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Thread: What can I do? (copycatter)

  1. #1

    What can I do? (copycatter)

    Hello,
    Today the owner of securemyass.com told me he found this site: XinworX.com - Proxy Websites Index Directory

    It's totally the same like my website ProxB.Com | Proxy Sites - Working Proxies - School Proxies

    Even the menu is the same (he only changed the colors)...


    Now can somebody tell me what I can do about this? And how did he do it?


    Thanks in advance!
    |Nico Lawsons

  2. #2
    Where did you get your template from?

  3. #3
    He's obviously using the same script as you, but I hate to say it his theme is different because of the colors/logo etc and even his text is different. There isn't much you can do to stop him. It's kind of like someone using Wordpress and then discovering another site that's similar, not much you can do to stop them.

  4. Yeah this was going to happen to me over at DP until Proxywhereabouts told me and so I decided to sell the person my template instead of letting someone rip my site and make money from my work. Then a couple days later i changed to the new and better theme .

    There are programs that allow to to rip sites, I can also see that he has used some of your content but there is not much you can do .

    If you got the theme from someone, i would ask them about it first before starting a hate campaign

  5. #5
    Check the advertising page, it's the same too, just with other images... The top 'bar' with the proxy of the day (with him month) is the same too...

    I'll guess I'll leave it like that as my listing site is better than his so I won't bother a lot, though..

    I'll kill him when I see him xD


    Greetz
    |Nico Lawsons

  6. So is there any way in which I can protect my site before he goes in again for round 2 and rips my site ?

  7. #7
    You can't do much except notifying his hosting company and request action on him. (which takes ages and is a real pain).

    I've once had a problem with some "iFramer"; here's the answer I got from Hostgator (his hosting company):

    Hello,


    HostGator requires DMCA notices to be filed via fax or letter. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. This ticket system has received what appears to be a possible DMCA complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. We will need you to re-submit your claim, using the proper format, including sufficient detai, via postal mail or fax. Instructions on how to do so follow.


    It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.


    To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.


    To expedite our ability to process your request, please use the following format (including section numbers):


    1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on Terms of Service") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is “Intellectual Property: Valuation, Exploitation, and Infringement Damages” by Gordon V. Smith, published by Wiley, ISBN #047168323X").


    2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item.


    An example:


    Infringing Web Pages:
    http://www.thewebsite.com/directory/
    http://www.thewebsite.com/something/blah.html


    3. Provide information reasonably sufficient to permit us to contact you.


    4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).


    5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."


    6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."


    7. Sign the paper.


    8. If via postal mail, send the written communication to the following address:


    HostGator LLC
    Attn: Abuse Department, DMCA Complaint
    11251 Northwest Freeway, Suite 400
    Houston, TX 77092
    United States of America


    OR fax to:


    (281) 476-7801, Attn: Abuse Department, DMCA Complaint


    Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.


    We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.


    In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]


    If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]


    If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]


    Thank You,


    Chris Dixon
    Network Security Division
    866-964-2867 (General Support)
    281-476-7801 (Abuse/Security Fax)

  8. #8
    Gosh.. that's a lot for something like this.. but I'll try it tomorrow, we never know what the result will be


    Greetz
    |Nico Lawsons

  9. #9
    You can't do much in this case as they are just using the same script/template as you. I believe you can't ask their host to take any action against them just on the basis they are using similar script as you.

    Few months ago something like this happened to me when I saw someone copying the same text from my business website and posting on their own. They didn't even bother to change the name of my website from that text (Can you believe that). I contacted their host, and got this settled within few days.

    But again in my case they used exact same stuff as it was on my website. That probably could be the reason they didn't ask much question (their host) and warned them to change it.

  10. #10
    Quote Originally Posted by Aquarezz View Post
    Gosh.. that's a lot for something like this.. but I'll try it tomorrow, we never know what the result will be


    Greetz
    Go for it, if the hosting company doesn't like your cease and decist letter, then go straight to the datacenter. I'm a pro with these complaints, I've gotten five of them before. Only one of them nearly turned into a legal battle but that was only because I challenged the guy with the copyright and he later agreed to drop out because he couldn't afford a lawyer.
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