Dealing with copyright infringement?
 

Ok, some scum bag has ripped off one of my mainstream sites, he has taken my whole sales letter and product and is selling as his own... And is making active sales of it (looks like he's done it with lots of other people's mainstream sites too).

I've tried the Email threats and even a telelphone threat on his answer phone. Haven't worked.

I got his processing account shut down so he couldn't take cards, he had it switched out for another within the hour (one I can't get shut down).

I've done everything I usually do to get this kind of scum shut down and it hasn't worked. Time to step things up a little.

I kind of want to take this further BECAUSE he's been such a scumbag and ignored my threats...

What do I do next?

And if I get a lawyer (any recommendations of one) and it costs me $X do I get that back when they win the case, and will I get some kind of compensation?

And what if the scum bag has no money or massive debts... Will that mean I could potentially be landed with a large legal bill?

Thanks in advanced for any advice and thoughts.

you should hire a lawyer...

Will it be worth my while? Or will it be a big money pit? Aren't IP lawyers REALLY expensive? Plus, I think the scum lives in the USA, I'm in the UK, so would I need an American Lawyer? If I win do I get my money back even if he's a broke ass?

Probably newbie questions I know but...

I have so many questions and very little experience in this area. I hate the idea of taking somebody to court, we don't really do it much in the UK, it's a kinda last resort thing over here - I wouldn't dream of it usualy but this cocksucker in tenacious with his ripping me off.

I'm going to bed now but here's a summary if anybody can't be bothered to read my whole post.


Somebody has ripped off my site and is selling as their own. Usual threats don't work. What do I do next? Experiences with IP lawyers?

Drop me an e-mail tomorrow and I´ll try to help you to solve your problem:

info[at]ae-media.com

What he said.

I'd talk to a lawyer, you'll certainly get better advice than here. Things in court work different than in real life, forget common sense, so I'd ask some expert.

If he's a broke ass and stays a broke ass (at least officially), you risk getting less than spending on a lawsuit, maybe just a "Cease and Desist" from a lawyer works better in this case...but I'm no legal expert.

Lawyer is a last resort and believe me I know as I have a huge legal fight happening in Oz with a breach of contract, etc. It has been going over two years. 3 times in the higher courts, way over $100,000 in legal fees and more to come with the final court case. When that is finalized, back to court to resolve another issue and maybe a result. If I win, I don't necessarily win costs. If the other party wins, they won't win costs because we played our cards smarter.

So, you might say who are the real winners...the lawyers of course.

Go in to the fight on the assumption you will not recover fees.

Best course of action - Try to find their host and shut them down.

Lyn

DMCA is host, and everyone else along the stream all the way to the domain registrar. Follow correct protocol of the DMCA to the letter.

here's what you do.

If the offender is in the USA determine who the host is for the website.

If the website is hosted with a USA vendor go to the fine print of the host's webpage and find out who is the "agent for copyright" and the mailing address for this person.

Send the particulars of the situation to this person, while at the same time copying the offender.

One of the good things about Bill Clinton is that he signed the "No electronic theft" act into law.

This means that webhosts automatically become "contributory infringers" in the event of a copyright violation.

Usually the asswipe that steals your content has no assets---the deep pockets are the host, and you make it clear that if you have to sue you will name the host as a "contributory infringer".

You do not need a lawyer to do this first step.

Usually the offending website will go dark within 24-48 hours after you serve notice to the host. Do it by email and registered letter.

All bets are off if host is not USA based.

Class dismissed.

good luck

hmmm, I have read the NET Act, and I don't think it really pertains.

Thanks for your advice and thoughts everybody in this thread, I will look into everything you've suggested and see what I can do.

Email sent m4yadult, thanks.

more business threads. Huzzah!!!!