Someone has lifted everything from our website...advice

Someone has lifted everything from our website...advice

Author
Discussion

Lordbenny

Original Poster:

8,575 posts

218 months

Wednesday 10th September 2014
quotequote all
We bought an existing business a few months ago which included a website which we have spent a lot of time and effort getting right. The business is going well and we're happy that our hard work is starting to bear fruit. However, today we stumbled across another company offering similar services to ours.....actually it offers OUR SERVICES! Not only that, it has lifted everything from our website, even pictures and testimonials and is using our company name to promote them! This is not a tin pot company, it's a proper legitimate company that is run by a well known award winning business woman with connections to a popular TV show.

What should our first steps be? Speak to themed rectory or get in touch with a solicitor. Anyone else had similar experiences?

juice

8,508 posts

281 months

Wednesday 10th September 2014
quotequote all
Issue a DCMA take down request, citing pages where yours and their content is exactly the same...Find out who their hosting company/ISP is from a Whois and then send it off to them. Job Jobbed.

marshalla

15,902 posts

200 months

Wednesday 10th September 2014
quotequote all
juice said:
Issue a DCMA take down request, citing pages where yours and their content is exactly the same...Find out who their hosting company/ISP is from a Whois and then send it off to them. Job Jobbed.
DCMA ?

Do you mean DMCA - The Digital Millennium Copyright Act - the American legislation ?


juice

8,508 posts

281 months

Wednesday 10th September 2014
quotequote all
marshalla said:
DCMA ?

Do you mean DMCA - The Digital Millennium Copyright Act - the American legislation ?
Yep - Fat fingers...Do these not have any validity in the UK then ?

Timsta

2,779 posts

245 months

Wednesday 10th September 2014
quotequote all
juice said:
marshalla said:
DCMA ?

Do you mean DMCA - The Digital Millennium Copyright Act - the American legislation ?
Yep - Fat fingers...Do these not have any validity in the UK then ?
Not if it's hosted in the UK. You may get away with it if it's hosted in the US.

ChasW

2,135 posts

201 months

Wednesday 10th September 2014
quotequote all
I believe Nominet who run the UK domain registry have a dispute resolution service to deal with these instances

Amateurish

7,697 posts

221 months

Wednesday 10th September 2014
quotequote all
The Crack Fox said:
I'd just phone the fkers up and ask what they're playing at!
+1

If that doesn't work, use solicitors to send a cease and desist letter.

marshalla

15,902 posts

200 months

Wednesday 10th September 2014
quotequote all
ChasW said:
I believe Nominet who run the UK domain registry have a dispute resolution service to deal with these instances
That's for domain registrations, not site content. If the other company has a similar domain name, the content may be useful as evidence of "passing off", but Nominet won't get involved in a dispute over content alone.

juice

8,508 posts

281 months

Wednesday 10th September 2014
quotequote all
Ah OK - Then you'd need the EUCD instead then ?

marshalla

15,902 posts

200 months

Wednesday 10th September 2014
quotequote all
juice said:
Ah OK - Then you'd need the EUCD instead then ?
Copyright, Designs and Patents Act would be a better starting place, since it's actually enacted on this island. Digital Economy Act might have some bearing as well. (IANAL - I'm just vaguely aware of might apply).

b14

1,060 posts

187 months

Wednesday 10th September 2014
quotequote all
If the facts as you state them are correct, it's a pretty simple case of breach of copyright. First thing to do is gather evidence (BEFORE you contact the infringing party) - screenshots of your website and code, their website and code, use the Wayback Generator (http://archive.org/web/) to show evidence that your website was written first, gather specific examples of bespoke wording that has been copied verbatim (i.e. not just generic statements that could be found on any website of a similar nature). All this proves that: it's your copyright, they stole it, and are continuing to use it without having a licence from you to do so.

Then, best to ask a lawyer to draft you a cease and desist letter. This will require the other party to cease using the infringing copyright, and get them to sign binding undertakings not to use your copyright again.

jammy_basturd

29,775 posts

211 months

Wednesday 10th September 2014
quotequote all
As others have said, first step is to contact them (but document everything). Whilst unlikely, they may have had an outside person or company do the website for them and they don't even realise they are using your content.

Secondly, it's lawyer time with a cease and desist letter, or if the website is hosted in America, issue the host with a DMCA take down notice. If you wish, post up the offending website and we can find out where it is hosted for you.

This article goes through your options: http://www.smashingmagazine.com/2009/12/18/my-webs...

ChasW

2,135 posts

201 months

Wednesday 10th September 2014
quotequote all
I have been told that Google search picks copycat sites and this can affect the rankings of both

miniman

24,826 posts

261 months

Wednesday 10th September 2014
quotequote all
Get onto Twitter forthwith.

Hoofy

76,253 posts

281 months

Wednesday 10th September 2014
quotequote all
You do have correct copyright notices on your site firstly? '(C) me' may not cut it.

The Restorer

841 posts

227 months

Wednesday 10th September 2014
quotequote all
Twitter the well known business woman with links to both sites.

Timsta

2,779 posts

245 months

Wednesday 10th September 2014
quotequote all
Hoofy said:
You do have correct copyright notices on your site firstly? '(C) me' may not cut it.
There is no need in the UK. Copyright is implicitly granted.

Amateurish

7,697 posts

221 months

Wednesday 10th September 2014
quotequote all
Timsta said:
There is no need in the UK. Copyright is implicitly granted.
Correct

Lordbenny

Original Poster:

8,575 posts

218 months

Wednesday 10th September 2014
quotequote all
Amateurish said:
Timsta said:
There is no need in the UK. Copyright is implicitly granted.
Correct
+1

I am about to send a snotty letter with the threat that if the content isn't taken down within 28 days we will get medieval on their asses! I'll give this woman the benefit of the doubt once and once only that some lazy sod in her company though it ok to do this. Documentation isn't that important at the moment as the infringement is so bleeding obvious...they have used our photographs and our company name to promote their business!

Timsta

2,779 posts

245 months

Wednesday 10th September 2014
quotequote all
Lordbenny said:
Amateurish said:
Timsta said:
There is no need in the UK. Copyright is implicitly granted.
Correct
+1

I am about to send a snotty letter with the threat that if the content isn't taken down within 28 days we will get medieval on their asses! I'll give this woman the benefit of the doubt once and once only that some lazy sod in her company though it ok to do this. Documentation isn't that important at the moment as the infringement is so bleeding obvious...they have used our photographs and our company name to promote their business!
Not 28 days. I'd give them until the end of tomorrow.