Is it ILLEGAL to steal somebody's copywriting?

14 years ago

Originally Posted by Jason H

So I was browsing through the web, and I stumbled upon somebody's site, where they stole my copywriting word-from-word from my site.

Is there something that can be done about this?

Send them and their hosting company a C&D.

If that doesn't work...hire a lawyer if you can afford one.

Thanks

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rapidscc

14 years ago

Hi,

I'm not a lawyer so my opinion won't count in any legal proceedings.
Still I'll give it if it's alright..

I think if one person copies the word of another exactly as it is
that is called "Copyright Infringement" and can be a ground for
filling legal action.

my .02

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1 reply

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AnniePot

14 years ago

Forgive me if I come across as cynical on this issue, but believe me, I have good cause to be.

Back in 2003 a company based in Las Vegas NV stole my domain name, the only difference being a hyphen. They then proceeded to copy my entire website. But, that wasn't enough, they also stole databases of members belonging to my competitors and added them to their bogus website AND charged them and new people they enticed for the privilege of being there.

My competitors were in uproar. I hired an attorney who served them with several C and D orders; we wrote to their hosting company with tons of evidence; we even contacted the Nevada Attorney General's Office who replied that they could see no evidence of wrong doing.

In the end I was forced to walk away from my long established domain name and website and start again. I have never fully recoved in that field of business.

Thanks
1 reply

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John Romaine

14 years ago

Originally Posted by AnniePot

Forgive me if I come across as cynical on this issue, but believe me, I have good cause to be.

Back in 2003 a company based in Las Vegas NV stole my domain name, the only difference being a hyphen. They then proceeded to copy my entire website. But, that wasn't enough, they also stole databases of members belonging to my competitors and added them to their bogus website AND charged them and new people they enticed for the privilege of being there.

My competitors were in uproar. I hired an attorney who served them with several C and D orders; we wrote to their hosting company with tons of evidence; we even contacted the Nevada Attorney General's Office who replied that they could see no evidence of wrong doing.

In the end I was forced to walk away from my long established domain name and website and start again. I have never fully recoved in that field of business.

Wow, thats horrible.

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enrikole

14 years ago

After you send C&D most guys will take it down. I do not think its worth going after them, unless you really do have a budget.

It will be way easier to deal with their hosting company, so really complain to them

Thanks

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Michael Mayo

14 years ago

Send the site owner a C&D
Send the site owners host a DMCA

If the site owner does not remove the content then the Host will be forced to do so.

Hope that Helps,
Have a Great Day!
Michael

Disclaimer: I'm not a lawyer so use this info at your own risk!

Thanks

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zxcvbad

14 years ago

It depends on where the stealer lives, which law is applicable there, if its a Russians forgot about it.

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Jason H

14 years ago

What is a C&D and DMCA?

Thanks
2 replies

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Michael Mayo 14 years ago

Originally Posted by Jason H

What is a C&D and DMCA?

Cease and desist (C&D)
The Digital Millennium Copyright Act (DMCA)

Have a Great Day!
Michael
- Thanks
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seasoned 14 years ago

Originally Posted by Jason H

What is a C&D and DMCA?

A C&D is a "cease and desist" order. It basically says that you KNOW what they did, can prove it, and may prosecute if they don't take the stuff down, and stop doing this. DMCA is "Digital Millennium Copyright Act" that basically covers any party that is helping one to infringe on a copyright. Functionally, it is the same as a C&D. It holds more weight, but really only in the US.

BTW if the wording is common, or a very small section, or used as an example or to teach, and is only a part, you may have no case. If your stuff isn't registered, it may not be enforcable.

OF COURSE, IANAL!

Steve
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Rezbi

14 years ago

Originally Posted by Jason H

So I was browsing through the web, and I stumbled upon somebody's site, where they stole a section of my copywriting word-from-word from my site.

Is there something that can be done about this?

You say a 'section', how much exactly did they steal?

There's loads of sales letters out there with identical sentences and paragraphs, but not the whole thing.

Thanks

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vincentsg

14 years ago

hi jason

send this guy first a C&D and send the host company of DMCA and if it will take a long time to process this hire a lawyer right away.

Thanks

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Jag82

14 years ago

Originally Posted by Jason H

So I was browsing through the web, and I stumbled upon somebody's site, where they stole a section of my copywriting word-from-word from my site.

A whole section? Word for word?

Now that's stealing!

And you have every right to get them shut down.

You may want to first email and ask them
politely to change their wording.

Usually that solves thing. But if it doesn't,
a cease and desist letter is probably the
way to go. Also contact their host if they
can help you out.

You can check out their administrator details
through WHOIS.

I hope things will work out for you!

Jag

Thanks

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Rod Cortez

14 years ago

Originally Posted by Jason H

So I was browsing through the web, and I stumbled upon somebody's site, where they stole a section of my copywriting word-from-word from my site.

Is there something that can be done about this?

Yes, it is illegal to plagarize someone else's copy righted web content. Having written that, here's something to ponder to see if it's even worth your time.

My first question to you is: what damages have you suffered? That was first question an attorney asked me when I wanted to go after someone who blatantly used a section of one of my sales pages. I took screen shots and had them date stamped as proof that it was word-for-word, bullet-by-bullet (some people are just plain lazy).

You can go to websites like LegalZoom.com or ClarkHoward.com and find a generic Cease & Desist letter. If they're in a different country you can always try it anyway, then step it up and contact their hosting provider. But honestly, ask yourself how much damage is really being done to you. Are they really affecting your business? Are you losing business because of this?

RoD

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kevinfar

14 years ago

It's always a case of whether or not you think it's worth while to chase after these people.

I mean some will tell you that you can go create another website and make more money in the time that you would spend getting them to take down your stuff.

So as the above posted said, how much damage has been done to you? Whilst it is illegal to steal from someone, like what has happened to you, you have to be objective and distance yourself from the whole thing, and ask whether it is possible (both effort wise and financial wise) to take legal action if the small scale methods do not work out.

Kevin

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Is it ILLEGAL to steal somebody's copywriting?

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