This guy rips me off almost every day!...

62 replies
Hi Guys

There is a guy with a blog that rips off my content almost every day. He just directly steals even my emails to my subscribers and puts them on his blog as content.

For example, I sent out an email to my subscribers today and low and behold, less than an hour later there it is on his blog, here...

[Link Removed By Moderator]


All he has done is to change the 'Hi [[firstname]] to 'Hi Affiliate'

I supose I should be grateful that he at least leaves my links intact, but the annoying thing is that this guy must have joined my list as a subscriber just so he could rip off my content.

Sheeesh! Some people.
#day #guy #rips
  • Profile picture of the author Jon Alexander
    embed something in the body of the email specific to each subscriber, then you'll catch him. Hide it in a link as a 'spare' parameter or something.
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    • Profile picture of the author Roy Carter
      Originally Posted by Jon Alexander View Post

      embed something in the body of the email specific to each subscriber, then you'll catch him. Hide it in a link as a 'spare' parameter or something.
      Hi Jon - How would I go about doing that. I'm a bit non-techie so no idea as to how that would be done.

      Sounds good though.

      Edhan - Yes that's exactly what he's doing. Might have been polite to ask though and there are some emails to my subscribers that provide things that are ONLY for my subscribers. This guy will make those emails public without my permission.
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      • Profile picture of the author Kamran
        i know what he is doing. he subscribed to your email list with the mail2blogger email. Mail2blogger is a secret email that you get from the settings of your blogger blog, where if u send anything, it gets published in your blog.
        So, the best thing for you is search your list for "@blogger.com" without quotes, his first name will most probably be "Affiliate", delete this and your problem is solved
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      • Profile picture of the author askloz
        Auto responders have a extra case field of sorts, you can use it like

        http://www.domain.com/{name} and encase it behind a transparent image.

        even though a link may not reside on your site, you'll get a note in your server logs of errors, or traffic stats, you'll get to see it.

        There's other methods, but that's one way.

        Originally Posted by Roy Carter View Post

        Hi Jon - How would I go about doing that. I'm a bit non-techie so no idea as to how that would be done.
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        • Profile picture of the author Roy Carter
          Originally Posted by askloz View Post

          Auto responders have a extra case field of sorts, you can use it like

          http://www.domain.com/{name} and encase it behind a transparent image.

          even though a link may not reside on your site, you'll get a note in your server logs of errors, or traffic stats, you'll get to see it.

          There's other methods, but that's one way.
          Cool! Thanks Loz. Much appreciated.

          God I love this place!

          Roy
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          • Profile picture of the author Steven Wagenheim
            Roy, report the guy to his web host and be done with him.
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            • Profile picture of the author Randy Bheites
              Originally Posted by Steven Wagenheim View Post

              Roy, report the guy to his web host and be done with him.
              That's not going to do a whole lot of good. Hosts are not recess monitors, they rarely take any kind of serious action unless not doing so directly creates a liability for them, such as widespread spamming or warez. In the real world, learning to protect yourself works a lot better than crying to mommy.
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    • Profile picture of the author Zonae Unlimited
      That a Nice Idea Jon
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  • Profile picture of the author edhan
    I do have people doing that for some of my sites but having a link back to those sites. I take it as people doing advertising for me. I do not mind as long as my link is intact. So looking on the bright side is your content is being used to advertise in his blog. You are getting links back to your site. Basically you do not really lose anything except that he copied your content to build his blog. I guess he is taking it as article to add into his blog.
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    • Profile picture of the author MeTellYou
      Originally Posted by edhan View Post

      I do have people doing that for some of my sites but having a link back to those sites. I take it as people doing advertising for me. I do not mind as long as my link is intact. So looking on the bright side is your content is being used to advertise in his blog. You are getting links back to your site. Basically you do not really lose anything except that he copied your content to build his blog. I guess he is taking it as article to add into his blog.
      That's a good attitude unless the guy is promising something specific to his list in the emails and then the list finds out that it's not only the list that gets that specific thing...
      I can't word things well today... sorry
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      • Profile picture of the author edhan
        I know how one feels about this.

        For me, I always look on the bright side of life. Since it is already happening to some of my sites where content are being re-used, I take it as promotion by others. It's hard to stop these things from happening. So instead of being stressed out, think on the bright side of life - sharing.

        I know that it supposedly to be private since it is meant for subscribers. But I look on the brigher side, he may be helping me to get more subscribers as some may want to receive directly from emails instead of reading off from the blog.

