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Federal Lawsuit for an Autoblog?

by amazingfind
15 replies
Hi Guys,

I'm running an autoblog around the "DUI" topic. I recently received word that there is a federal lawsuit against me for using "copyrighted" material.

Typically, I might receive notice that I'm using copyrighted material via email communication and then I simply remove the page. In this case, there was no contact from them and I received a letter via mail.

Has anyone had any experience with this, and is this something that I should be worried about?

Thanks,
~Jo
#autoblog #federal #lawsuit
  • Profile picture of the author Ken Strong
    You haven't really given enough details, and in any case DO NOT take legal advice from a forum. Go see an attorney if you have concerns.

    That being said, my non-expert non-legal non-attorney first reaction is: were you served actual legal papers? Is there a case number on the papers? Go check with the court where it's supposedly filed and see if that case number is actually listed, or search under your name and see if there are any actual cases on file. That's the first thing I'd do.
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  • Profile picture of the author VegasGreg
    Not legal advice, but my thoughts...


    Yes, you can be sued for stealing other peoples content. Yes, sometimes you just get a nice letter saying take my material off your site. Those are the lucky people. If you steal someones article or image without their consent, then yes they can sue you and the fines are quite stiff. I have seen fees up to $150,000 per offense not including legal fees.

    Now, I do mention the word "steal" as I am assuming you didn't have permission to use said material or you wouldn't be here asking.

    And it is typical that most people that use 'auto-blog' software do not use it legally and just scrape any and all material they can find for their own site without regards to the law or ethics. (Images and articles)

    There have been lots of posts on this forum warning people of this, but a large majority of people just say "don't worry, you will only get a letter".

    However, getting sued for copyright infringement is getting bigger every day. It may be released as a WSO soon showing how to make $150,000 per article written. Just publish it on your site and wait for someone to steal it and then sue them. Sure beats a few affiliate sales.
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    • Profile picture of the author stepman77
      Originally Posted by VegasGreg View Post

      ...It may be released as a WSO soon showing how to make $150,000 per article written. Just publish it on your site and wait for someone to steal it and then sue them. Sure beats a few affiliate sales.
      Ha, that's so funny because it's true.

      I'd buy that WSO =D
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  • Profile picture of the author ShayB
    Originally Posted by amazingfind View Post

    Typically, I might receive notice that I'm using copyrighted material via email communication and then I simply remove the page. In this case, there was no contact from them and I received a letter via mail.
    So......you do this on a regular basis then? "Typically" as in you habitually steal content from other sources, then take it down after they notify you?

    Sorry....not much sympathy for you if that's the case...:rolleyes:
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    "Fate protects fools, little children, and ships called Enterprise." ~Commander Riker
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    • Profile picture of the author jbo
      Again this is not legal advise just my opinion.

      In the content that you use for your autoblog do you leave the authors details and a link to the original website. If you don't credit the author then you are claiming that it is your own.
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    • Profile picture of the author amazingfind
      I've been autoblogging for many years now, and I've used many of the popular autoblog programs out there... i.e. wp robot, caffeinated content, wp tweet bomb, etc...

      Like many internet marketers, my sites have a combination of hand written articles, spun, and autoblog content... so they aren't purely splogs.

      Over the years, I've received maybe 7-8 requests to remove content from a site I own that has some form of copyrighted material on it. I, of course, oblige immediately and remove the offending material.

      Now many of you may disagree with using this method, and well it's understandable.

      However, my question is there anyone with actual experience with this... Anyone been sued and what was your experience and possible recourse with this?
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      • Profile picture of the author amazingfind
        "In the content that you use for your autoblog do you leave the authors details and a link to the original website. If you don't credit the author then you are claiming that it is your own."

        JBO - Yes, i always leave author details and a link to the original website.
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  • Profile picture of the author vansterdam420
    Perhaps one of the people who previously e-mailed you caught you stealing their content again. If you've been contacted so many times, you should've seen this coming. You obviously never took this seriously from the start.

    I like Greg's idea about using content as lawsuit bait as a money making strategy. Too funny, but not so funny because it would probably work.
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  • Profile picture of the author KenB
    I highly suggest you get a lawyer to verify your options.
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    • Profile picture of the author amazingfind
      Originally Posted by KenB View Post

      I highly suggest you get a lawyer to verify your options.
      Thanks guys, will do.
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  • Profile picture of the author Claire Sharp
    This is a legal matter. You better ask help and advice to the one who is into this matter.
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  • Profile picture of the author Dan C. Rinnert
    VegasGreg is right. A copyright holder need not send you a nice letter asking you to remove content first. That is not a requirement prior to suing. They can jump straight to a lawsuit if they wish.

    But, as others have said, talk to a lawyer.
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  • Profile picture of the author Rsberg
    As the others have said your best option at this point is to talk to a lawyer.

    On a semi personal note though...

    I would HIGHLY suggest you stop using whatever software/plugin you are using if it is posting scraped content from sources that don't specifically authorize syndication. Not only is it illegal (which you are learning now if you didn't already know it) but it's certainly unethical as well. As an autoblogger myself I don't think we (autobloggers in general) need to give anyone (Google, auto-haters, writers...etc) anymore reason to be skeptical about this form of IM so having said that you really need to start getting your content from approved sources...unless you like getting sued and don't care about your reputation!
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  • Profile picture of the author LB
    I've said it over and over on this forum...there is NO requirement for someone to ask you nicely or send a cease and desist letter before filing suit.

    The only right answer is to seek qualified legal advice.
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  • Profile picture of the author timpears
    If you are taking articles (or anything for that matter) from other peoples web sites, that is stealing and you can get in big trouble for it, no ifs ands or butts. Using software to steal materials doesn't relieve you of the responsibility.

    Where did you ever get the idea you could take things from other peoples sites with impunity? Didn't your momma ever teach you it isn't nice to steal other peoples stuff?
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    Tim Pears

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