Website Copyright Infringement and DMCA Procedures

Hello All..

I was just analysing the AWstats and found a site that completely copied the content and structure of one of the websites I have..

Here it is http://forex4u(.)weebly.com

The problem is, Its a free hosting site like geocities etc. I have already sent an E-mail to the hosts weebly.com to remove the content and everything or Else face Dire consequences but to no avail..

How proceed in such a case, as I cannot find as to who has created this unlike general copyright infringement cases where whois reveals host and other contact data..

Help please..

Have they completely copied it (word for word), or is it just mimicking?

if word for word, they will get penalised by google, since they face duplicate content penalties

If they have just mimicked it, its probably not worth worrying about, you could take it as a compliment... they will disappear in the end.

Contacting their host was probably the most direct approach of getting rid of them. You could also try contacting them, and warn them that you will be left with no choice other than to take legal proceedings (and present them with evidence of their copying)

If i was you i would call them on the phone.. it is much easier to play hell on the phone than it is via email

Take a look at the copied URL no contact nothing..no e-mail, its a free hosting site, and Yes its a word by word structure to structure copy

Then they wont get anywhere, and will soon realise this since they will be penalised for duplication.

However, since its free i guess they arent too bothered.

They do have a google search and map, so maybe its worth contacting google about this, they take phishing scams seriously .. and they may get banned from any google adverting ;)

Hmmm The map didnt load for me, But I have reported the Adsense about their scam.. hope to see their accounts banned

which mails did you try? Did you try already the abuse@ address?
Otherwise find out the address on nic.com -> whois. They sit in San Francisco maybe you can find the number somewhere else...
In general I would say they are responsible for what they publish so if you write to them they have to take it down.

Already dropped a mail to the host, to the weebly owners, and to the google as well..no replies from anywhere as such

they also adveritse with adbrite ont the same page at the bottom(which is an adsesne breach of contract)....

So you could also contact adbrite

try websitegrader.com

If your site is better than his, you don't have much to worry.

Guys like these usually quite lazy, they won't put much thought into SEO.

lovekills_s you'll want to hit this from all angles a C&D to the owner, and Takedown notices to host, and all search engines. It does no good to threaten without properly formated documents so a little help:

Review Google, Yahoo, and MSN DMCA claim procedures and generate DMCA Complaints ‘takedown orders’ for
Google, Yahoo, and MSN.

Generate a DMCA Complaints ‘takedown order’ for the hosting service provider.

Reviewing to see if they are on the
Online Service Provider Designated Agents list - protected by DCMA Title II

If not listed (not protected) which means they may or may not comply with take down order.

Proof all DMCA complaints for errors.

Fax, Register Mail, Courier (and where applicable email) all recipients at the same time.

Google.com F: (650) 963-3255)
Yahoo.com F: (408) 349-7821 or eMail:
copyright@yahoo-inc.com
MSN.com F: (425) 936-7329 or eMail:
jkweston@microsoft.com
Hosting Online Service Provider
Alleged Infringer

..and it's good to prepare a version for
Chilling Effects and your own website and post (exclude all private contact information). This measure aids to curb future infringement. (making a reference
with your usual copyright statement will get noticed pretty quickly).

On receipt of responses, append to original on your website.

Lastly if they are using AdSense on the offending page you are entitle to their past 3 months of gnerated Adsense fees - so send a DMCA Complaint to Adsense as well... since they agree to only place ads on pages of their own copy Adsense forces them to counter-claim and if they don't or won't you get the cash.

A newer site will have problems with it... A website under a year old is not likely to be considered the original if the other website has been around longer and has a few good links.

Tried to call them?
http://www.alexa.com/data/details/?url=www.weebly.com
Found another one: http://investing.businessweek.com/research/stocks/private/snapshot.asp?privcapId=34283563

It is not going to damage your ranking most likely to be honest.

I have had this with one of my sites before....a competitor duplicated it and put it up on free hosting.

it made no difference to my Serp and within 4 weeks Google had de indexed their copy site and it was nowhere to be found!!
I did however use webmaster tools to complain to google about it.

Good Luck and great post by fathom

Awesome info there fathom, OK I have sent a Cease and Desist and here is the copy of it:



I just got a nice format for this online, and have sent a mail to them.

Notice added to the Chilling effects C&D databse. I have the Notice ID, but it isnt showing the notice while searching, anyway, Regarding the DMCA, Is that a compulsion to have a proper copyright information for my content?

Or is it that if we are able to prove that the content is genuinely our creation, even then its ok? We dont have written copyright, But we surely can easily prove that content is truly ours.. will that do? befire I actually write a DMCA notice?

I just recieved an E-mail from the Owner of the Weebly Inc.



Just before I sign the DMCA letter and dispatch that, Please confirm this:
>>We dont have written copyright, But we surely can easily prove that content is truly ours.. will that do? befire I actually write a DMCA notice?<<

Also, Is there any way except DMCA to report that to the host? I dont think they will take any action without a DMCA. it will take time, but ok i'll do that..

Many thanks for the guidance fathom n mj..