        I have subscribed some mailing lists as I do not want to read them from the Internet and get direct response from emails.

        Hopefully, the site can help you to build more subscribers and giving you more sales!!!
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  • Profile picture of the author Roy Carter
    Kamran - Nice one buddy! Got him!

    Many thanks.

    Roy
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  • Profile picture of the author Roy Carter
    Hi Steven,

    Thanks for that. It's a Blogger blog and he's using my content with Adsense. Some of the pages are ranking pretty well for certain keyords in the search engines so he's making money like that from my content.

    I guess even my emails to my subscribers are SEO'd properly in the way I write them - Force of habit I guess.

    Roy
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    • Profile picture of the author Dan C. Rinnert
      Originally Posted by Roy Carter View Post

      It's a Blogger blog and he's using my content with Adsense.
      You can probably report him to AdSense too then.
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    • Profile picture of the author mmurtha
      Originally Posted by Roy Carter View Post

      Hi Steven,

      Thanks for that. It's a Blogger blog and he's using my content with Adsense. Some of the pages are ranking pretty well for certain keyords in the search engines so he's making money like that from my content.

      I guess even my emails to my subscribers are SEO'd properly in the way I write them - Force of habit I guess.

      Roy
      Hey Roy,

      It's a shame you got rid of the bugger lol. I would have copyrighted my emails/content, let him do it again, then contacted his host and the adsense support saying that he was infringing on your copyrighted material lol.

      I had someone do something similar to my blog and forum posts. That's until I started putting copyright symbols on everything with a nice little notation stating that anyone caught stealing this content will be prosecuted to the fullest extent of the law.

      It doesn"t catch them all, but it sure did slow many down.

      Anyway, glad you got it resolved.


      Mary
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  • Profile picture of the author Fernando Veloso
    Roy, If you report him, be prepared to lose some hours just to prove your content its in fact yours. Witch is kind of annoying.
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  • Profile picture of the author DonDavis
    Did you find your culprit with Kamran's advice?
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    • Profile picture of the author naruq
      Contact the gentleman who is taking your content.
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      • Profile picture of the author Paul Myers
        Roy,

        If you got an address like Kamran described, send special emails, just to that one. Something along the lines of this might be useful:

        Subject: I'm a thief

        Yes, really. I sign up for lists and steal the content other people work hard to create. I have it automatically posted to this blog, so that I can make money off their brains and effort.

        So please, click on those ads over there, so that I can continue to rack up those pennies at someone else's expense, okay?

        Thanks.


        When it gets posted, report it to Google's AdSense team.


        Paul
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        • Profile picture of the author Roy Carter
          Originally Posted by Paul Myers View Post

          Roy,

          If you got an address like Kamran described, send special emails, just to that one. Something along the lines of this might be useful:

          Subject: I'm a thief

          Yes, really. I sign up for lists and steal the content other people work hard to create. I have it automatically posted to this blog, so that I can make money off their brains and effort.

          So please, click on those ads over there, so that I can continue to rack up those pennies at someone else's expense, okay?

          Thanks.


          When it gets posted, report it to Google's AdSense team.


          Paul
          Paul - Man! That Rocks! Thank you. What a brilliant idea.

          Many thanks.
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          • Profile picture of the author Fernando Veloso
            Originally Posted by Roy Carter View Post

            Paul - Man! That Rocks! Thank you. What a brilliant idea.

            Many thanks.
            So Roy, did you do it?

            If you do remember to join with us how it goes!!!

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            • Profile picture of the author Paul Myers
              Every time a thread like this comes up, we see the same thing. A bunch of people treating the person who objects to having their content stolen like they're an idiot. The people responding this way assume that their priorities and opinions should be considered as superior to those of the person who owns the material.

              As business owners, I think that's one of the dumbest damned positions I have ever seen. Plain, pure, short-sighted, thoughtless pragmatism.

              And the group doing this often includes smart, responsible, honest businessfolk, which scares the hell out of me.

              One of the key aspects of the concept of ownership is that, within the bounds of the law, the person who owns a thing gets to decide what is done with it. They aren't required to explain or defend their decisions in that regard, and it's extremely damaging to the industry as a whole for respected people to dismiss someone's rights so casually.

              Every time you argue that the person who objects to theft is wrong, because you would allow the usage in question, you arm the clueless and the dishonest with arguments and a moral stamp of approval on piracy.

