The Problem of Students Becoming the Competition

Tiffany,

Here's my take on it. Like the rest, it's personal opinion.

A student? That's not your casual pirate. That calls for hardball.

First, I'd get several people to save copies of the offending material, for evidence. I'd also do a full page grab using Snagit.

Then I'd send a note instructing the person to remove any and all copied material. Not asking. Instructing. No mention of consequences if they don't. Just, "My stuff. Remove it."

If they complied, I'd just let my friends know not to trust that person. That can be an expensive place to live.

If they didn't remove it, I'd get into the process. Screw this stuff about accepting it as part of the business, or outcompeting them, or pretending that the customer knows the difference in quality before they buy the products. Make the bastich pay, in Big Coin.

File a DMCA notice with their web host. A proper one. If the student claims it's not infringing, and the host fails to remove it, up the ante and expose the student publicly. (But be careful about how you do it. Stick to facts, and keep your opinions about the creep's character out of it.)

Inform their payment processor(s) that they're using copyrighted material without authorization. Quote any relevant sections of the terms of service.

If they used any demonstrably copied material in emails to a list, I'd inform their list host, and quote the relevant parts of the terms of service. Losing your list because you were too lazy to write your own content is a hard lesson.

If they use an outsourced affiliate solution, I'd inform them, quoting the relevant parts of their terms of service. Losing your whole affiliate force really sucks.

Using AdWords? Same thing.

Talk to their affiliates, if they have any and they can be identified.

I'd look for every single point of failure in their process and make every effort legally and ethically allowable to break it.

And then I'd use the hammer: I'd make sure every one of my friends new to avoid them. You know a lot of people, Tiffany. That could be a business-buster for them, if they rely on affiliates or joint ventures or some outsourced services.

Some people miss the power of that last one, because they don't understand that it might not get them right away, but it will get them more certainly over time.

It's bad for a stranger to steal from you. It's evil for a friend to do it. It's stupid for a student to do it.


Paul