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I've always been of the opinion that competition is a good thing. It
encourages all of us to be better and make better products. While it might be
true that imitation is the sincerest form of flattery, copying someone else's
work is simply wrong.
We recently came across a competitor using our sales copy. The competitor was
using a web graph showing the traffic on one of our sites, along with our sales
copy to promote their competing application. Digging a little further, I
realized that their competing application was, in both form and function,
identical to our application. The competing program contained identical
screenshots, custom program icons and our help documentation. While the code of
the program was, in fact, different, it was clear that our copyright had been
violated.
We are not the first company to have our copyright violated and once the initial
emotional reaction passed, we took action.
Dealing With Copyright or Trademark Violations:
Who, What and Where
Before reacting, it is important to do homework and research the alleged content
violator. Arm yourself with information. Determining the who, what and where
will guide you in taking the appropriate steps.
Determine WHO is violating your copyright
Research the website: do a Whois lookup to determine the site's owner. The
domain owner can be found by entering the domain into http://www.whois.com and
clicking on the link that says "Whois Lookup". If the copyright on software has
been violated, check the PAD file for the author and release date.
Determine WHERE the website hosting is located
Determine where the website is hosted. Web hosts located in progressive
countries will be more cooperative in addressing copyright violations. After
determining the webhost's location, check the host's Terms of Service (TOS) and
Acceptable Use Policy (AUP) to determine the level of cooperation you will
likely receive. More often than not, a physical address and detailed information
on how to report an abuse claim will be found in the webhost's terms of service.
Determine exactly WHAT violations have occurred.
When determining if a copyright violation has occurred, it is important to go
back to the question of what constitutes a copyright violation.
Copyright is a form of protection provided by the laws of the United States
(title 17, U.S. Code) to the authors of “original works of authorship." This
work can be literary, dramatic, musical, artistic, or similar intellectual
works. Copyright protection is available to both published and unpublished
works. It is illegal for anyone to violate any of the rights provided by the
copyright law to the owner of copyright. It is important to note that ideas can
not be copywritten, and while it may be morally and ethically questionable,
cloning a software application is not a copyright violation, yet copying a
helpfile is a copyright violation.
Copyright protection exists from the time the work is created in fixed form. The
copyright in the work of authorship immediately becomes the property of the
author who created the work. Only the author or those deriving their rights
through the author can rightfully claim copyright. Evaluate the violator's work
to determine if text, graphics or any of the program or website's artistic
qualities are the same as your creative works. Print hard copies of any
documents and save electronic versions of web pages and executables. Capture
screenshots of offenses, save documentation or the Help file that contains any
duplications of text. Enter the URL of the offending website into http://www.archive.org
to see the website's history and determine a timeline during which violations
occurred. Look and feel can be subjective, try to focus on obvious or flagrant
violations. Copied text or Help files is obvious when filing a complaint with
web hosts or other third parties.
What is Next?
If you feel your copyright has, in fact, been violated there are a number of
steps that you can take. Contacting third party service providers is a good
starting point. Make a list of the providers with whom you can contact to report
the violations.
1. Hosting
2. Online Ordering
3. If Software, Download Sites
4. Associations or Organizations
Aside from service providers, consider using existing relationships with parties
who have a mutual interest or relationship with the other party. Often, knowing
key people can result in a rapid response and increased dialogue with the
purported offender.
Send simultaneous emails to each of the parties identified. Include details of
the violation; using a PDF that displays screen captures or copies of text
violations with website pointers is helpful. In the email, explain the action
you wish to occur. If you want the web host to remove the website, say so. Also,
ask that they keep you apprised of the situation.
In most cases you will receive responses from webhosts or registration services
that require you to provide additional details so that the infringement can be
investigated. It may seem obvious to the copyright holder, but the web hosts
typically have a contractual agreement with their clients and are legally
obligated to research any infringements before removing hosting or registration
services.
Send a Cease and Desist letter and an email detailing that a copyright has been
violated, include a reasonable deadline by which the offending copy or
application should be removed. It is not necessary to provide the offender the
details of the violation, as it is likely they are already aware of the offenses
that have occurred. These actions will generally open a dialogue with the
offender. If the offender ignores requests to remove the material that infringes
on your copyright, pursue action with third party services. This will likely get
the offender's attention.
Artists, developers, and writers all work hard to create unique material and
copyrights should be respected by all.
About the Author:
Sharon Housley manages marketing for FeedForAll
http://www.feedforall.com
software for creating, editing, publishing RSS feeds and podcasts. In addition
Sharon manages marketing for NotePage
http://www.notepage.net
a wireless text messaging software company.
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