              Terry - If I steal one of your commercial products and distribute it without your permission, but I leave the links intact, am I your friend?

              Bob - (Yes, I saw the "thank you") - If I pirate LFM with the links intact, am I doing you a favor?

              Floyd - same question about Co-Reg Master.

              "But that's not the same thing!"

              It sure as hell is. It's taking control of someone's property without their permission. It's stealing, regardless of the associated price tag or relative degree of damage. Morally and ethically, the acts are equal.

              Guys like Roy, who are willing to take a stand on principle, are defending your rights, too. Those of you who treat that as less than what it is are cutting Roy's throat, my throat, your own throats, and the throats of every honest creator in the market.

              I expect that from newbies. I am surprised to see it from experienced and honest creators of useful intellectual property.

              Roy's property. Roy's priorities. Roy's decision.

              Any other stance on it is more damaging to the members of this group than all the spammers and con artists who've ever tried to exploit the place.

              Respect for property rights is close to the root of any civilized society.


              Paul
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              • Profile picture of the author stevenh512
                Originally Posted by Paul Myers View Post

                Every time a thread like this comes up, we see the same thing. A bunch of people treating the person who objects to having their content stolen like they're an idiot. The people responding this way assume that their priorities and opinions should be considered as superior to those of the person who owns the material.
                Actually I can see both points of view on this. If it were me, depending on the nature of the content, I'd probably be tempted to use it as free advertising and just call it "no harm, no foul." On the other hand, as the owner of the content (either you created it yourself or outsourced it as a "work made for hire") do you have the right to control if (and how) people can distribute that content, so if Roy doesn't want this guy using his content the way he's using it, he's well within his rights to do whatever he needs to do (legally) to put a stop to it.
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                • Profile picture of the author Paul Myers
                  Steven,
                  Actually I can see both points of view on this.
                  You're within your rights to allow a thief to continue his theft unmolested if you prefer.

                  My problem isn't with what anyone chooses to allow. It's with dismissing someone else's choice of how they allow their property to be used.

                  That just encourages people with less experience, brains or scruples to do the same thing.


                  Paul
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                  • Profile picture of the author stevenh512
                    Originally Posted by Paul Myers View Post

                    Steven,You're within your rights to allow a thief to continue his theft unmolested if you prefer.
                    But if I allow it, wouldn't that make the person no longer a thief (since they're not really taking it without my permission)? lol

                    My point is that, depending on the nature of the content, if I'm giving it away free anyway and the person is leaving all of my links intact.. I'd be willing to bet I'm making more money off of his use of my content than he is.. so I might be tempted to look at it in the same way I'd look at a "free viral report" that many marketers encourage people to give away.

                    My problem isn't with what anyone chooses to allow. It's with dismissing someone else's choice of how they allow their property to be used.

                    That just encourages people with less experience, brains or scruples to do the same thing.
                    I totally agree with you on this, though. It's not my place or anyone else's to tell Roy that he's wrong for trying to protect his content from being used by someone else against his will. It's his content and that's totally up to him. Whatever he decides to do with it, ultimately he's right, because he's the only person who really has the right to make that decision. If he chose to do what he did (find out the blogger's email address and remove him from his list), or to follow some of the more "slightly vindictive" suggestions that were offered here, he'd be right. If he chose to get a lawyer involved he'd also be right (but it would be a bit too expensive for my tastes.. lol). And if he chose to just allow it to continue happening and see it as "free advertising" then, of course, I think he'd still be right.
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        • Profile picture of the author DaveLloyd
          Originally Posted by Paul Myers View Post

          Roy,

          If you got an address like Kamran described, send special emails, just to that one. Something along the lines of this might be useful:

          Subject: I'm a thief

          Yes, really. I sign up for lists and steal the content other people work hard to create. I have it automatically posted to this blog, so that I can make money off their brains and effort.

          So please, click on those ads over there, so that I can continue to rack up those pennies at someone else's expense, okay?

          Thanks.


          When it gets posted, report it to Google's AdSense team.


          Paul
          Now that's clever!

          The results could be quite hilarious!

          Dave
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        • Profile picture of the author Johnny
          Originally Posted by Paul Myers View Post

          Roy,

          If you got an address like Kamran described, send special emails, just to that one. Something along the lines of this might be useful:

          Subject: I'm a thief

          Yes, really. I sign up for lists and steal the content other people work hard to create. I have it automatically posted to this blog, so that I can make money off their brains and effort.

