Originally Posted by wordwizard View Post

          So where do I find a properly worded legal notice?
          There's one here, on Suzanne's website.

          Good luck, Elisabeth!
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        • Profile picture of the author Caleb Spilchen
          Originally Posted by wordwizard View Post

          Hi Caleb,

          thanks so much for your advice. Very good point about not feeding the
          haters and thiefs.

          And it happens all the time? How depressing.

          Well, I guess the reason I didn't encounter that yet was because I usually
          sell my services, and those are a bit harder to steal...

          I really appreciate your words of sanity and non-confrontation.
          I guess I'll delete the other message in my thread again (maybe).

          Not sure how much a legal notice will do -- I believe the thief is not from
          the U.S...

          So where do I find a properly worded legal notice?

          Thanks again,

          Elisabeth
          It doesn't matter where they are "from". It
          matters where the host, is. Many hosts in
          countries say Germany/Netherlands will not
          accept these, but some hosts in those countries
          will. It depends on the host, you don't EVER
          want to contact the person stealing, contact
          there host, it will do 10x better.

          If you don't know the host, then go to
          whois.sc/who.is and check the NS out.

          Caleb
          Signature

          Canadian Expat Living in Medellin, Colombia

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          • Profile picture of the author wordwizard
            Originally Posted by Caleb Spilchen View Post

            It doesn't matter where they are "from". It
            matters where the host, is. Many hosts in
            countries say Germany/Netherlands will not
            accept these, but some hosts in those countries
            will. It depends on the host, you don't EVER
            want to contact the person stealing, contact
            there host, it will do 10x better.

            If you don't know the host, then go to
            whois.sc/who.is and check the NS out.

            Caleb
            Thanks for the great advice, Caleb, both here, and by PM.

            Elisabeth
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      • Profile picture of the author just do it
        Originally Posted by Caleb Spilchen View Post

        Yes, because here at the warrior forum
        we believe in fighting back and tearing
        people down for mistakes they make, it
        is a very professional thing to do, and
        makes you much better then them..

        -- Caleb


        --

        Or maybe we could take the professional
        way, and handle it with the law, by sending
        a professional legal notice, that shows our
        business out to be a professional.

        If you go around trashing them, there just
        going to keep on doing it. I learned that-the
        hard way when I responded to a hater, I
        didn't make fun of them, but I responded.

        It feeds them. If you just send the legal
        notice, it usually shuts them up.

        Caleb
        Taking someone's product and passing it off as your own is not a mistake.
        As for a legal notice that does next to nothing.
        As for the warrior forum, I though this was a place that shares different views, so why is it that when somebody has something different to say they are criticized for it.

        I don't know about you but confronting somebody is as professional as it gets.
        And when I say ruin there image I mean letting people know that they stole your product.
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        • Profile picture of the author Caleb Spilchen
          Originally Posted by just do it View Post

          Taking someone's product and passing it off as your own is not a mistake.
          As for a legal notice that does next to nothing.
          As for the warrior forum, I though this was a place that shares different views, so why is it that when somebody has something different to say they are criticized for it.

          I don't know about you but confronting somebody is as professional as it gets.
          And when I say ruin there image I mean letting people know that they stole your product.
          Re reading your post, yes, you can have 1,000,000
          recommendations and broadcast them to the forum,
          but along with you having that right, we also do, if
          we don't agree, we have every right to let you know
          our opinion.

          It goes two ways. I never "criticized" you, I criticized
          the recommendation that you made...

          Caleb
          Signature

          Canadian Expat Living in Medellin, Colombia

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        • Profile picture of the author rosetrees
          Originally Posted by just do it View Post

          I don't know about you but confronting somebody is as professional as it gets.
          And when I say ruin there image I mean letting people know that they stole your product.
          That is against the rules of the Warrior Forum and would get whoever did it banned.

          Of course, it might be a sensible idea for Elizabeth to post a message on the other site if it allows comments or is a forum.

