what is the best way to handle this thief?

15 years ago

This amounts to copyright infringement and you can request a DMCA take down to remove the offending content by contacting their hosting company. Read their company guidelines on how to submit a take down request or contact them about it because the wording has to be correct.

Thanks
2 replies

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mattlaclear

15 years ago

Originally Posted by Lainie

This amounts to copyright infringement and you can request a DMCA take down to remove the offending content by contacting their hosting company. Read their company guidelines on how to submit a take down request or contact them about it because the wording has to be correct.

Thanks Lainie. I have never filed a complaint like that before so I will Google info on how to do it properly. Looks like all the person did was change his name over mine. At least he kept my wife's name in the testimonials. All he did was replace my name with his own. I guess I should be flattered. But I feel more violated than anything.

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magnates

15 years ago

Originally Posted by mattlaclear

Thanks Lainie. I have never filed a complaint like that before so I will Google info on how to do it properly. Looks like all the person did was change his name over mine. At least he kept my wife's name in the testimonials. All he did was replace my name with his own. I guess I should be flattered. But I feel more violated than anything.

That is evil and should not be tolerated . I would definitely make a complaint

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Kurt

15 years ago

Originally Posted by Lainie

This amounts to copyright infringement and you can request a DMCA take down to remove the offending content by contacting their hosting company. Read their company guidelines on how to submit a take down request or contact them about it because the wording has to be correct.

Actually since they are testimonials and written by others, I don't think Matt has a copyright claim. He would need to get those that wrote the testimonials to complain.

What I would do is file a complaint with the FTC and have as many of the authors as possible do the same.

You can then contact the web host, all money trails, etc and inform them that you've filed a complaint with the FTC.

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Lainie 15 years ago

I know exactly how you feel because the same person has copied my entire website twice and I've had to do 2 DMCA take downs on them. It's really easy and straightforward as long as you can prove without doubt that the content originated from your site.
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Coach Louisa

15 years ago

What do you mean by stole? Your reviews will still be yours although others may copy. I am not sure if I am missing anything

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DanMurray

15 years ago

God this must really bite, i would first before going to deep send the guy an email as taking further action is likely to be useless if you don't even try to contact the guy behind this first

Hope that helps,

Danny

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mattlaclear

15 years ago

I just tried posting a comment on the blog but it is closed to comments. Which robbed myself of 5 minutes worth of time putting together an excellently worded slam.

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sbucciarel

Banned 15 years ago

Originally Posted by mattlaclear

So one of my customers just forwarded me a site in which someone stole all our testimonials from our sales threads. I mean every one of them.

The thief's domain is 1001 Money Makers. What can I do about this?

Report them to their web host?

What other means do I have at my disposal?

The quickest way to get it off their server is the DMCA
http://domainingdiva.com/legal-issue...ipoff-artists/

Sample DMCA included and instructions

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mattlaclear

15 years ago

Originally Posted by sbucciarel

The quickest way to get it off their server is the DMCA
Domaining Diva » Blog Archive » What You Can Do About “Paypal Dispute Ripoff Artists”

Sample DMCA included and instructions

Thanks. Going to go grab a cup of java at Starbucks and will devote my time to taking care of the report to DMCA. Thanks for the link.

Thanks
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Kurt

15 years ago

Originally Posted by mattlaclear

Thanks. Going to go grab a cup of java at Starbucks and will devote my time to taking care of the report to DMCA. Thanks for the link.

As I said in my first post, you probably don't have the rights to do this. Maybe your wife does, as you said she wrote a testimonial, but I don't see how someone can claim copyrights on something they didn't write (unless rights were obtained in other ways).

I would at least check to see the possible recourse if someone issues a faulty DMCA...

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mattlaclear

15 years ago

Originally Posted by NateSimms

Hey Matt.

Where exactly on the site are the testimonials being used?

..I know I just gave you one for your great Page 1 service.

I'd be more than happy to provide further "ammunition" for this cause.

Right here Nate:
You Need To Own The Number 1 Spot On Google Seo : For Sale $200.00 | 1001 Money Makers

Originally Posted by Kurt

As I said in my first post, you probably don't have the rights to do this. Maybe your wife does, as you said she wrote a testimonial, but I don't see how someone can claim copyrights on something they didn't write (unless rights were obtained in other ways).

I would at least check to see the possible recourse if someone issues a faulty DMCA...

No testimonials were written by my wife. The thief took the testimonials with both our names on it and he changed my name and kept hers in them. But I get totally what you are saying.

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Kay King

15 years ago

If you make a post on the WF you retain the copyright to YOUR post - but the Admin of the site also has certain rights. I'd think there are rights if the comments were written for him - and the person in question has changed the name.