          So please, click on those ads over there, so that I can continue to rack up those pennies at someone else's expense, okay?

          Thanks.


          When it gets posted, report it to Google's AdSense team.


          Paul
          This is very brilliant
          Very interesting, can't help laughing
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        • Profile picture of the author askloz
          ROTFLMAO, good one

          Originally Posted by Paul Myers View Post

          Roy,

          If you got an address like Kamran described, send special emails, just to that one. Something along the lines of this might be useful:

          Subject: I'm a thief

          Yes, really. I sign up for lists and steal the content other people work hard to create. I have it automatically posted to this blog, so that I can make money off their brains and effort.

          So please, click on those ads over there, so that I can continue to rack up those pennies at someone else's expense, okay?

          Thanks.


          When it gets posted, report it to Google's AdSense team.


          Paul
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        • Profile picture of the author Kishor Karsan
          Originally Posted by Paul Myers View Post

          Roy,

          If you got an address like Kamran described, send special emails, just to that one. Something along the lines of this might be useful:

          Subject: I'm a thief

          Yes, really. I sign up for lists and steal the content other people work hard to create. I have it automatically posted to this blog, so that I can make money off their brains and effort.

          So please, click on those ads over there, so that I can continue to rack up those pennies at someone else's expense, okay?

          Thanks.

          When it gets posted, report it to Google's AdSense team.


          Paul
          This has made my afternoon..... SO SO funny, very nice revenge if I may say so

          But Roy, thank god u got him, but this way would have been sweet, can you imagine the look on that thiefs face if he read it....

          This forum is so cool....


          Regards

          Kishor
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        • Profile picture of the author sylviad
          Originally Posted by Paul Myers View Post

          Roy,

          If you got an address like Kamran described, send special emails, just to that one. Something along the lines of this might be useful:

          Subject: I'm a thief

          Yes, really. I sign up for lists and steal the content other people work hard to create. I have it automatically posted to this blog, so that I can make money off their brains and effort.

          So please, click on those ads over there, so that I can continue to rack up those pennies at someone else's expense, okay?

          Thanks.

          When it gets posted, report it to Google's AdSense team.


          Paul
          Good one, Paul. I love it!

          Do you think he'd really be stupid enough to actually publish it?
          That'd be so funny if he did.

          Sylvia
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          • Profile picture of the author Randy Bheites
            Originally Posted by sylviad View Post

            Good one, Paul. I love it!

            Do you think he'd really be stupid enough to actually publish it?
            That'd be so funny if he did.

            Sylvia
            If he has an autoblog, he won't even know it's been posted, the script does it all for him.
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      • Profile picture of the author Roy Carter
        Originally Posted by cosmokid View Post

        I wouldn't call him a gentleman. There's a lot of other things I'd call him!

        Jennifer
        Lol I can think of a few names too!

        Roy
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    • Profile picture of the author Roy Carter
      Originally Posted by DonDavis View Post

      Did you find your culprit with Kamran's advice?
      Yep. Got him thanks.
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  • Profile picture of the author Floyd Fisher
    Originally Posted by Roy Carter View Post

    Hi Guys

    There is a guy with a blog that rips off my content almost every day. He just directly steals even my emails to my subscribers and puts them on his blog as content.

    For example, I sent out an email to my subscribers today and low and behold, less than an hour later there it is on his blog, here...

    [Link Removed By Moderator]


    All he has done is to change the 'Hi [[firstname]] to 'Hi Affiliate'

    I supose I should be grateful that he at least leaves my links intact, but the annoying thing is that this guy must have joined my list as a subscriber just so he could rip off my content.

    Sheeesh! Some people.
    Roy:

    If he's leaving your links intact, that means he's making you money. Am I right?

    Shouldn't you be grateful? After all, he's getting you SEO exposure, the links ensure you get paid, and you don't have to do any work in the process.

    But if you really are that ticked off, you could file a DCMA request and get him shut down. But think of all the money you're losing.....
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  • Profile picture of the author TerryTelford
    Hi Roy

    When you find the subscriber, please send him to my list I think you've got a big fan. If he's leaving your links intact, he's giving you free publicity. I'd be angry if he replaced the links, but you've got it made If I were you I'd ask all my subscribers to follow his lead. It's free advertising!

    Enjoy your day!
    Terry
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  • Profile picture of the author Roy Carter
    Floyd & Terry - I know where you're coming from guys, but it's not about the money, it's about the principle of people taking and using content that doesn't belong to them.