          Other than that - DMCA notice usually does it.
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  • Profile picture of the author Caleb Spilchen

    And when I say ruin there image I mean letting people know that they stole your product.
    Bro, that's bad tact. If I went around and I said
    you stole my product, even if I did, that would be
    classed as Libel. They stole from me, but yet, I have
    the nerve to go out and bash them, so basically I'm
    breaking the law as well...

    And I'm giving them more reason to tick me off by
    stealing from me again. I don't think that it's in good
    taste to shoot your mouth off at someone if they steal
    your product, because it makes you look like a little
    child, you cries when the ice cream falls out of the
    cone.

    Point Blank: If your mad they stole from you, let them
    know, but there's no reason to go out, and tear them
    apart.

    Caleb
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    Canadian Expat Living in Medellin, Colombia

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    • Profile picture of the author just do it
      Originally Posted by Caleb Spilchen View Post

      Bro, that's bad tact. If I went around and I said
      you stole my product, even if I did, that would be
      classed as Libel. They stole from me, but yet, I have
      the nerve to go out and bash them, so basically I'm
      breaking the law as well...

      And I'm giving them more reason to tick me off by
      stealing from me again. I don't think that it's in good
      taste to shoot your mouth off at someone if they steal
      your product, because it makes you look like a little
      child, you cries when the ice cream falls out of the
      cone.

      Point Blank: If your mad they stole from you, let them
      know, but there's no reason to go out, and tear them
      apart.

      Caleb
      Wow all you have to say is "you stole my product" once and leave it at that. How is that tearing them apart or even crying.
      Telling somebody that they stole your product is against the law, when was that law created? because I never heard of it.
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    • Profile picture of the author Kay King
      I mean, if some guy stole my WSO and started selling it and I discovered his identity, boy would I tell everyone in the world.
      I see nothing wrong with tearing this person apart - except it doesn't work. It sounds like personal vendettas and gossip - and no one except you cares about it. Exception is if the product is being sold through a forum and you can post a direct message on the thread.

      You are running a business - so run it like a business. If someone steals your product go after them with a DMCA and also contact the site or site host.

      Once you have the problem resolved, THEN post on your blog about it and you'll have results to back up your claims.


      kay
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      • Profile picture of the author wordwizard
        Originally Posted by Kay King View Post

        I see nothing wrong with tearing this person apart - except it doesn't work. It sounds like personal vendettas and gossip - and no one except you cares about it. Exception is if the product is being sold through a forum and you can post a direct message on the thread.

        You are running a business - so run it like a business. If someone steals your product go after them with a DMCA and also contact the site or site host.

        Once you have the problem resolved, THEN post on your blog about it and you'll have results to back up your claims.


        kay
        That's excellent advice, Kay!

        Thanks so much.

        Elisabeth
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    • Profile picture of the author tpw
      Originally Posted by Caleb Spilchen View Post

      Bro, that's bad tact. If I went around and I said
      you stole my product, even if I did, that would be
      classed as Libel. They stole from me, but yet, I have
      the nerve to go out and bash them, so basically I'm
      breaking the law as well...

      Caleb: It is not libelous if it is true that they stole your product and they are selling it. Calling a thief a thief isn't against the law.

      Even if they paid for the original copy, it is still theft, because they are not authorized to redistribute the material.



      But I would go back-channel first and take it up with the mods and ask their opinions, before I took the issue public. The mods may have a better and more effective idea how to handle the issue, and the mods have the power to pull strings on their end against the party involved.


      Criminals don't care if they are breaking the law -- they know they are breaking the law and they don't care.

      The only way to bring it to an end is to make them pay for their actions one way or another:

      * banned from wf.
      * legal judgements against offender.
      * getting their web hosting company to pull their website down.
      * etc.

      I always do these things before taking it public, and in most cases, I can resolve the matter before going public.
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      • Profile picture of the author wordwizard
        Originally Posted by Caleb Spilchen View Post

        Bro, that's bad tact. If I went around and I said
        you stole my product, even if I did, that would be
        classed as Libel. They stole from me, but yet, I have
        the nerve to go out and bash them, so basically I'm
        breaking the law as well...

