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fancyfoulards

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Posts: 3
Reply with quote  #1 
Hi Everyone,

Could anyone out there help me with people who are not only copying my website pages into their blogs  but also my pictures, they are so cunning that they have even tried to obliterate my name on some pictures so as to pass them off as their own by inserting their own file name.

One website who is using my content is Korean and I think maybe the other one is also.

My website is a collectors website, these people who copy the work of others are an absolute menace to all decent people who work hard to get their web sites up and running

Unlike most websites who have a 'contact us'  section I cannot contact them or the blog site involved as everything is written in Korean, I have tried to use a translator but had no luck.

Apart from removing my website altogether from the internet altogether and calling it a day I have no other way of dealing with these people  as everything is written in their own language.

Any help would be greatly appreciated, I know I am not alone as many others are experiencing similar problems.

Thank you for your time.

dawebdev

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Posts: 24
Reply with quote  #2 
This is really a problematic issue. You can get their contact details by using Domaintools.com and then shoot a mail to them. If they get back to you regarding this contentious issue then it is good but if they neglect you, you have to take legal actions against them.

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fancyfoulards

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Posts: 3
Reply with quote  #3 

Thank you for your reply, I will look into matters further but don't hold out much hope of stopping such people.

stapel

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Posts: 140
Reply with quote  #4 
Unfortunately, it can be quite difficult to obtain compliance outside of North America and Western Europe. If the offenders are hosted in Eastern Europe or the Far East, you're pretty much out of luck.

But sometimes clearly Asian sites are hosted in the USA. If so, you can contact the host directly and file a DMCA take-down notice. Compliance is usually within the week.

If not, then surf the site and check if it uses Google AdSense for income. If so, then contact Google and point out the plagiarism. This may result in the offender's AdSense account being closed. This frequently results in the site going down, since the income had been the point.

Good luck!

Eliz

Englishman

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Posts: 9
Reply with quote  #5 
If you get a site took down and the owner is not in the USA you may well find yourself in court. In many counties you can not copyright the English language.
stapel

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Posts: 140
Reply with quote  #6 
Quote:
Originally Posted by Englishman
If you get a site took down and the owner is not in the USA you may well find yourself in court. In many counties you can not copyright the English language.

I'm not familiar with anybody having laid claim to owning the rights to the English language. But then, plagiarisers often set up this laughable sort of straw man to "justify" their actions.

With respect to your attack on people different from yourself, it might be noted that a British author's copyright was recently enforced in a New York Court. Fortunately for her, civilised parts of the planet do not subscribe to your Wild-West "ethics".

Englishman

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Reply with quote  #7 
Stapel you seem to be accusing me of being a plagiariser in many of your replies. I would be very careful in doing that if I was you. I don't copy anybodies content but often get accused of it. It is common sense that when you are writing about the same subject you will often get a sentence that is all most the same or even exactly the same. 
Why did I state Americans? Simply because every such claim I have had comes from the USA. I explain that you can not copyright the English language or any part of it. I also give them by full name and address and even my date of birth and tell them if they want to take me to court they are welcome to try and if they get any of my content removed I will sue.
For some reason even companies that claim they are experts in removing copyrighted material  back down. Why do you think that is?
reka

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Posts: 5
Reply with quote  #8 
Quote:
Originally Posted by Englishman
Stapel you seem to be accusing me of being a plagiariser in many of your replies. I would be very careful in doing that if I was you. I don't copy anybodies content but often get accused of it. It is common sense that when you are writing about the same subject you will often get a sentence that is all most the same or even exactly the same. 
Why did I state Americans? Simply because every such claim I have had comes from the USA. I explain that you can not copyright the English language or any part of it. I also give them by full name and address and even my date of birth and tell them if they want to take me to court they are welcome to try and if they get any of my content removed I will sue.
For some reason even companies that claim they are experts in removing copyrighted material  back down. Why do you think that is?


I find it hard to believe anything authored with such poor spelling and grammar would collide with with someone else's work.

As a basis for claiming copyright cannot be enforced, your assertion that the English language cannot be subject to copyright is absurd.  I dare you to plagiarise (sorry, maybe that should be "write the same English words as") a Harry Potter novel and see what happens...
Englishman

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Posts: 9
Reply with quote  #9 
I am not claiming copyright can't be enforced I am stating that the English language can not be copyrighted which is a fact.
I am unable to write or copy any part of a Harry Potter novel as I do not own and have never read a Harry Potter book as I am to grown up for children's books.
But if you want to put it to the test. I will be more than happy to post something you wrote and watch you waste your money in court.
reka

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Posts: 5
Reply with quote  #10 

Quote:
Originally Posted by Englishman
I am not claiming copyright can't be enforced I am stating that the English language can not be copyrighted which is a fact.


You are misinterpreting your own statement.  You're right, the English language is not subject to copyright.  Nobody is arguing.  However, you are trying to extend this notion by inferring that any particular combination of English words cannot be copyright.  And this is where you are wrong; copyright exists if those English words express an idea.  Indeed, copyright is enforceable even if the words are different but the idea is the same, or at least similar enough to be considered the same idea.

Your argument could also be applied to pictures/images, their being a particular combination of pixels/brushstrokes/etc, and to any piece of music simply being a particular combination of musical notes.  Following this through to its logical conclusion, nothing could be copyright, and copyright law would collapse.  This hasn't happened, and is yet another pointer to your being wrong.

