copyright related

[G_Gekko]

There is a person that is using some of my material without rights to do so. However this is not really the problem (well not the main part anyway) The main problem is that he has edited this material so that it is stating clear false facts and makes me look like hack by still posting me as the author of the text.

The text is garanteed to cause (serious) damage if anyone follow the instructions in the sections he added.

He has not responded to mails. (yet i will give him some more time)

Whats my options to persue this further besides a C&D if he doesn't correct it.

Thanks

 

[Dale Hubbard]

I don't think you have any other real options than a C&D which shouldn't cost you much. Maybe he will respond given more time; maybe not. If the serious implications concern damage to health then you have other free avenues to go down. Depends what country you're in.

Caveat: I am NOT a lawyer.

 

[G_Gekko]

LOL.

I am a lawyer but Internet law & international copyright isn't my strongest sides ;-)

But I would guess what country he is in is whats important, not which country I am in.

 

[Dale Hubbard]

You mean it's potentially important what country the offender is in? Or the complainant?

 

[blindchild]

Hello Gekko,
Whats the site URL? Have you complained to the hosting provider? Hosting providers have a new rule and they remove out or warn because of the copyright.

If the hosting provider does not replys back, Email the server provider with it.

As long as you are not getting offended, I do not think any legal issue is involed in this.
Its posted in his site, not yours so he will get all the trouble if he faces any.

 

[Dale Hubbard]

Seems to me like there is indeed a legal issue here (Gekko is a lawyer and posted what he feels is a legal problem) and I don't think any hosting provider is going to shut someone down on the strength of a formally unsubstantiated complaint. He can obviously do his own C&D, but again I suppose where HE'S from comes into play. Somebody is obviously "passing off" Gekko's material as his own and this is indeed obviously causing serious offence to Gekko. I might not be a lawyer, but I have been involved in copyright issues and they are by no means simple to prosecute. An email will not do it IMHO.

 

[blindchild]

Azooza you are on the right spot but again hosting providers shut the account.

Atleast server providers do, believe me, i have dealt into all this. I have 40 servers and i get a problem on each server for copyright issue every week due to my adult based sites.

Threat the hosting provider with a legal issue, a legal issue email makes everyone frightened.

And with that , they might shut his account or send him the notice to remove those pictures as that guy is not replying gekkos email.

Again i stay with my words, whats the URL?

 

[Dale Hubbard]

From Affinity.com's site:

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512

 

[blindchild]

Azooza, Basicaly thats my point. If he does a legal case , he has to spend some money.

But before doing that he can try emailing them , as i stated this is just a possiblity.

Everything can be tried.

 

[G_Gekko]

You mean it's potentially important what country the offender is in? Or the complainant?

Yes. mean that the law in the country of the offender is of higher importance then the country I the complainant is in.

Whats the site URL?

I will give the offender more time to correct this before I post the URL since the owner of the site is active on many webmaster forums. I don’t want to tarnish his reputation until I know that he has no intention of correcting this.

Have you complained to the hosting provider?

Not yet. I might be a little to nice but i want to give the webmaster himself a little more time to correct it before doing that.

Somebody is obviously "passing off" Gekko's material as his own

No. He is wrongfully using my material. But that’s a minor inconvenience. The main problem is that he is passing of the edited version of my material where he as made a few additions that consists of false information and is then passing it of as my material.

So the problem is that he is damaging my reputation in a field where I have a rather good reputation by passing of this incorrect material as mine.