    As I mentioned, he's using emails that I send to my subscribers and is directly copying them onto his blog. There is sometimes information that I send out that I only want my subscribers to have.

    That devalues the uniqueness of some of the information and content that I send to my list.
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  • Profile picture of the author sainshea
    Do two things a) Place your website link in each of your post/emails.
    b) Contact him personally once and if he still don't stop report to hosting company and if he uses any kind of advertisement like adsense, report them too.
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  • Profile picture of the author Roy Carter
    Paul - Many thanks for stating so eloquently what I couldn't seem to exactly get across to people myself. Could have been me talking (except I can't write like that )

    Mary - Thanks for that. Good idea.

    Fernando - Actually I had already found the guy (thanks to Kamran) and deleted him from my subscriber list before I read Paul's first post. He'll probably be back in another guise though, so if he does come back I'll use Paul's suggestion and other ideas seen here.

    Many thanks to everybody. I'm sure the ideas presented here will help others who find that they are having their content stolen.

    Roy
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    • Profile picture of the author Fernando Veloso
      Originally Posted by Roy Carter View Post

      I'm sure the ideas presented here will help others who find that they are having their content stolen.
      You bet on that! Thats why i love this forum so much.
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  • Profile picture of the author John Atkins
    Well, that's what I hate about IM. Everyone is always stealing content from others and you can't do anything to stop them :/

    Originally Posted by Roy Carter View Post

    Hi Guys

    There is a guy with a blog that rips off my content almost every day. He just directly steals even my emails to my subscribers and puts them on his blog as content.

    For example, I sent out an email to my subscribers today and low and behold, less than an hour later there it is on his blog, here...

    [Link Removed By Moderator]


    All he has done is to change the 'Hi [[firstname]] to 'Hi Affiliate'

    I supose I should be grateful that he at least leaves my links intact, but the annoying thing is that this guy must have joined my list as a subscriber just so he could rip off my content.

    Sheeesh! Some people.
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  • Profile picture of the author JonathanBoettcher
    Paul - I agree with you on principle - but the question is where do you draw the line?

    In this case, the content is provided to Roy's subscribers - there's a definite boundary setup already that ought to be respected.

    But IMO you can't take the same concept all the way, because then the internet nearly ceases to exist.

    Consider posting YouTube videos on personal sites; what about news-aggregators and the like? These all are using content without explicit permission...

    In my view though, the content has been taken from sources that are already open and find-able to the general public, they're just pulling stuff together into a more useable resource.

    By nature, Roy's list isn't open to the general public (even if it's free, it's restricted because it is a list) - thus there's a difference.

    /2 cents
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  • Profile picture of the author AndyBlackSEO
    I hate people who kust blatently steal all your orignal wording and content and stick it on their site. I had it happen to me where they stole content, word for word from one of my websites. The thing that annoyed me was that there was no contact email, address or anything. One of those setup and leave blogs. Those people getright up my nostrils.
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    • Profile picture of the author radhika
      I don't see any problem here. He didn't change your links. He didn't change any of your article cntent. So it is similar like you posting your article on many article publishing sites.

      Don't you submit your articles to ezinearticles.com and other sites? If you don't, then I'd agree with you getting angry on him. If you do submit your articles, then I don't see any point you starting this thread (especially when he didn't change your article content or links).

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      • Profile picture of the author stevenh512
        Originally Posted by radhika View Post

        Don't you submit your articles to ezinearticles.com and other sites? If you don't, then I'd agree with you getting angry on him. If you do submit your articles, then I don't see any point you starting this thread (especially when he didn't change your article content or links)..
        The thing is, it's still your content. Even if you post articles to EZA and other sites, it's your content, you're the one who decides what content you want other people to use more or less "freely" and what content you don't want other people to use. If I post a dozen articles to EZA or some other article directory that doesn't give you the right to use any of my other content that I haven't posted there. While I might be inclined to agree with the people who would see this as "free advertising" in this case, I certainly don't see anything wrong with Roy wanting to stop someone from using his content in a way that he never intended for it to be used.
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        • Profile picture of the author radhika
          Originally Posted by stevenh512 View Post

          The thing is, it's still your content. Even if you post articles to EZA and other sites, it's your content, you're the one who decides what content you want other people to use more or less "freely" and what content you don't want other people to use. If I post a dozen articles to EZA or some other article directory that doesn't give you the right to use any of my other content that I haven't posted there. While I might be inclined to agree with the people who would see this as "free advertising" in this case, I certainly don't see anything wrong with Roy wanting to stop someone from using his content in a way that he never intended for it to be used.
          Post your article on eznearticles.com. ONLY on that site. No where else. After few weeks, just check your article title in google. It will end up on many sites with a coutesy link back to EA.com. So the article writer sits and email every site to remove their article?

