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Misrepresentation & Itellectual Property

Discussion in 'Hardscaping' started by Murphy's Law, Feb 6, 2014.

  1. JimLewis

    JimLewis LawnSite Fanatic
    Posts: 6,830

    That's not true, actually. Most countries have adopted the DCMA or something similar to it. Also, China and most other countries are party to the World Intellectual Property Organization Treaty, signed and ratified by over 186 countries in 1996. This is where our DCMA law in the US is derived from.

    Yah, that's basically what I already said. But it's not quite as simple as "whoever has more money wins." The law is still based on who has a case and who doesn't. In this case, someone who illegally used your photos doesn't have much of a case. They can try costly legal maneuvers to delay trial, etc. But in the end, if you both have enough money to go to trial, the offending party will likely lose and lose a lot of money in the end.
     
  2. SoCalLandscapeMgmt

    SoCalLandscapeMgmt LawnSite Bronze Member
    Posts: 1,699

    Actually, that is true. China is a black hole for intellectual property rights. My wife's company finds their products knocked off all the time over there. And we're not talking kind of the same, we're talking somebody went to the trouble to make exact duplicates of the stuff. The Chinese government could give a crap if their people are ripping off US companies. The only way that the US companies can do anything about it is if the counterfeiters export the product to other countries who do have strict IP laws.
     
  3. JimLewis

    JimLewis LawnSite Fanatic
    Posts: 6,830

    The talk about civil lawsuits is pointless guys. As I already said when I brought it up, it's generally not worth it to go there. Plus, it's totally unnecessary. There are much easier ways to get the offender to take down the copyrighted materials. You almost never need to talk it all the way to court.

    Also, the discussion of whether other countries will obey copyright laws or not is also fairly pointless. None of us here are going to sue someone in another country anyway. Especially when we can easily get their website taken down just by letting their website hosting company know of the violation. We have much easier remedies to go after offenders than suing them.

    Sure. There are several ways, actually, to search for images or text copied from your website. For images, the easiest way is to do a Google Image search by photo. So first you need the URL of the image you're searching for. You can get that really quickly by right-clicking on any image and choosing "copy image location".

    Next, you go to Google Image Search. There you'll notice a little camera button over toward the right of the search box (see first image below). So you click on that camera icon. Then a box appears where you can enter a URL (see second image below). Then you drop the URL that you already copied before (Control+V) into that box. (see third image below). Then you press "Search by Image" button. Then some search results will appear (see fourth image below). You look over the search results to see if any of the pages in the results are pages that you did not authorize. As you can see in this fourth photo, the very first result is a page from another contractor.

    That's the easiest way, usually. But there are lots of other ways to find stolen content and photos.

    GoogleImages1.jpg

    GoogleImages2.jpg

    GoogleImages3.jpg

    GoogleImages4.jpg
     
  4. JimLewis

    JimLewis LawnSite Fanatic
    Posts: 6,830

    Ok. Fine. I'm not going to spend much time to argue the point. We're talking about companies using photos that aren't theirs on their site. An argument about what happens in China with products really has no bearing whatsoever on the point at hand in this discussion. My point was that China actually is a party to several of these copyright laws. Whether they enforce it or whether US companies really have the wherewithal to go over to China and fight it in their legal system is totally irrelevant to this conversation.
     
  5. easy-lift guy

    easy-lift guy LawnSite Gold Member
    Posts: 3,376

    You are correct. Any trade agreements with mainland China are worth nearly as much as the document Chemberlain try to serve to the British. That made WW II a done deal. We have been and will continue to be in a trade war for a long time, or until China stops buying our debt or calls the loans in. Once that happens all bets are off.

    Strict IP rights cost lots of money to maintain and defend, especially around the world.
    easy-lift guy
     
  6. SoCalLandscapeMgmt

    SoCalLandscapeMgmt LawnSite Bronze Member
    Posts: 1,699

    I agree. No need to argue. I was simply trying to make the point that just because the Chinese government signs these treaties it doesn't mean that they enforce or obey them. China is notoriously bad when it comes to intellectual property rights.
    Posted via Mobile Device
     
  7. Ben Bowen

    Ben Bowen LawnSite Bronze Member
    from PNW
    Posts: 1,051

    Thanks Jim, for a wasted snow day... spent all afternoon right clicking my photos. Did find a couple stolen ones too. If you use Chrome (which you all should) just right click on the image and you will see the option to search Google for the image. Though I guess that won't work if you have disabled right click.

    I personally am much more concerned about people stealing my written content- which has happened a bunch. I usually contact via email, very nicely. If they don't respond I start the social media public shaming- which usually works very quickly.
     
  8. JimLewis

    JimLewis LawnSite Fanatic
    Posts: 6,830

    The disabled right-click is just for my website. I disabled that so others couldn't right-click. But I also know the easy way around it.

    I understand what you're saying about content. I've had content stolen even more than I have with my photos. There are still dozens of websites with content that I wrote on their pages. More than I care to go after. I used to go after them all. But it just got tiring. Now I usually only go after them if they have stolen the entire content of one page or something really egregious like that. But you go after them the same way, whether it's a photo or content.

    The easy way to search for stolen content is just to copy a string of text on one of your pages, blog pages, etc. Then paste that (with quotes around it) into Google. Google will instantly tell you whether that string of text is found anywhere else around the web.
     
  9. PaperCutter

    PaperCutter LawnSite Bronze Member
    Posts: 1,938

    clearly it's been way too long since I ran a check. the outdoor kitchen image I have on my portfolio page shows up on 8 pages worth of other websites. Including as some losers' header images. Idiots.
     
  10. JimLewis

    JimLewis LawnSite Fanatic
    Posts: 6,830

    Welcome to the club.......:rolleyes:
     

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