        And I'm giving them more reason to tick me off by
        stealing from me again. I don't think that it's in good
        taste to shoot your mouth off at someone if they steal
        your product, because it makes you look like a little
        child, you cries when the ice cream falls out of the
        cone.

        Point Blank: If your mad they stole from you, let them
        know, but there's no reason to go out, and tear them
        apart.

        Caleb
        Originally Posted by tpw View Post

        Caleb: It is not libelous if it is true that they stole your product and they are selling it. Calling a thief a thief isn't against the law.

        Even if they paid for the original copy, it is still theft, because they are not authorized to redistribute the material.



        But I would go back-channel first and take it up with the mods and ask their opinions, before I took the issue public. The mods may have a better and more effective idea how to handle the issue, and the mods have the power to pull strings on their end against the party involved.


        Criminals don't care if they are breaking the law -- they know they are breaking the law and they don't care.

        The only way to bring it to an end is to make them pay for their actions one way or another:

        * banned from wf.
        * legal judgements against offender.
        * getting their web hosting company to pull their website down.
        * etc.

        I always do these things before taking it public, and in most cases, I can resolve the matter before going public.
        Thanks, Bill! This is excellent advice!

        I AM communicating with a moderator, and the person in question did purchase the product -- but of course it came WITHOUT resell rights, so offering it for sale elsewhere is not right.

        Thanks!

        Elisabeth

        UPDATE: I just heard from the mod that the person in question has been banned from the WF!
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        • Profile picture of the author tpw
          Originally Posted by wordwizard View Post

          UPDATE: I just heard from the mod that the person in question has been banned from the WF!

          Awesome first step.

          When people break the rules, they must be dealt with appropriately.

          Web hosting and selling channels are the next obvious step, if confrontation fails to bring the matter to its rightful conclusion.

          Be forewarned though, the offending party might want to try to make you look like the bad person, because you would not let them misbehave on your turf. LOL
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          Publish Coloring Books for Profit (WSOTD 7-30-2015)
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  • Profile picture of the author Home Easy Earn
    Your first step is to contact them and explain to them what they have done is wrong. This could be a complete newcomer to IM who may think that if they have purchased something from someone they have the rights to it.

    Are you sure that the actual person you found or saw selling your WSO actually stole it? This person may have been given it by someone else or even been sold it by someone that told him he has full rights.

    Try the friendly approach first, going at someone all guns blazing is not the best way to start things off.
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  • Profile picture of the author Lothar Evers
    Confront them.
    Make them public here at least to the admins.
    Complain to their hosting companies and selling chanels...
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  • Profile picture of the author Caleb Spilchen
    I think some people have taken what I said
    without a couple grains of salt...

    You see, what I meant was that you shouldn't go
    out and "tear" them apart, and slam them. You can
    go public all day long and tell people that "bob is stealing
    from me", and back it with facts.

    What I meant, is going out with your goal of RUINING the
    reputation of that person, not letting people know that they
    stole it.

    Which you would get the idea of that from....

    "ruin their image"

    That sentence does not mean "tell everyone
    they stole from you". It means, INSULT them
    and attempt to make them look bad.

    I'm sorry if my Canadian English is bad, but,
    seriously.. To me that's what it means.

    That's My Opinion. Bill Clearly Disagrees.

    Caleb
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    • Profile picture of the author tpw
      Originally Posted by Caleb Spilchen View Post

      Bill Clearly Disagrees.
      Only with your definition of libel.
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    • Profile picture of the author just do it
      Originally Posted by Caleb Spilchen View Post

      I think some people have taken what I said
      without a couple grains of salt...

      You see, what I meant was that you shouldn't go
      out and "tear" them apart, and slam them. You can
      go public all day long and tell people that "bob is stealing
      from me", and back it with facts.