Quote:
Originally Posted by Englishman
I am unable to write or copy any part of a Harry Potter novel as I do not own and have never read a Harry Potter book


Oh come on, that won't wash.  You've never read a Harry Potter book so cannot plagiarise it?  By your thinking that should give you the PERFECT defense against copyright infringement claims!


Quote:
Originally Posted by Englishman
I will be more than happy to post something you wrote and watch you waste your money in court.


Yes yes, I'm sure.  Stop your postulating and chest-puffing, nobody is falling for it.

Let's say, for argument's sake that we both share the same definition of 'a waste of money'.  And let's say I have copyright in a work from which I derive some kind of financial benefit.  And let's say I have the inclination, time and patience to pursue my legal rights in this matter.  (I hope you noticed how many massive assumptions we have made here).  Why would I go to any trouble to disprove such a throw-away, unsubstantiated statement?

A truer test would be to plagiarise Rowling, pass the work off as your own, and see how far you get.  Oh, but as you have already said, you have reasons for not wanting to do this...


Englishman

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Posts: 9
Reply with quote  #11 
Quote:
However, you are trying to extend this notion by inferring that any particular combination of English words cannot be copyright.
I am not inferring it, I am stating a fact in English law. You cannot copyright a combination of English words and the reason for this law is common sense. As you Americans, I presume you are American will find out in 10 to 20 years time. When you will all be scared to write anything down. In case it has been copyrighted.
It is a good thing that the English never went copyright mad a 1000 years ago or you would not even be allowed to speak our language.
Your example of Harry Potter is not really a very good one, as I just looked up one paragraph of a Harry Potter book and noticed it is stuffed full of words are not even English. As there are a lot of made up words in their and the author might well be able to claim copyright on them, what the author cannot claim copyright on is any English words or any combination of words in that book.
reka

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Posts: 5
Reply with quote  #12 
Quote:
Originally Posted by Englishman
I am not inferring it, I am stating a fact in English law


And which law would that be?  The CDPA 1988 certainly doesn't make this provision.

Quote:
Originally Posted by Englishman
I presume you are American

You presume wrong.  I'm starting to wonder what you have against Americans.

Quote:
Originally Posted by Englishman
It is a good thing that the English never went copyright mad a 1000 years ago or you would not even be allowed to speak our language.

 
I will overlook your calling English "our language", and pretend you meant "the language".  I don't think it's fair to spend centuries expanding an empire, conquering and colonising foreign nations for financial gain, enslaving millions of people, forcing our language upon those nations, and then, just as the language earns acceptance as a global standard, try to reclaim ownership of it.
 
Quote:
Originally Posted by Englishman
there are a lot of made up words in their [sic] and the author might well be able to claim copyright on them

 
And here you show your understanding of copyright law to be fundamentally flawed.  Words cannot be copyright.  You said that yourself numerous times, and you were right.  The copyright is neither in the words nor in the idea expressed by the words - but in both together and combined - and does not matter whether the words are English, American, or made up.
 
And, as an aside, even though some words used by Rowling are of her own invention, they are ostensibly considered English because they are used in English text.

I cannot claim copyright for any of the individual words in this post, because individually they do not express an idea.  However, together the words form a cohesive expression of copyright law, and therefore I am probably able to claim copyright in this post (subject to the Ts & Cs of the forum) - and that means the words in this combination, or a similar enough combination to indicate plagiarism beyond reasonable doubt.

In short: there is no copyright in the words "the sorcerer's stone", but there certainly is copyright in the novel The Sorcerer's Stone.

No doubt you will disagree, and continue to claim that no author can lay claim to any copyright in his or her own written work, despite the fact that copyright law still exists, is regularly enforced successfully, and is still featured in IPR clauses in employment contracts world wide.
Englishman

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Posts: 9
Reply with quote  #13 
The CDPA 1988 allows you to copy all the written words you like as long as it is temporary. 
reka

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Posts: 5
Reply with quote  #14 
Quote:
Originally Posted by Englishman
The CDPA 1988 allows you to copy all the written words you like as long as it is temporary. 


That's a very loose and misleading interpretation of S. 28A.  You omit the fact that the copy must be transient (i.e. intended or expected to be deleted without notice) AND is part of a technological process AND is solely intended for transmission across a network or as part of legal use of the work, i.e. you already have permission to do so, AND has no independent economic significance.

This provision was created in 2003 purely to make the act compatible with modern technology.  It allows work to be purchased and downloaded in digital format without any intermediate servers unintentionally infringing the act.  It also allows an author to email copy to proof-readers, editors and other parties, without causing the operators of intermediate mail servers to unknowingly infringe the author's rights.

You certainly couldn't just make a copy of someone's original work and expect to circumvent copyright law by claiming it's just a temporary copy.

And while entirely correct, your statement is completely irrelevant - if you recall, your first few contributions to this thread implied that you had made yourself impervious to copyright infringement claims by asserting that "you cannot copyright the English language".

I am given to understand that you no longer hold this belief, having been unable to counter my reasoning, and agree that while nobody holds copyright in the English language, the expression of an idea in English certainly can be copyright.
Englishman

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Posts: 9
Reply with quote  #15 
I like how you read into and adapt the act to fit your needs. That is not the way the law works. The law is what is written, and nothing else.
You say I no longer hold the belief. It is not a belief, It is a fact you cannot copyright the English-language.
In your belief that you can copyright the English-language. How many words need to be put together, in combination before they can be copyrighted?
What happens when every combination of words has been used? Do we have to think up a new language, as we can no longer write in English? That is the reason the English-language can not be copyrighted, it is just common sense. Something you seem to lack.
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