          I am not supporting the person who posted his article. But saying what is the problem if he posts his article without changing any lnks or content?

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          • Profile picture of the author stevenh512
            Originally Posted by radhika View Post

            Post your article on eznearticles.com. ONLY on that site. No where else. After few weeks, just check your article title in google. It will end up on many sites with a coutesy link back to EA.com. So the article writer sits and email every site to remove their article?

            I am not supporting the person who posted his article. But saying what is the problem if he posts his article without changing any lnks or content?
            Post your article on ezinearticles.com and you should expect that it'll end up on other sites if you've read their terms of service. That's the whole point of ezinearticles.com. Send out an email to your list that you've never posted to ezinearticles.com, any other article directory, or any blog or site with an RSS feed and I seriously doubt that you'd expect it to end up on other sites.

            Like I said before, just because I post some articles on ezinearticles.com for other people to use more or less "freely" that doesn't mean I'm giving the whole world license to use all of my content, only that content that I choose to post to article directories, blogs, or any other place where I expect it might be shared and used on other sites.

            Personally I would probably just write the whole situation off as free advertising for me.. but that doesn't mean Roy is wrong for expecting content that he wrote for his list only should not be copied and posted on someone else's blog.

            The problem is, it's Roy's content. It's content that he never posted to ezinearticles.com or anywhere else where would reasonably expect it to be shared or used on other people's blogs or websites. It's content that he wrote exclusively for his own use to mail out to his own list, not for the whole world to use however they want (whether they left his links intact or not). You have the right to do whatever you want with your own content (created by you, or as a "work made for hire" by a freelancer). If you want to share it, fine. If not, that's fine too, it's your content. If he had said "I posted this article to ezinearticles.com and now someone is using it on his blog." I'd probably be the first to laugh at him, but that's not the case.
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            • Profile picture of the author radhika
              Originally Posted by stevenh512 View Post

              Like I said before, just because I post some articles on ezinearticles.com for other people to use more or less "freely" that doesn't mean I'm giving the whole world license to use all of my content, only that content that I choose to post to article directories, blogs, or any other place where I expect it might be shared and used on other sites.
              Posting article on ezinearticles.com:

              EzineArticles.com Terms of Service For Authors
              Above page tells the author (3rd point) once he submits, he agrees that his article to be used by others. So 'I just want my article on ea.com. No where else', doesn't work here once you submit your article on ea.com. The whole world uses the article 'freely' under reprint rights.

              Coming to sending article to your list:

              You are probably right that article would belong to the list subscribers only.

              It depends on the copyright note that was kept below the so called articles in the emails. If the author sent an article to the list, he SHOULD specify that it will not be reprinted without his permission. If the subscriber publish that restricted article on the web site, then he seems ripping off the publisher.

              Without that copyright note with restricted usage, ripping off means:
              Change of the content
              Change of the links
              Claiming ownership

              I don't think the subscriber did any of these. So just posting an article without a restricted usage note, I don't think it is ripping off.

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              • Profile picture of the author stevenh512
                Originally Posted by radhika View Post

                Posting article on ezinearticles.com:

                EzineArticles.com Terms of Service For Authors
                Above page tells the author (3rd point) once he submits, he agrees that his article to be used by others. So 'I just want my article on ea.com. No where else', doesn't work here once you submit your article on ea.com. The whole world uses the article 'freely' under reprint rights.
                Yeah, that's exactly my point.. if you post something on ezinearticles.com, you should reasonably expect that it will be used on other people's websites and blogs. But I don't see how that has anything to do with content that was never posted on ezinearticles.com which is what this thread is about. Bringing up the whole "Do you post articles on ezinearticles.com?" really had nothing to do with the situation since we're talking about content that was not posted on ezinearticles.com. I'll say it again, if I choose to post articles on ezinearticles.com that absolutely does not mean I'm giving the whole world license to use all of my content that I never posted to ezinearticles.com or any other place where I should reasonably expect it to be shared. I'm only giving license to use that content which I freely chose to post to those sites, and only in the way that the terms of service of those sites allow.

