While googling for some scripting help, I came across a set of pages that seemed strangely identical to some pages I regularly visit. Upon further examination, the contents were almost an exact duplication, even down to the layout. Only names and URLs were changed on the pages (to disguise the true owner of the content). The pirated authors content even included copyrighted code in his pages! 
 
I contacted the owner of original site, and inquired if he had any knowledge of this page. The owner stated that he had not given permission to anyone to copy the content that he himself had put together over a five year period. Also remarking that his content had been copyrighted. 
 
The owner asked me if I was interested in pursuing the matter. I accepted the task. I knew that copying content is wrong, but had no idea what rights a web author has to defend him/herself. It all began with a WHOIS of the domain. From there we were able to track down the ISP, web host, and contact information for the owner of the pirated pages.
 
The first thing we did was call the pirate (because thats what he is!). We left a voicemail message indicating we knew who he was, and wanted the copied content removed.  He did not call us back. So we emailed him, as well as contacted his ISP. The abuse contact at the ISP requested information from us such as the original page, the pirate page, and contact information for both sides. Because the information submitted to them was not complete, I decided to reasearch exactly what a copyright was, and what information was needed to persue the matter.
 
By reading articles on the web, I discovered that there are two different type of copyrights. Registered and unregistered. A registered copyright is simply a filled out form, and some electronic file version copies of part or all of your pages. Filing this form costs somehwere in the neighborhood of $300 - $350. An unregistered copyright costs nothing. The advantage of having a registered copyright are that you can get attorneys’ fees and statutory damages from the infringers. Either type of  copyright, allows you to pursue damages for lost profit.
 
These legal situations can be quite sticky. So if you place a complaint direct with the offending web host or ISP, they are sure to act quickly. They do this because they don’t want to get stuck in the middle of these battles, or worse, become liable themselves. What is important is the information you give them to persue the case. This is the reporting information required by the DMCA (The Digital Mellenium Copyright Act of 1998):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  (This list of information referenced from here)

If the page is not removed withing 24 hours, you can submit a claim direct with the copyright office, or you can get an attorney to help you. According to the law, you could pursue lost profits.

Less than 24 hours after we provided this information to the ISP, the offending pages were removed.

Did this post make you go hmm?

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