      What I meant, is going out with your goal of RUINING the
      reputation of that person, not letting people know that they
      stole it.

      Which you would get the idea of that from....

      "ruin their image"

      That sentence does not mean "tell everyone
      they stole from you". It means, INSULT them
      and attempt to make them look bad.

      I'm sorry if my Canadian English is bad, but,
      seriously.. To me that's what it means.

      That's My Opinion. Bill Clearly Disagrees.

      Caleb
      To Ruin their image does not mean to insult them, it may make them look bad though. But who cares if they look bad since they stole your product.
      I am from Toronto so lol to the "Canadian English".
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  • Profile picture of the author EvolBaby
    Your WSO is your intellectual property. It's theft by anyone is a federal issue. There are several charges that can be levied against them, most of them worthy of quite some time behind bars.

    Copyright, Trademark theft is not only severely punishable but fines are high. That's the first step, the second is civil court where you can OWN them. By the time you and your attorney got done with them they wouldn't be able to open a lemonade stand in Death Valley.

    Forum owners are wise to respond accordingly to claims of such theft from official communication not hearsay.

    It also depends on the value of the property as you're talking from petty larceny on up to grand larceny on top of the federal charges. I know because I work in the area of intellectual properties and have an army of attorneys as friends and family who specialize in these areas. They just loooooove to go after online crooks.

    There are great legal resources on the web and if you're having a problem you can pm me and I'll send you to a firm for advice.
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  • Profile picture of the author sbucciarel
    Banned
    File a DMCA with their host if their host is in the US.
    Instructions here plus sample DMCA notice
    http://domainingdiva.com/legal-issue...ipoff-artists/
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    • Profile picture of the author wordwizard
      Originally Posted by tpw View Post

      Awesome first step.

      When people break the rules, they must be dealt with appropriately.

      Web hosting and selling channels are the next obvious step, if confrontation fails to bring the matter to its rightful conclusion.

      Be forewarned though, the offending party might want to try to make you look like the bad person, because you would not let them misbehave on your turf. LOL

      Thanks! Unfortunately, the listing is still there.

      To date, the offending party hasn't responded. Thanks for helping me with the next step (by PM).


      Originally Posted by EvolBaby View Post

      Your WSO is your intellectual property. It's theft by anyone is a federal issue. There are several charges that can be levied against them, most of them worthy of quite some time behind bars.

      Copyright, Trademark theft is not only severely punishable but fines are high. That's the first step, the second is civil court where you can OWN them. By the time you and your attorney got done with them they wouldn't be able to open a lemonade stand in Death Valley.

      Forum owners are wise to respond accordingly to claims of such theft from official communication not hearsay.

      It also depends on the value of the property as you're talking from petty larceny on up to grand larceny on top of the federal charges. I know because I work in the area of intellectual properties and have an army of attorneys as friends and family who specialize in these areas. They just loooooove to go after online crooks.

      There are great legal resources on the web and if you're having a problem you can pm me and I'll send you to a firm for advice.
      Wow! Thanks so much.

      That seems a bit scary, but it's great to know I can go that route if needed! I'll send you a PM for more info.

      Elisabeth
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    • Profile picture of the author wordwizard
      Originally Posted by sbucciarel View Post

      File a DMCA with their host if their host is in the US.
      Instructions here plus sample DMCA notice
      http://domainingdiva.com/legal-issue...ipoff-artists/
      Thanks so much, Suzanne! That's a great resource that you have put together here! Thanks for sending it.

      I just noticed that there are just the links I needed. Should have read it carefully the first time I saw it.

      Now I know where to go!

      thanks so much.

      Elisabeth
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      • Profile picture of the author wordwizard
        Hi all,

        thanks so much for your help. Sorry for taking so long to respond.

        I was getting sidetracked by my first ever WSO of the Day... (Yay!)

        And after having sent several support tickets to the website where that guy has
        listed my offer, I thought this issue would get resolved.

        But no!