                Without that copyright note with restricted usage, ripping off means:
                Change of the content
                Change of the links
                Claiming ownership

                I don't think the subscriber did any of these. So just posting an article without a restricted usage note, I don't think it is ripping off.
                And the U.S. Copyright Office would probably disagree with you on that, since they say that copyright protection exists and belongs to the author as soon as a work is created in fixed form. That's regardless of how it's published or even if it's published. If I email you an article, just because I didn't specifically say "hey, don't copy this" that doesn't in any way imply my consent for you to copy it. To think otherwise is just begging for legal trouble.

                I'd hate to think I'd have to start making my subscribers sign nondisclosure agreements before I start sending them emails if I were ever to actually send out things that I didn't want anyone sharing.. lol
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              • Profile picture of the author up2u
                copyscape can lead you through the procedure for dealing with content theft
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  • Profile picture of the author moneytize
    this could be a good thing.

    you can put affiliate links in there and backlinks so you get money from more websites promoting your stuff. you can also cookie stuff to get more exposure from his blog's followers. he is doing the dirty work. i say take advantage of it on the content side
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  • Profile picture of the author Scott Million
    So...Someone is posting your content with your links in tact?

    What's the issue here?

    Think of them as an article directory
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  • Profile picture of the author Clark
    If someone sends me an email, doesn't that email (content) belong to me?

    It's a genuine question that I don't know the answer to in relation to publishing the content in the public domain... yet.

    "Dear Clark...."

    This is an interesting topic.
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    • Profile picture of the author stevenh512
      Originally Posted by Clark View Post

      If someone sends me an email, doesn't that email (content) belong to me?
      The content belongs to whoever created it, unless they specifically release it to the public domain or you have some kind of legal agreement with them that says otherwise (such as a "work made for hire" agreement).

      If I email you an article I wrote, it's still my article. It's still my creative work, why would it automatically belong to you just because I wanted you to read it? If someone mails me a book, does that content automatically belong to me? Can I do whatever I want with it and republish it however I choose? Not unless I want to end up in court for copyright infringement.

      According to the U.S. Copyright Office
      Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.
      http://www.copyright.gov/circs/circ1.pdf

      It doesn't matter how that work is published, or even if it is published, as soon as it is created in fixed form the author owns the copyright.
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  • Profile picture of the author shorwood
    radhika, you are not listening to steven512.

    Steven said that if you submit to EzineArticles that your article is up for grabs, and that is the point of EA. (So he agreed with you that your article is free game once it is on EA). He never stated "I just want my article on ea.com. No where else", so I am not sure where you are getting that from. He was quite upfront about saying that anything on EA is up for grabs and that is stated in the TOS.

    What Steve IS saying, is that the content that was not posted to EA is not free for everyone else to take. Just because some of your articles are EA, that doesn't mean that the rest of your articles are free for anyone to distribute as they please.

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  • Profile picture of the author Clark
    Without the author explicitly defining the rights to the work and also, Poor Man's Copyright isn't a substitute for copyright registration:

    I suppose the argument of fair use and attribution could also come into play in favour of someone who were to publish a "text" email online (notwithstanding PDF or other digital media attachments to the email).

    Mainstream media makes a living out of this under the fair use doctrine.

    Google: Google News Doesn't Violate AP Rules - News and Analysis by PC Magazine

    I've been researching since I posed the question and there isn't a clear cut answer due to the vast scenarios that could be present inclusive of the "type" of content and how its used publicly... neither has there been a legal case (that I have yet to find) that speaks to some kind of outcome similar to the situation the OP has encountered.

    One thing that surfaced was the constant theme of the huge expense to litigate such a matter that may not be worth the effort for the author of the distributed work as well, the argument of Privacy infringement can also be persued by the originating author.

    I understand the ethics of the argument yet the legalities of posting an email online is not clearly defined.

    I read the copyright PDF link and saw this under what's not covered:

    Ideas, procedures, methods, systems, processes, concepts,
    principles, discoveries, or devices, as distinguished from a
    description, explanation, or illustration
    So that confuses the situation even more.

    I know the standard response is to seek out a lawyer for legal advice however, it would be beneficial if this was black and white which, from what I have gathered so far, isn't at all and requires further in depth analysis on a case by case basis.