I expect every person who made a recommendation is willing to file a complaint. Make up the DMCA notices and then send one and provide them for the other people to send in (makes it easier for them).

kay

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mattlaclear

15 years ago

Originally Posted by Kay King

If you make a post on the WF you retain the copyright to YOUR post - but the Admin of the site also has certain rights. I'd think there are rights if the comments were written for him - and the person in question has changed the name.

I expect every person who made a recommendation is willing to file a complaint. Make up the DMCA notices and then send one and provide them for the other people to send in (makes it easier for them).

kay

That is a brilliant solution Kay. Gonna hop on that right away. Not that this situation is urgent in any way. I know if I don't get it taken care of now it will slowly slip onto my to do list. Once it gets there it may be lost forever.

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Kurt

15 years ago

Originally Posted by Kay King

If you make a post on the WF you retain the copyright to YOUR post - but the Admin of the site also has certain rights. I'd think there are rights if the comments were written for him - and the person in question has changed the name.

I expect every person who made a recommendation is willing to file a complaint. Make up the DMCA notices and then send one and provide them for the other people to send in (makes it easier for them).

kay

IMO, these would be usage rights and not copyrights.

I'm not saying Matt doesn't have rights, I'm suggesting he may not have copyrights and if he doesn't he could get himself into trouble sending out DMCAs.

As Kay suggested, preparing the DMCAs for the authors seems like a good solution, but it's looking like this is one of those situations where legal counsel is best, as this isn't a typical DMCA case.

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KenThompson

15 years ago

Originally Posted by Kurt

IMO, these would be usage rights and not copyrights.

I'm not saying Matt doesn't have rights, I'm suggesting he may not have copyrights and if he doesn't he could get himself into trouble sending out DMCAs.

Kurt, I think you're right about that. Matt does not have copyrights to them.

Matt, I would not send a DMCA for them. But the strategy for the testimonial
writers to do it would be a good idea.

It also seems that you could file a complaint with the FTC and essentially report
the guy since he is using testimonials which are false as applied to him and his
business.

If you wish to do that, then here:

https://www.ftccomplaintassistant.gov

Ken

PS - Matt, I got really curious about this, but I could not (easily) find anything
online about testimonials and copyright. So, I found this attorney in LA through
Google and sent him an email asking about it. Let's see if he replies. Might not be
until after the weekend, though.

http://www.zernerlaw.com

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stodog77

15 years ago

If they don't comply you can buy up the .org, .net, .info ect of the exact domain, and then optimize words like "website scam" "website" "website fake reviews". Most likely not worth your time, but usually that is what I do if all else fails.

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mattlaclear

15 years ago

Originally Posted by stodog77

If they don't comply you can buy up the .org, .net, .info ect of the exact domain, and then optimize words like "website scam" "website" "website fake reviews". Most likely not worth your time, but usually that is what I do if all else fails.

Hahaha...now I like that approach. I could just set up 25 scam keywords for his site itself and then backlink the everlasting heck out of them.

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Alfred Shelver 15 years ago

I can recommend a really good SEO service if you like, the guys name is Andrew LOL

Originally Posted by mattlaclear

Hahaha...now I like that approach. I could just set up 25 scam keywords for his site itself and then backlink the everlasting heck out of them.
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- mattlaclear 15 years ago
  
  Originally Posted by Cathy Shelver
  
  I can recommend a really good SEO service if you like, the guys name is Andrew LOL
  
  Thanks for the straight up belly laugh. I needed it this morning for some reason. Ever have one of those mornings where the kids are bickering (and we have 6 kids!), the coffee spilled and the toast is burning? That's my morning so far. But whiners are hardly ever winners so enough of that.
  
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Nate Simms 15 years ago

Originally Posted by mattlaclear

Hahaha...now I like that approach. I could just set up 25 scam keywords for his site itself and then backlink the everlasting heck out of them.

Hey Matt.

Where exactly on the site are the testimonials being used?

..I know I just gave you one for your great Page 1 service.

I'd be more than happy to provide further "ammunition" for this cause.
- Thanks
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V12 15 years ago

I can recommend a great backlinking service if you need one...

Originally Posted by mattlaclear

Hahaha...now I like that approach. I could just set up 25 scam keywords for his site itself and then backlink the everlasting heck out of them.
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Alfred Shelver

15 years ago

I am listed twice as I gave Matt 2 testimonials, so he has not changed my name and now it seems like I am this douche bags biggest fan LOL. Well what ever I can do I would like to help, as I feel violated.

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ShelbyC

15 years ago

I'd just try the DMCA request anyway and see how it panned out.

If it didn't I'd get a good lawyer to write me a letter, and send to the ISP and the owner of the site. I would have screenshots from Archive.org on my site and on his site and show that his was put up after mine.

I'm not a lawyer and never get legal advice from a forum, please seek your own counsel.

