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Legal Question





Donutey
Just by chance I found another website had copied an entire article of mine (without the first paragraph). Should I say something? They gave a link in return (with no explanation of who wrote it, just a link), but did not request to use the article or contact me in any way.

http://www.donutey.frihost.net/socialbookmarking1.php The original article.

http://spellcoder.com/blogs/dodyg/archive/2006/09/19/577.aspx The copied article.

I've updated the original article with a few more links, since the copied article was published, other than that they're identical, right down to the code formatting.

To Moderators: I didn't know what forum to put this in, so I put it in general, please tell me with a PM if you move it.
Blaster
Contact the webmaster of that thats my thoughts on it. I dont' know what else to say but then to do that.
Donutey
Should I request the site to take it down, or just for a more obvious link back to my site?
Blaster
Thats what i would say. If you need some more info i know somoen that is good with internet laws and i can give you his email address he will work with you.
ThornsOfSorrow
I'd tell them either to take it down or to give you credit. A link isn't good enough; they should put your name their too. The fact that they put a link there shows that they're willing to give you credit, so they'll probably be more than happy to add your name as well. Then again, if you really want it taken down, don't be afraid to ask for that instead.
tidruG
I think I agree with TOS (In this case, it means ThornsOfSorrow, not Terms of Service Razz)
You should contact the webmaster of the site. But first, decide whether you want to let them have the article (and give you proper credit) or whether you want them to completely remove the article, and let them know it.
That would be your first step. Now, the problem will arise when they refuse to comply, in which case you'd be better off with someone who can give you proper legal advice about this, rather than teen/young amateur/pro/semi-pro webmasters.
ehecatl
I should think that that's most definitely an infringement (i think that's the right word) of your rights. I would contact them and request credit with your name AND link, or tell them to please remove it and ask that the next time they would like to use something of yours that they ask first or AT LEAST email you and tell you. But that's if it had happened to me... Which it hasn't... yet... thank goodness.
Donutey
Can anyone find an email address of the blogs owner? All I can find is the comment service of the blog, but I would rather have a more formal communication channel.
jayandsilo
read this about the same thing that happened to someone else
http://www.v7n.com/forums/legal-issues/24772-skanky-rippers.html
Hobbit
Well "(Donutey)" seems kind of dumb. He should have put something like "Thanks to Donutey(link) for this article".
Vrythramax
I's called Plagerism, even if it not used for profit. The person(s) stole your artical without legal permission. You should really consult some copyright laws to cover yourself in your future works.
scotty
As far as I can see they have only copied a bunch of links, true it is your work but it isn't something uniquely your creative work. But I agree the link should be at the top giving credit to you and a link to your site. Let them know what you want that is for sure!

Good luck.
Donutey
It's not so much that it was creative work, but the source code is exactly
the same (the same spacing, norel tags, h3 and h4 headers...) a copy and paste job.

Thanks for the responses.
--

On another note, I still can't find an email address for this guy. When I do I'm going to ask him to ask for permission in the future, and he can keep the blog post up, just make it more obvious where it's from.
caroline
I think you could request for the person who put the article on his or her blog to take it down if you want. If you wouldn't mind it staying though, you could just ask the owner of the blog to ask for your permission first next time!
standready
First of all, You do not have the article listed as copyrighted on your website - (c) date, Donutey, all rights reserved.
That being said, I would still request your article be removed from that or the FULL articles posted as you published it with a proper byline.
scotty
standready wrote:
First of all, You do not have the article listed as copyrighted on your website - (c) date, Donutey, all rights reserved.
That being said, I would still request your article be removed from that or the FULL articles posted as you published it with a proper byline.


I'm under the impression that at least in Australia copyright claims to anything is a given, it is assumed that you own it and do not give permisson for it to be copyied, reproduced or distributed in any way. But it is just common decency to not lift stuff although if you provide a link back I think it is okay. But in this case the link back is pathetic and it should be at the top and whole sentence on where it came from and that whol sentence should be a link!
snowboardalliance
scotty wrote:
standready wrote:
First of all, You do not have the article listed as copyrighted on your website - (c) date, Donutey, all rights reserved.
That being said, I would still request your article be removed from that or the FULL articles posted as you published it with a proper byline.


I'm under the impression that at least in Australia copyright claims to anything is a given, it is assumed that you own it and do not give permisson for it to be copyied, reproduced or distributed in any way. But it is just common decency to not lift stuff although if you provide a link back I think it is okay. But in this case the link back is pathetic and it should be at the top and whole sentence on where it came from and that whol sentence should be a link!


I think that "link back" should be more like (source: Donutey) at the top, because just (Donutey) does not explain that it is where the information came from. Just my thoughts
bdoneck
They cited you, but not too well. If you don't mind the information up there, but want a better citation, contact the person who wrote the blog, but if you want it removed, contact first the blogger to ask that it be removed and if that doesnt work contact the webmaster and let him/her know that your material has been copied so the blog can be shut down
mathiaus
If you register on spellcoder, you can PM him here.
He only has a page rank of 2 but its still another backlink so I suggest just asking for 'proper' credit rather than a plain link in brackets Very Happy
scotty
Okay we have come to a Frihosting Decision lol, he better make a better citation at the top or we will all make one comment each saying he is a theif.

