Has Any One Dealt With Copyright Infringement or Piracy?

Discussion in 'Digital Marketing' started by Dunn's, Nov 13, 2007.

  1. Dunn's

    Dunn's LawnSite Bronze Member
    Posts: 1,534

    If So How did you go about it, and how did it work out. We have put a call into our Lawyer about it this morning, but they are out of the office today. Also we are not sure if our lawyer will be able to handle this type of problem and they may have to refer us to someone else.

    Please write back you any ideas or things you did to fix it and what steps you did to combat it in the future.

    We have already written an message to the party responsible for the piracy and have went to the trouble of taking down that part of our website until we can secure it better. The only problem is this pictures on this page helped us sell that service and now are unsure of the effect of have to remove the items to protect ourselves will effect sales.

    Again any help is greatly appreciated.
     
  2. ICT Bill

    ICT Bill LawnSite Platinum Member
    Posts: 4,115

    I think you need to give a little more detail, you may know what happened but I can't figure it out from what you asked
    Also your info says " a house on a street" could you tell me what country your from and whether it is even US law we are talking about
     
  3. Dunn's

    Dunn's LawnSite Bronze Member
    Posts: 1,534

    We didn't want to put to much information because it was a site that has to do with the lawn care industry. Also after a few back and forth correspondance they finally decided to remove our files and all information to do with oursite. So our lawyer has said not to take any further steps at this time. But he would be looking for a good lawyer that handles these types of cases for us in case we run into this type of problem again.
     
  4. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    Here is my opinion on all of this bs:

    - The web and its sites by design are Open Source, which is a way of creating a product in which the source material is widely accessible and shared.
    - Patience, tolerance, 30 million domains, 600 million pages, who gives a rat if two look the same?
    Yes, I understand the aggravation, but View-Source, nobody owns the internet, not even parts of it, we need to understand it is just like that.

    - It's a fluid design, web sites can and do change on the fly. Copyright law is not fluid at all, you literally have to print out every thing that is part of your site and go get a copyright, then the copyright is given on the data that is submitted that day, which, once you make changes...
    - Corporate or company logos may be copyrighted, I mean dang you know, who would steal that?
    - Pictures, best I can recommend is mark them, the process is called water marking but most any kind of identifying mark usually does the trick. Here it's not so much a legal process, but a deterrent, nobody wants a picture that has your logo in the corner, see?
    - Before you call an attorney find out for sure who owns the other site, as in, please make sure it's not someone's 8 year old child who was just trying to imitate or build something and had no idea what he or she did was such a bad thing to do.
    - Contacting the other site owner certainly helps, however, the pictures must be yours.
    As in, you took them or they're of your customer's house or work you or your company did, ok, settled.
    - Code wise, I am sorry but there's hardly a snippet I would call truly original, I'd say 99.999% of code exists someplace else already.
    - Format, how original is a template, most software uses a format, if the other person used the same software...

    To a point it's like, is it an exact duplicate?
    And the pictures, that part bothers and should be deterred from.

    btw I think you did the right thing, my opinion, but it comes around, it's the nature of it.
     
  5. Dunn's

    Dunn's LawnSite Bronze Member
    Posts: 1,534

    Yes topsites. It was all our files and pictures and as we said they took our information to make a profit. So because of that is why we cared because as you said it depended on who made the site and what they where doing with it. If it was some small guy who was just using it because he/she like how it looked or some other way that was not harmful to our business. It would of been know big deal and we just would of let them know as long as they did not try to make a profit off of our stuff they could keep it. But that was not the case.

    Good news or lawyer found us lawyer who handle this type of law on a semi regular basis and this lawyer is going to be on a sort of retainer. Assisting our lawyer if needed or handling as a co-council or something like that if the cases get to where alot of his time will be involved or we will be getting money back for damages. So we can relax now and not stress as much about what if it happens again.
     
  6. mdvaden

    mdvaden LawnSite Bronze Member
    Posts: 1,945

    My take, is that no matter how big the internet is, it's not bigger than all the photos and other copyrighted works laying around all the homes and businesses of our country and the world. Yet, you don't see nice images on walls water-marked across the image. Just a notation.

    Photos and works are copyrighted even without registering them.

    Or - you could register the works formally, which is more stream-lined.

    I say, do screenshots of your site, and copies of photos, and get 2 other people to sign and date them to establish a time-line.

    For example, if I have image file originals, and a screenshot of my site from 2003, signed by witnesses in 2003 - then some other site appears on the internet first time in 2008 with my images, no guesses as to the likely originator. Far more certain anyway.

    Unless by chance, two or more sites just happened to use the same template that neither one designed.
     
  7. Doug1966

    Doug1966 LawnSite Member
    Posts: 118

    a lawyer on retainer? Don't you think that's overkill. I would recommend not overreacting because one punk threatened you. I bet you never have anyone threaten you again anyway. Probably a one time shot. As topsites said, it is more than likely baseless.
     
  8. Dunn's

    Dunn's LawnSite Bronze Member
    Posts: 1,534

    If you don't have a lawyer on retainer for your business it is not only underkill. But really stupid.


    We are a real company who can legally apply pestcides,have most of our vehicles lettered if not they have a magnet, commercial property where a 5000+ feet building is going up, etc,etc....


    Oh yeah have you ever read topsites view on the world or what some on this forum call topsiteism's.:laugh::laugh:


    If so should know to be very weary in taking to much of his advice.
     
  9. Dunn's

    Dunn's LawnSite Bronze Member
    Posts: 1,534

    Oh yeah I forgot what do you mean some punk threatedned us. I am confused I don't remember that being part of our post.

    I will go back and read later.
     

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