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mrelosa

15 years ago

I think that plagiarism is just one way of saying that they can't handle their own internet marketing. Too bad for them.

I hope you win this. Good luck!

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HeySal

15 years ago

You might not have the copyright to the testimonials - but the guy is using fake testimonials in his business.

I agree with calling the FTC - 11,000 buck fine for what he is doing - and/or complete take-down of his business. If he is using fake testimonials, his products are probably rips, too.

I am thinking the strongest reactions are the best ones anymore. Theft has gotten completely out of hand. I just read one post about a WSO that just got ripped 80 times while sold only 32 times. And how many people have copyrighted material ripped every day?

It's really high time for people to quit turning the other cheek. Forget the flyswatters - get these parasites with both barrels. If they start falling with $11,000 fines, they might start getting the clue that it's no more acceptable to steal online than it is to go into a store and walk out with goods they didn't pay for.

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mattlaclear

15 years ago

Originally Posted by HeySal

You might not have the copyright to the testimonials - but the guy is using fake testimonials in his business.

I agree with calling the FTC - 11,000 buck fine for what he is doing - and/or complete take-down of his business. If he is using fake testimonials, his products are probably rips, too.

I am thinking the strongest reactions are the best ones anymore. Theft has gotten completely out of hand. I just read one post about a WSO that just got ripped 80 times while sold only 32 times. And how many people have copyrighted material ripped every day?

It's really high time for people to quit turning the other cheek. Forget the flyswatters - get these parasites with both barrels. If they start falling with $11,000 fines, they might start getting the clue that it's no more acceptable to steal online than it is to go into a store and walk out with goods they didn't pay for.

It does boil down to just that. If any my customers are willing to report this turkey for stealing your name and testimonials let me know by emailing me at matt@seotrafficservices.org and I'll help you file a complaint via the FTC.

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GarrieWilson

15 years ago

The FTC might send a form letter.

If it really bugs you...

1. Contact the attorney general of his home state. They will send a letter and demand a reply. If whois isnt hidden.

2. Contact the affiliate programs and let them know you will be doing 1 and contacting the FTC. Remind them under new guidelines they are responsible.

Garrie

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khanma4

15 years ago

Hello To everyone:

Oh God, this is so surprising. Why would someone steal testimonials? This is sad and tragic. I hope that Andrew's site is taken down!

Mak.

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doorkicker13

15 years ago

Originally Posted by khanma4

Hello To everyone:

Oh God, this is so surprising. Why would someone steal testimonials? This is sad and tragic. I hope that Andrew's site is taken down!

Mak.

Unfortunately it's not at all surprising. It's happening more and more each and every day.

Good luck Matt.

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Dixiebelle

15 years ago

Hi Matt:

I have read all of the posts in this thread, and there are some really good suggestions here. The only prioblem is they would either cost you some money or take weeks, maybe even months, to execute. Since I have a devious mind, this is what I would do.

Go to whois.net and find out where the site is registered. Shoot off an email to the registrar and share your problem. You might mention that the FTC frowns on fake testimonials, and has begun cracking down on this sort of thing. Tell them that you are planning to file charges against the site owner, but wondered if they might prefer to take the site down until it is settled, since the testimonials don't belong to that site, and are in violation of the rights of those who gave them. Most registrars don't care to get involved in these kinds of sqabbles, and will probably send a 24 hour warning to the site owner to repair his site or lose it.

BTW: If the site is registered at Godaddy, even if it's private, you can expect it to be gone within hours, and probably the domain as well. They jump right on things like that, and 99% of the time, without warning. Getting the domain name back from them will just about take an act of Congress. - that is if he ever gets it back.

All it will cost you is an email and a few minutes of your time.

Hope this helps.

Thanks
1 reply

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chumpschimps

15 years ago

Originally Posted by Dixiebelle

Hi Matt:

I have read all of the posts in this thread, and there are some really good suggestions here. The only prioblem is they would either cost you some money or take weeks, maybe even months, to execute. Since I have a devious mind, this is what I would do.

Go to whois.net and find out where the site is registered. Shoot off an email to the registrar and share your problem. You might mention that the FTC frowns on fake testimonials, and has begun cracking down on this sort of thing. Tell them that you are planning to file charges against the site owner, but wondered if they might prefer to take the site down until it is settled, since the testimonials don't belong to that site, and are in violation of the rights of those who gave them. Most registrars don't care to get involved in these kinds of sqabbles, and will probably send a 24 hour warning to the site owner to repair his site or lose it.

I agree this is one of the quickest and easiest solutions.

It's also a good idea to contact the hosting company because they usually act quite quickly too. I had one experience with a hosting company where they got in touch with the infringing site owner and the copied content was gone within an hour!

If you do send off a DMCA complaint to Google, I've found it's best to fax and follow up with an email copy to get the fastest response - and they don't usually act on email alone.