        So here's what I've done and an update:

        As I said, I sent multiple "support tickets" to the site that's hosting the stolen offer.
        No response!

        So thanks to Bill's link I had a chat with a support person at domainsbyproxy who
        couldn't give me the info because it's a private registration.

        But after I explained the situation, he gave me a website where you can look up
        who hosts which domain, which, by the way is this:

        http://www.whoishostingthis.com

        A VERY useful website ;-)

        So now I have the hosting company info and have sent THEM a support ticket,
        explaining the situation and asking them to ask the "website" to take down the listing
        where my WSO is offered for sale, in violation of its own terms of services.

        I might give them a call too, but I wanted to also leave a papertrail (or is it cyber trail?).

        I'll let you know what happens next!

        Thanks again,

        Elisabeth

        Update 1: The support person from Slicehost (the hosting company) wrote back immediately, and will
        get this info to their relevant department.
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        • Profile picture of the author steveshills
          If i were you i would just move on, dont waste your time stressing because your product is now being used by a thief and this happens everyday.

          Think about how much you've made from sales, and is the product going to give you an income for years to come? if not, then just move on.

          So many WSO are created everyday, some good, some bad, problem is that most are not protected in the right way.

          My advice once you've built you list is offer quailty, then your product wont be shared or stolen, because your customers value what you have to offer.

          I have to say it but so much WSO's are just rehashed crap and others a just pure quailty, i myself have thought about bringing out my own WSO, but i really want it to be useful to people and not just another product that makes me a quick buck.

          Also your product must have been good or it would have not been stolen, but a thief is a thief and what goe's around comes around.
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          • Profile picture of the author wordwizard
            Hi again,

            here's the response that Fiverr sent me:

            __________________________________________________ ___________________
            Dear Elisabeth

            Thank you for the information you provided. Based upon that information, we have
            disabled access to the materials in question until we get an opportunity to further review
            those materials and your communication.

            So that we can evaluate your communication, please provide us with:

            1. a description of what is protected under the copyrights that you are claiming
            2. Your copyrights certificate/designation and the type, e.g., registered trade mark,
            registered copyrights, etc.
            3. A proof of your copyrights ownership
            4. A short description of how the subscribers allegedly infringe on your copyrights
            5. Your complete name, address, and contact information.

            Please note that in reliance on your communication and in order to show good faith,
            we have disabled access to the materials in question. This access limitation may
            impede Fiverr and the subscribers’ rights, and Fiverr may pursue damages it incurs
            as a result of such reliance.

            Sincerely,

            Fiverr Administration

            __________________________________________________ _________

            I answered it as well as I could, but I was a bit unsure about the "proof of my copyright
            ownership" and the "registered trademark" bit, i.e., points 2 and 3.

            This brings up two questions actually:

            1) The proper wording of my copyright proof

            and

            2) how to properly protect myself in the future, i.e., by including some more specific
            copyright notation etc. and who knows what else...

            What do you think?

            Thanks so much.

            Elisabeth
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            • Profile picture of the author Kay King
              I think Fiverr is doing CYA to protect their own site. They know the difference between copyright and trademark but want to dump this back on you to prove.

              A copy of the WSO sales page (screenshot including the date) that links to the product should be enough to prove your claim...and include a copy of the page in the product where rights are outlined or claimed.

              This response brought a question to mind. If you write a WSO and offer it for sale but have not put the product online...is it copyrighted? I don't know because IANAL. When published, the copyright is automatic - but if it's not actually published...where does it stand?

              kay
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              • Profile picture of the author DogScout
                Originally Posted by Kay King View Post

                I think Fiverr is doing CYA to protect their own site. They know the difference between copyright and trademark but want to dump this back on you to prove.

                A copy of the WSO sales page (screenshot including the date) that links to the product should be enough to prove your claim...and include a copy of the page in the product where rights are outlined or claimed.

