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Help with copyright infringement

Midnight_Caller
Rising Star
Posts: 4,154
Thanks: 9
Fixes: 1
Registered: ‎15-04-2007

Re: Help with copyright infringement

Quote from: Penny
... did look on the Internet Archive Wayback Machine, Gary -
http://www.archive.org/web/web.php - to see if there was a former (dated) copy of your site,

Penny you are a star.    Cheesy
I did a Search and found a archive of my site
Relevant Dates and Pages:
Aug 23, 2006 from this page I went to the site map I went to fun stuff
Mar 22, 2003 to Apr 01, 2007
Is this good enough as proof ?    Smiley
Quote from: Spider
[snip] Ensure that that any domains under DHEA remain active.
Yep I am going to!  Cheesy
Quote
[snip] Register dyslexia-health-education.org.uk as it is currently available and more appropriate for your association and keep it active.
I might do that, it sounds like a good idea.  Smiley
Quote
[snip] If the co.uk name becomes available, register it as soon as possible, but be warned they may try to challenge you as you are challenging them.
Yep I am going to!  Wink
Quote
[snip] My suggestion to you is to learn from this and ensure that it can not happen again.
Yep I am going to!  Smiley
Quote
[snip] Is your Association a registered charity?
No, the site started off as the TDA and slowly become DHEA.  DHEA is a not for profit, supporting adults and children with Dyslexia.  Sad
Quote from: chillypenguin
You could try asking for advise on the usenet group "uk.legal.moderated"
chillypenguin do you have the full URL ?  Wink
Community Veteran
Posts: 4,729
Registered: ‎04-04-2007

Re: Help with copyright infringement

http://www.usenet.org.uk/uk.legal.moderated.html
You need to set up news:uk.legal.moderated in your usenet client.
Chilly
ed
Grafter
Posts: 191
Registered: ‎15-08-2007

Re: Help with copyright infringement

looks like
dyslexia-health-education.com
and
dyslexia-health-education.org.uk
are available.
I'd go and buy them fast if i was you and with a reputable hosting company like 1and1.co.uk
then try and get a no win no fee lawyer to take up your case. It should be easy to win if it's UK held domain name, a uk limited company (UK Limited Company, (Company number: 292891)
)  and you have evidence of your site. Smiley
ah but damn that address
THE LAKE BUILDING, 1st fl. - WICKHAMS CAY 1,
ROAD TOWN
1110
VG
looks like British Virgin Islands. They have some well dodgy company laws there.
Hold on maybe that is a fake Ltd number let me check with companies house...
OK, can't find it, Transliner Consultants Ltd (reg: 292891)
doesn't seem to be registered at Companies house like it should
do. You might be able to use this info with the UK name registra to get them to accept it's a bogus registration. Can they use a .co.uk if the company is registered in the virgin islands, shouldn't they use .co.vg?  Tongue
Superuser
Superuser
Posts: 827
Thanks: 407
Registered: ‎05-04-2007

Re: Help with copyright infringement

Quote from: tdadyslexia
I did a Search and found a archive of my site

Oh, wonderful Smiley
Quote from: tdadyslexia
Is this good enough as proof ?    Smiley

Well it proves the existence of several aspects of the site design and content, before whoever the new people are, purchased the formal domain name and put a site up, on whatever date.
I'd be inclined to start by making a typed list of "copied factors" -
(1) the logo (visible at [wayback URL] - date xxxx) now copied at http://www.dyslexia-health-education.co.uk/ as at date yyyy.
(2) text paragraphs [quoting each separately, and putting after each quote:
(visible at [wayback URL] - date xxxx) now copied at http://www.dyslexia-health-education.co.uk/ as at date yyyy.
I'd be inclined to take a screenshot of each aspect also (both on the wayback machine and on the sold domain-name-site), and date everything
(3) layout factors (the parallels here will again be visible from screenshots, but same approach as item 2 above)
re the logo, the image on the sold-domain-name-site is
http://www.dyslexia-health-education.co.uk/images/dhea_logo.gif
whereas on the page at http://web.archive.org/web/20070331234741/www.dyslexia.f9.co.uk/
the image is listed at
http://web.archive.org/web/20070331234741/http://www.dyslexia.f9.co.uk/dhea_logo.gif
I'd say the unchanged graphic title was also an indication of a rip-off given that you can prove your own usage before that (you would need also to detail somewhere, the date the domain name was taken over, and all the to-and-from dates relating to any other site copies you have currently or have had).
The ideal thing would be to spend a little bit of time, *now* on listing and printing out relevant pages both from "then" and "now" (your printer will date the print-outs presumably, so you have a record at least on print-outs, of what the sold-domain-site looks like currently, even if the wayback machine can't archive it); also making screenshots (and printing these out, as well) incorporating the address bar for each, to clearly make your case, alongside all the factors in 1 - 2 - 3 above.
Maybe also print out the source code from the closest version you have of your own site, to their ripped-off version (printed out also) where you may be able to find more parallels between the two that can be visibly highlighted [and of course both sets will be dated on the print-outs].
The more systematically you make your case, the more clearly you will show that this has been a deliberate rip-off of content you had already designed and had been using for some long (measurable/provable) time.
Having said that, was the "Definition of Dyslexia" paragraph yours originally, or written by the new people?  If the latter, then perhaps this is some fellow dyslexic individual just wishing to make sure the dyslexic message gets out, who had assumed that the previous site had just died, when originally taking it over and perhaps thinking to "rescue" it (getting hold of the original content/layout perhaps from a cached page on Google) [whilst also perhaps deriving revenue from the on-board advertising].
Might be a good idea to first "make your case" on paper and electronically, for your own purposes, to ensure that you can demonstrate your own text, content and layout (and its to-and-from dates of usage for any/all of the other domain names and addresses you build) as compared with what they have put together on their (only-one-visible) page.
After you've done that (so you're properly prepared in case this ever does get to court) you might perhaps wish to review the possible motives of the sold-domain-name-owner, and modify your approach accordingly, rather than going in "all guns blazing", from the outset.
If it does turn out to be someone just trying to make money off the site advertising, or aiming to compel you to buy it back at a higher price, well that's another matter, but the fact that they've left the content dyslexic-friendly is infinitely preferable to a wide variety of other uses that could have been made of that domain name.
Regards,
Penny.
Penny Rollo * Force 9 from 17/02/98 * PlusNet from 2000 onwards
Project HappyChild - free maths worksheets, free French-English
worksheets and 12 other languages
personal site www.pennymidasrollo.plus.com
James
Grafter
Posts: 21,036
Registered: ‎04-04-2007

