Quote:
Originally Posted by gundul_mike
Hi all:
I was partnered with a friend promoting his product / company via website. I have been working on the website for more than 1 year and already well-ranked for certain keywords (well, we already have some deals and many prospectus).
The problem arised when he stopped the cooperation without any notice or whatever. He made a new website, took content from my work. I already warned him but no response. I emailed his hosting company, they said there is no proof or legal law for such thing (I know there is a law here).
Any idea what should I do? What proof are usually required to insist the hosting company? My site is more than 1 year old and his site is only one month. My files hence (I think) are older than his.
Please help
Thanks
Mike
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The first thing you will want to do is register your content with the copyright office (in the US)
U.S. Copyright Office - Current Fees which for a electronic version is $35.oo
You will want to then hit this from all angles - a C&D (Cease & Desist Order) to the owner, and Takedown notices to host, and all search engines. It does no good to threaten without properly formated documents so a little help.
Forget the partnering issue - that's for a a small claims court & judge to haggle over the details of who is telling more truth.
The
"CLAIM" is no right to make a copyright claim and the way to prove that is own the copyright yourself -- surely $35 isn't too much to gain a registered certification of that right which means "he can't".
Nonetheless:
Review
Google,
Yahoo, and
MSN DMCA claim procedures and generate DMCA Complaints ‘takedown orders’ for
Google, Yahoo, and MSN.
Generate a DMCA Complaints ‘takedown order’ for the hosting service provider.
Reviewing to see if they are on the
Online Service Provider Designated Agents list - protected by DCMA Title II
If not listed (not protected) which means they may or may not comply with take down order.
Proof all DMCA complaints for errors.
Fax, Register Mail, Courier (and where applicable email) all recipients at the same time.
Google.com F: (650) 963-3255)
Yahoo.com F: (40
349-7821 or eMail:
copyright@yahoo-inc.com
MSN.com F: (425) 936-7329 or eMail:
jkweston@microsoft.com
Hosting Online Service Provider
Alleged Infringer
..and it's good to prepare a version for
Chilling Effects and your own website and post (exclude all private contact information). This measure aids to curb future infringement. (making a reference with your usual copyright statement will get noticed pretty quickly).
On receipt of responses, append to original on your website.
Lastly if they are using AdSense on the offending pages you are entitle to their past 3 months of generated Adsense fees - so send a DMCA Complaint to Adsense as well... since they agree to only place ads on pages of their own copy Adsense forces them to counter-claim and if they don't or won't you get the cash.
If a claim is in Google, Yahoo, and MSN - their website isn't in organic results, or partner archives, they can't use in Adwords or on search network, or Adsense and content network... and if the host ignores you claim - they are liable for damages along with your ex-friend.
I've posted a great deal more on this topic at
Website Copyright Infringement and DMCA Procedures - SEO Chat significantly on the rational for registering your content (and repeating that every 3 month if content changes regularly)...