                This response brought a question to mind. If you write a WSO and offer it for sale but have not put the product online...is it copyrighted? I don't know because IANAL. When published, the copyright is automatic - but if it's not actually published...where does it stand?

                kay
                Copyright exists as soon as it is put in physical form, even if never published. Registration of copyright can be retro active, after your work is stolen. But, unless you have income from the material, the damages are extremely limited. (If you are making money with the material, damages can be as high as $175K even if that amount was not made.)
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            • Profile picture of the author Lloyd Buchinski
              Originally Posted by wordwizard View Post

              The proper wording of my copyright proof
              One thing which should help with that is include the receipt from the person purchasing it. That makes it quite clear where s/he got it.
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              • Profile picture of the author wordwizard
                Originally Posted by Lloyd Buchinski View Post

                One thing which should help with that is include the receipt from the person purchasing it. That makes it quite clear where s/he got it.
                Cool!! Thanks, Lloyd! That's a really excellent point.

                Elisabeth
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          • Profile picture of the author wordwizard
            Originally Posted by steveshills View Post

            If i were you i would just move on, dont waste your time stressing because your product is now being used by a thief and this happens everyday.

            Think about how much you've made from sales, and is the product going to give you an income for years to come? if not, then just move on.

            So many WSO are created everyday, some good, some bad, problem is that most are not protected in the right way.

            My advice once you've built you list is offer quailty, then your product wont be shared or stolen, because your customers value what you have to offer.

            I have to say it but so much WSO's are just rehashed crap and others a just pure quailty, i myself have thought about bringing out my own WSO, but i really want it to be useful to people and not just another product that makes me a quick buck.

            Also your product must have been good or it would have not been stolen, but a thief is a thief and what goe's around comes around.

            Hi Steve,

            thanks for adding your perspective. I suppose I shouldn't honor the thief with that much
            attention, but I also feel that I shouldn't just take it lying down.

            I realize that I can't prevent EVERY instance of theft of my intellectual property,
            but I will do what I can, especially when I know about the specifics without spending an
            undue amount of time, energy and/or money.

            Those thiefs count on us thinking it is too much trouble to go after them, and they might
            even believe that we won't find out, and so I believe that we have to make it more risky for them to engage in those kinds of activities.

            Elisabeth
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  • Profile picture of the author DogScout
    "copyright arises upon fixation" - From Wikipedia (Granted, not the best source, but that is correct in this case): Copyright - Wikipedia, the free encyclopedia

    More pertinent info: 10 Big Myths about copyright explained
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  • Profile picture of the author WD Mino
    Here is some info:
    Though I am not a lawyer

    As soon as I put something down on a medium i.e. written,audio,video,etc.
    That works is now copyrighted. copyrighting is not the same as trademarking however you can use the symbol tm without registering that as a trademark and it does provide some form of protection and allows both consumer and competitior to know this is only available through this brand.

    You do not need to provide anything like that except to say by penalty of perjury I swear this is my work or whatever.and this site/person is in violation of the Digital Millenium Copyright Act by serving this copyrighted work without my consent. cease and desist or further steps will be taken

    cheers
    -WD
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  • Profile picture of the author JD Nunes
    This makes me glad that my WSO is a service that I perform, so no one can steal it, other than the sales page.
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  • Profile picture of the author garyv
    I agree with Caleb on this one. Fighting with thieves on the internet is a never ending battle. And I agree that you should NOT go after anyone personally. Because you really never know actual circumstances.

    For instance, when I first started selling on eBay, I found another seller selling an ebook that I had written. This seller was using my graphics and everything. To me it was a clear case of thievery, and I took this person to the woodshed on a public eBay forum they belonged to. I basically ruined their rep (and business) on there. One of my biggest and most regrettable mistakes ever. This person was feeding their family w/ that income. And I found out later that this seller actually purchased the entire package in a PLR package from someone else that had stolen it. So she didn't even know that it belonged to me.

    So do like Caleb said and go about it the professional way. Send the host a take down notice. - Now you can contact the person directly, but keep it professional. Let them know that you are taking all legal steps necessary to prevent them from selling your personal property. But do not stoop to any name calling, etc.