Thanks
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Your Brand Ebooks

15 years ago

.. > Andrew LaClear is the real deal!

Did anyone notice several occurrences of "Andrew LaClear" in the guy's testi's? Seems he used Search/Replace to change the firstname from Matt to Andrew, but didn't bother doing a Search/Replace to change the lastname !

Matt: I assume you immediately made a copy of the website

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Your Brand Ebooks

15 years ago

If you want to take any action against this guy,

then I'd suggest getting an account at CopyScape
so you can have a third-party backup of his
site, including the testi's containing your lastname.

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1 reply

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chumpschimps

15 years ago

Originally Posted by Your Brand Ebooks

If you want to take any action against this guy,

then I'd suggest getting an account at CopyScape
so you can have a third-party backup of his
site, including the testi's containing your lastname.

You don't need a copyscape account to do this...

In Internet Explorer, click on 'Page' and 'Save as' - it saves the page to your pc, exactly as it appears as a .mht file, so you have a backup if you need it.

The only problem is, if the page is changed enough before Google investigates, they won't do anything, even if you have the copy of the original saved to your computer or anywhere else, including a third party. This would only be useful if you wanted to use it as evidence in a legal case.

I've never really got over how unfair it is that someone can copy your work and content like they do and get away with it. I think there should be penalties that are easier/cheaper to enforce. But, at the end of the day, Google will only act to remove the duplicate content and wouldn't be interested in taking further action, in my experience.

It's made my blood boil every time it's happened to me and, regardless of what they say about imitation being the sincerest form of flattery, this is theft and wrong - but it does happen a lot more than people think.

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StacyGal

15 years ago

Matt - I can't believe that you have to deal with this S***! It's absolutely ridiculous! I was all fired-up when I read this post, but I can't help fight back because he didn't copy any of my testimonials. I wish you luck, though! We're all behind you 100%!

Stacy

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Hesaidblissfully

15 years ago

Originally Posted by mattlaclear

So one of my customers just forwarded me a site in which someone stole all our testimonials from our sales threads. I mean every one of them.

The thief's domain is 1001 Money Makers. What can I do about this?

Report them to their web host?

What other means do I have at my disposal?

Not sure how much good it would do, but it seems the posts on his site go to Ebay listings. If he's using Paypal to take payments, maybe you can report him to them and let them know he's using stolen/fraudulent testimonials.

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HeySal

15 years ago

Dixiebelle - There are no charges to file complaints with the FTC or with any other legal agency. The only charges you ever pay for submitting a crime complaint is if you need a lawyer. The offense is not civil. It is criminal.

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Dixiebelle 15 years ago

Hi Sal: I just r-read my post and saw nothing that said that the FTC charges you to file. The lawyers sure do though.
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Bradley J Anderson

15 years ago

From a similar thread on the WF I read last year:

Originally Posted by Paul Schlegel

Fake testimonials are a highly effective sales technique when combined with fake "reasons why", fake social proof, fake scarcity offers, and fake OTOs and have been shown to blow conversion rates out of the roof (I have fake proof confirming all of that, btw).

You can also minimize refund rates drastically by providing fake customer support.

Why would someone steal your testimonials when he could have just used an online fake testimonial generator and made his own?

Sorry, just thought I would inject a little humor into an otherwise serious situation.

Good luck in handling that, mattlaclear.

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John Romaine

15 years ago

I cant seem to find the testimonials in mention???

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Bradley J Anderson 15 years ago

Originally Posted by ramone_johnny

I cant seem to find the testimonials in mention???

Here you go:

www DOT 1001moneymakers.com/you-need-to-own-the-number-1-spot-on-google-seo-for-sale-200-00 DOT html

No sense in giving him any more free publicity.
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chumpschimps

15 years ago

Part of the DMCA complaint has the following line, or something similar included:

"I hereby state, under penalty of perjury in a United States court, that the material given here is accurate and I am authorized to act on behalf of the copyright holder."

As the testimonials have been written for you, then you are authorized to act.

I've done several DMCA complaints in the past and the only problem is that they can take months and, even then, nothing might happen at the end of it.

I know how frustrating it can be - I've had whole websites copied in the past, word for word, and I understand how violated you must be feeling.

Good luck

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THK

15 years ago

I sure hope that you take care of this thief and give him what he deserve. But one thing I probably wouldn't do is give him a strong back link from this forum.

Then again, you are the expert. You know it better than me

Tanvir

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naviown

15 years ago

Fkin thieves, I hate them, You shoud report this.

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Nonny

15 years ago

They are running AdSense ads on that page. You can also submit a DMCA notification to AdSense, and Google provides a form to do so:

Contact Us - Google Help

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John Romaine

15 years ago

Matt.

You hold him down dude and Ill give him a few slaps.

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what is the best way to handle this thief?

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