Go get him Donutey!
Vrythramax
@scotty

DO NOT use Frihost in any alleged (spamming or flooding) illegal activities. Even if it were meant as a joke it could lead to serious ramifications for Frihost.

Not all people have a sense of humure and they could actually take the implied threat seriously and take legal actions against Frihost.
scotty
Vrythramax wrote:
@scotty

DO NOT use Frihost in any alleged (spamming or flooding) illegal activities. Even if it were meant as a joke it could lead to serious ramifications for Frihost.

Not all people have a sense of humure and they could actually take the implied threat seriously and take legal actions against Frihost.


Fair call jumping on that Frihost has a good rep and doesn't need it ruined. However, I didn't intend for that to be taken as SPAM as in junk mail spam, I meant one solicited message on his comments thing for that post, as I said, trying to convinve him to make a better citation. I don't see a comment from every person in this forum, revealing to readers of that page that he stole the content as a bad thing to do, this guy has done something wrong.

For the record I don't even have the faintest idea on how I would use Frihost, let alone my own computer to SPAM anything. Also any connection between a comment on this dude's blog and Frihost is a bit far fetched...
Vrythramax
lets just say that not all Frihosters are very nice and some are very savvy in the ways of doing those things Wink

I knew you meant it as a joke, or I would have issued an official warning. Let's just try to play nice Very Happy

Peace.
jenice
In my own experience with graphics and other works, I'd say it's best to ask them to take it down unless they credit you properly. I would also make sure they knew I was upset about their having not asked permission first.

I hope you manage to get it all straightened out.
Vrythramax
Just as a thought, when concerning images you could always watermark them for the future in case anyone does try to steal them. It won't prevent the theft, but it will prove ownership in a legal case.
Donutey
scotty wrote:
standready wrote:
First of all, You do not have the article listed as copyrighted on your website - (c) date, Donutey, all rights reserved.
That being said, I would still request your article be removed from that or the FULL articles posted as you published it with a proper byline.


I'm under the impression that at least in Australia copyright claims to anything is a given, it is assumed that you own it and do not give permisson for it to be copyied, reproduced or distributed in any way. But it is just common decency to not lift stuff although if you provide a link back I think it is okay. But in this case the link back is pathetic and it should be at the top and whole sentence on where it came from and that whol sentence should be a link!


There is a copyright on my page, however, it's a link to a more in dept explanation of the copyright for my site. (I couldn't fit it all in the footer Rolling Eyes )

I think that's also the case in the US, unless the writer specifically releases his/her rights, it's copyrighted.
Donutey
mathiaus wrote:
If you register on spellcoder, you can PM him here.
He only has a page rank of 2 but its still another backlink so I suggest just asking for 'proper' credit rather than a plain link in brackets Very Happy


Thanks for that, I had only been able to add a comment to the article requesting that he contact me. (I'm not familiair with spellcoder) so I think I'll send the info again through a PM.
Donutey
Quote:
To site owner:

I'm unable to find your email address so I'm contacting you here. Please change the (Donutey) link at the bottom of your post "Social Bookmarking websites" to "Article from Donutey" and move it to the start of my content. Also, quote the content that was taken from my site to make it obvious it is not part of your work. In the future I ask that you request to post my content (view the /copy.php page on Donutey), and appropriately cite it. Otherwise, I ask that you to remove my work.

Thanks.

- Kevin Castor (www.donutey.frihost.net) kcas88 (at) gmail.com


I hope that does the trick, I'll give it a week for a reply.
scotty
Donutey wrote:
Quote:
To site owner:

I'm unable to find your email address so I'm contacting you here. Please change the (Donutey) link at the bottom of your post "Social Bookmarking websites" to "Article from Donutey" and move it to the start of my content. Also, quote the content that was taken from my site to make it obvious it is not part of your work. In the future I ask that you request to post my content (view the /copy.php page on Donutey), and appropriately cite it. Otherwise, I ask that you to remove my work.

Thanks.

- Kevin Castor (www.donutey.frihost.net) kcas88 (at) gmail.com


I hope that does the trick, I'll give it a week for a reply.


Smooth and clear.
Bondings
What about emailing dody@silverkey.us?

Otherwise you can send a DMCA to the datacenter the server is in, but in my opinion it isn't worth it. Wink
Donutey
Bondings wrote:
What about emailing dody@silverkey.us?

Otherwise you can send a DMCA to the datacenter the server is in, but in my opinion it isn't worth it. Wink


Yea probably Rolling Eyes, I just emailed dodyg@silverkey.us. Thanks.
Donutey
No reply, and the site it's posted on is quite active... so I'm assuming he's checked his PMs/Emails.
ehecatl
Donutey wrote:
No reply, and the site it's posted on is quite active... so I'm assuming he's checked his PMs/Emails.


Well, this person doesn't seem to be very concerned about the thoughts and feelings of his... uh.. "customers"? I think that's how i want to put it.
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