    However - I must tell you that my strategy on this over the last few years has been to just ignore it. When it comes down to dollars and cents, it costs more over all to be chasing your tail all of the time. It's more profitable to just move onward and upward. PLUS - If you're laying your projects out right, then a thief can actually benefit you by inadvertently advertising your other stuff. And then you won't care if someone steals your stuff, because that just means that you have another affiliate spreading your stuff.
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    • Profile picture of the author wordwizard
      Originally Posted by JD Nunes View Post

      This makes me glad that my WSO is a service that I perform, so no one can steal it, other than the sales page.
      LOL! Great point, JD! This is the case for me too in a lot of my stuff, but of course with services you are selling time for dollars, more or less, and I'm trying to add more "stuff for dollars" income so I don't have to work so many hours...

      One way to get around this... through membership sites, which I'm going to work with as soon as I've got them set up...

      People can still steal, but it's self-limiting because I can remove any thiefs and other illegitimate members...

      Elisabeth

      Originally Posted by WD Mino View Post

      Here is some info:
      Though I am not a lawyer

      As soon as I put something down on a medium i.e. written,audio,video,etc.
      That works is now copyrighted. copyrighting is not the same as trademarking however you can use the symbol tm without registering that as a trademark and it does provide some form of protection and allows both consumer and competitior to know this is only available through this brand.

      You do not need to provide anything like that except to say by penalty of perjury I swear this is my work or whatever.and this site/person is in violation of the Digital Millenium Copyright Act by serving this copyrighted work without my consent. cease and desist or further steps will be taken

      cheers
      -WD
      Thanks so much WD! This is very helpful, and will come in handy if Fiverr gives me any grief.

      Originally Posted by DogScout View Post

      "copyright arises upon fixation" - From Wikipedia (Granted, not the best source, but that is correct in this case): Copyright - Wikipedia, the free encyclopedia

      More pertinent info: 10 Big Myths about copyright explained
      Originally Posted by DogScout View Post

      Copyright exists as soon as it is put in physical form, even if never published. Registration of copyright can be retro active, after your work is stolen. But, unless you have income from the material, the damages are extremely limited. (If you are making money with the material, damages can be as high as $175K even if that amount was not made.)
      Thanks for the info and links, DogScout. I really appreciate it.

      This will save me no ends of trouble.

      Elisabeth

      Originally Posted by Kay King View Post

      I think Fiverr is doing CYA to protect their own site. They know the difference between copyright and trademark but want to dump this back on you to prove.

      A copy of the WSO sales page (screenshot including the date) that links to the product should be enough to prove your claim...and include a copy of the page in the product where rights are outlined or claimed.

      This response brought a question to mind. If you write a WSO and offer it for sale but have not put the product online...is it copyrighted? I don't know because IANAL. When published, the copyright is automatic - but if it's not actually published...where does it stand?

      kay
      Thanks, Kay! great points! Of course, I would think even in the strictest of interpretations, once I sell even one copy, it's published, right? So in order to steal it, even if I sell just a single copy to the thief and he/she turns around and resells it, I have a leg to stand on... I think.

      And yes, I think Fiverr is surely covering their back here.

      And yes, they have indeed removed the listing!!!! Yay!

      Elisabeth
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    • Profile picture of the author wordwizard
      Originally Posted by garyv View Post

      I agree with Caleb on this one. Fighting with thieves on the internet is a never ending battle. And I agree that you should NOT go after anyone personally. Because you really never know actual circumstances.

      For instance, when I first started selling on eBay, I found another seller selling an ebook that I had written. This seller was using my graphics and everything. To me it was a clear case of thievery, and I took this person to the woodshed on a public eBay forum they belonged to. I basically ruined their rep (and business) on there. One of my biggest and most regrettable mistakes ever. This person was feeding their family w/ that income. And I found out later that this seller actually purchased the entire package in a PLR package from someone else that had stolen it. So she didn't even know that it belonged to me.