    Personally, I would never publish online any email I receive... just wanted to know more than the usual ethical arguments that surface.
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    • Profile picture of the author stevenh512
      Originally Posted by Clark View Post

      Without the author explicitly defining the rights to the work and also, Poor Man's Copyright isn't a substitute for copyright registration:
      That's true, but copyright registration also isn't necessary for copyright protection to exist legally.. lack of copyright registration just makes it harder (if not impossible in many cases) to prove your case in court.

      I suppose the argument of fair use and attribution could also come into play in favour of someone who were to publish a "text" email online (notwithstanding PDF or other digital media attachments to the email).

      Mainstream media makes a living out of this under the fair use doctrine.

      Google: Google News Doesn't Violate AP Rules - News and Analysis by PC Magazine
      AP also syndicates their news articles as feeds that they expect other websites and mainstream news media to use, "implied consent" just like if you were to post your articles to ezinearticles.com or some other place where you would reasonably expect that they're going to be used by others. News media typically (whether they're using it for profit or not) is considered "fair use" because they're providing a "public service" as opposed to someone who's just copying the articles you email them, pasting them to a blog and putting up adsense ads purely to make a profit off of your work. As far as fair use and attribution.. copying an entire article word for word is almost never fair use, and attribution is not an excuse for copyright infringement.

      The distinction between "fair use" and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
      U.S. Copyright Office - Fair Use

      As far as what the PDF said is not covered.. those things are covered by patent laws. That doesn't necessarily mean that if you write an article describing an idea, method, etc.. that the article itself isn't protected by copyright, only that the idea itself isn't covered by copyright (in other words, unless you have a patent, I could legally write my own article, in my own words, covering the same idea).

      edit: and to further complicate things.. since works made by the government are public domain by default, my understanding is that my quoting of documents created by the U.S. Copyright Office doesn't fall under "fair use" or "copyright infringement" because copyright protection on those documents does not exist.
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      • Profile picture of the author Clark
        Originally Posted by stevenh512 View Post

        That's true, but copyright registration also isn't necessary for copyright protection to exist legally.. lack of copyright registration just makes it harder (if not impossible in many cases) to prove your case in court.
        Yeah, that's what I thought and also where the Digital Millennium Copyright Act comes into play to aggresively police online copyright infringements before they get to civil and/or criminal litigation... which is most likey why I havn't found a case yet.

        The problem with DMCA is that it can be used with the wrong intent which could seriously harm a business if/when an erroneous complaint is sent through to the webhost.

        New Zealand PC World Magazine > Google submission hammers section 92A

        Killer quote by Google:

        "While inadequate copyright protection can reduce incentives to create, excessive copyright
        protection can stifle creativity, choke innovation, impoverish culture and block free and fair
        competition. As both an intermediary and an innovator in online technologies, Google supports a
        flexible and adaptable legal framework that provides those who create and invest in new
        technologies the freedom to innovate without fear that their efforts will be hindered by an overly
        restrictive approach to copyright. Copyright must have sufficient flexibility so that new,
        legitimate and socially desirable uses, enabled by new technologies, can flourish."

        Good discussion.
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    • Profile picture of the author Paul Myers
      Clark,
      Without the author explicitly defining the rights to the work and also, Poor Man's Copyright isn't a substitute for copyright registration:
      Registering a copyright does not give you any extra rights regarding the use of your work. It only provides for awarding of certain types of damages that aren't available if you fail to register the work, along with a level of proof of ownership that's higher than is available in some other cases.

      You really, seriously need to not express legal opinions on such things until you've done a LOT more reading on the subject. You've probably done more damage to anyone believing your opinions are credible than you can imagine.

      And you're encouraging people to steal.


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  • Profile picture of the author marcust2
    Glad to hear you got the guy!


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  • Profile picture of the author revpl2
    There's a guy on here selling a WSO by the name of Chad Kimball. I dunno if he's the guy behind your predicament but he teaches this technique in one of his videos in the WSO he released not long ago. Don't trust him myself. May ask for a refund.
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  • Profile picture of the author Robert Herrie
    Hi warriors.
    correct me if im wrong..You said that he was leaving your links in tact..Are they in any way affiliate links? And if so why not let him do this .When he is still spreading your links around..I actually see this as somewhat of an opportunity..I dont know about you guys but i will take traffic ANYWAY that i can get it..
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  • Profile picture of the author CocoChanelle
    Have you contacted the guy and tried to strike up a civil conversation with him? Usually that gets it done for me.
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