Re: Help with copyright infringement

Gary,
I don't think that there's anything realistically that you can do.  You didn't have your site copyrighted (merely registering a domain name doesn't count as copyrighting as far as I'm aware).
I really do think it's your best bet to put this down as a bad experience and something to learn from (namely to renew your domains).
ed
Grafter
Posts: 191
Registered: ‎15-08-2007

Re: Help with copyright infringement

Copyright is yours by right when you create any work that your are not paid to do.
it doesn't have to be registered with anybody. That's patents/inventions.
James
Grafter
Posts: 21,036
Registered: ‎04-04-2007

Re: Help with copyright infringement

Do you not need any form of disclaimer stating that the work is your own?
minkey
Grafter
Posts: 386
Registered: ‎22-07-2007

Re: Help with copyright infringement

Quote from: ed
Copyright is yours by right when you create any work that your are not paid to do.

True, but you need to prove its your work. A previous suggestion of posting the material you want copyright to yourself is the best way.
ed
Grafter
Posts: 191
Registered: ‎15-08-2007

Re: Help with copyright infringement

If your company pays you a salary then they own all rights to it as it's deemed a commisioned work.
One of the ways you can prove a work is your is to mail it to yourself, put the stamp over the seal and never open it until needed in court. Royal mail will post mark the date over the stamp and is enough proof. If you register your work with a company they will just do similar and charge your for storing it.
The web cache from a time when you owned the domain name should work pretty good also.
MikeWhitehead
Grafter
Posts: 748
Registered: ‎19-08-2007

Re: Help with copyright infringement

You do need to show a copyright notification. Also what you say is correct ed, but that will never, ever, ever hold up in court. If you went in and said "well I wrote it, so I own it", then you would be laughed out of the courtroom.
You need proof that you own it, and that proof can come in a variety of forms. Sending it to yourself several times recorded delivery is a good method, since that retains a time stamp. The best way would be to store it at a copyright register such as The UK Copyright Service (http://www.copyrightservice.co.uk/register/). This ensures there is a well-established company holding onto your work with correct dating, which you can use in a court case if required.
Keeping a copy at your soliciters may also be a possibility.
ed
Grafter
Posts: 191
Registered: ‎15-08-2007

Re: Help with copyright infringement

Quote
When rights occur
Copyright is an automatic right and arises whenever an individual or company creates a work.
  in other words it dose not require you to say "copyright 2007 blah,blah,blah"
These people want to make money from you, it is not a legaly defined system like patent registration.
Quote
When you register copyright, you are obtaining real evidence that may greatly help you in the event of a dispute, but it may not be suitable in all cases
jnwright
Grafter
Posts: 281
Thanks: 1
Registered: ‎05-04-2007

Re: Help with copyright infringement

Years ago, I modified a CP/M computer to make use of hi-density 8" drives as well as low density 5-1/4" drives for a user group. (Around 1980 - days when 19" rackmounted Winchester disks needed a mortgage to purchase and people wanted more storage space!)  I put all the modification details,  text, diagrams and a copy of the necessary software all in an envelope and mailed it to myself recorded delivery, as ed says above, in order to copyright my work.  I did not want to see it attributed to someone else in a magazine and for them to get paid for it!  When I published the work to some members of the user group, I made it obvious that the work was copyright and had no further problems!  I only destroyed the envelope a couple of years ago when I came across it!  In those days it was the easiest way to protect it!  Hasn't changed much over the years - Someone will always want to profit from your hard work if they can - You have to do all you can reasonably do to protect yourself at the time - Too late after the event!
pcoventry76
Grafter
Posts: 950
Registered: ‎27-08-2007

Re: Help with copyright infringement

I spent years building up a site for treo600 users, it was massive.
Whilst ill in hospital my domain expired someone else had been waiting to get it they took the domain, my site and everything.
Luckily the site was deleted but i still lost the domain and couldn't do a thing about it
You might have made the logo but unless you have registered the copyright on that logo then you have no legal redress.