      So do like Caleb said and go about it the professional way. Send the host a take down notice. - Now you can contact the person directly, but keep it professional. Let them know that you are taking all legal steps necessary to prevent them from selling your personal property. But do not stoop to any name calling, etc.

      However - I must tell you that my strategy on this over the last few years has been to just ignore it. When it comes down to dollars and cents, it costs more over all to be chasing your tail all of the time. It's more profitable to just move onward and upward. PLUS - If you're laying your projects out right, then a thief can actually benefit you by inadvertently advertising your other stuff. And then you won't care if someone steals your stuff, because that just means that you have another affiliate spreading your stuff.
      Wow, what a story, Gary. Thanks so much for adding your perspective to this discussion.

      In this case, it was kind of obvious what happened, but I'm glad I went and deleted my snarky response to the perp in my thread right after I posted it... No need to get adversarial here in the open and bring that bad karma to myself about ruining someone's reputation, especially if they're perfectly capable of doing that to themselves.

      The purpose has been accomplished. The guy is no longer on the WF, and his stolen listing on Fiverr has been removed.

      So I'm glad I followed through.

      Good point though with including info that's useful to me in the product, so even if it is "shared" beyond legal permissions, I would still benefit.

      I mean someone in literature once said that having one's work stolen should be considered flattery, but not everyone agrees there either...

      Another point...

      In the case of this particular product, it also involved six other marketers, and so I went to bat not just for myself but also for them, especially in anticipation of the "big official launch."

      For future incidents, I plan to do the same -- focus on getting the offending listings taken down, mostly working in the background with their webhost etc. And thanks to all the great info above, my efforts will be much more streamlined, faster, and more effective.

      Elisabeth
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    • Profile picture of the author nRehman
      Originally Posted by garyv View Post

      I agree with Caleb on this one. Fighting with thieves on the internet is a never ending battle. And I agree that you should NOT go after anyone personally. Because you really never know actual circumstances.

      For instance, when I first started selling on eBay, I found another seller selling an ebook that I had written. This seller was using my graphics and everything. To me it was a clear case of thievery, and I took this person to the woodshed on a public eBay forum they belonged to. I basically ruined their rep (and business) on there. One of my biggest and most regrettable mistakes ever. This person was feeding their family w/ that income. And I found out later that this seller actually purchased the entire package in a PLR package from someone else that had stolen it. So she didn't even know that it belonged to me.

      So do like Caleb said and go about it the professional way. Send the host a take down notice. - Now you can contact the person directly, but keep it professional. Let them know that you are taking all legal steps necessary to prevent them from selling your personal property. But do not stoop to any name calling, etc.

      However - I must tell you that my strategy on this over the last few years has been to just ignore it. When it comes down to dollars and cents, it costs more over all to be chasing your tail all of the time. It's more profitable to just move onward and upward. PLUS - If you're laying your projects out right, then a thief can actually benefit you by inadvertently advertising your other stuff. And then you won't care if someone steals your stuff, because that just means that you have another affiliate spreading your stuff.
      Very productive view.. Like you
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  • Profile picture of the author nRehman
    Interesting.. I think its useless to waste you time in going after thieves.. what we have to do to protect our product as we can, its not difficult but it always have a flaw even... and you know most of the websites here online offering cracked products, what we or govt did with them. Even people are using their PCs to make such commercial and business products without Microsoft's license platform and moreover, how can you know and refuse any buyer of your product that himself or herself is giving link to your product while uploading it download offering websites. Its not a problem of a single person its a problem of whole network specially for small budget related businesses and people working online.

    Above all we all up here know that we are struggling with every moment online to get rid of our computers and websites from hacking and stealing our data from our own rightful places where we have plenty of products and information... I didnt see any positive change yet. So do not burn your blood ... Its like a great fighting game just try to protect it while enjoy playing it, yes safely. And..

    Lets pray for a better environment.
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