Okay... a bodybuilder moron stole my client's copy

Montello Marketing · 05:04 PM

Disclaimer: I do not know the alleged offender and can not say for a fact he or she is or is not a moron.

Okay, here goes...

There's been some talk on here for the last few days about stealing copy. More than just swiping, but blatantly word for word stealing.

Well, it happened to me... actually to a client.

I wrote a letter for a fitness guy. The letter went live barely a week ago. Now his competition has not just swiped the page... it appears he stole sections WORD FOR WORD. I don't mind as much as my client does.

But man I'd like to do something to this guy. I'm a calm rational guy. I'm told the offender hangs out on this board.

Just want to put him on notice that my client is talking to his attorney as I type this.

If anyone wants to see the comparison, and make up their own minds it's at The Side By Side.

Tom Jones · 04:54 PM

Hi Vin,

a poster not so long ago had a similar problem.

If they're in the US or European Union you can get them shut down.

http://www.copywritersboard.com/off-...te-stolen.html

Quote:

For the USA you need to look at the Digital Millenium Copyright Act ("DMCA") section 512. The provisions here are basically for notice and takedown of infringing content.

You need to follow the procedure laid down in DMCA Section 512(c)(3)(A)
Wikipedia has a version of it see here.

You must follow these instructions carefully as if not it could have negative ramifications for getting it taken down. When you give notice in this way it has to be in "good faith".

After you have correctly notified the ISP of the infringement they have to take it down "expeditiously". The ISP must then notify the infringing owner, where they can issue a counter notice to have the website reinstated. But this time if the infringer does issue a counter notice (hopefully they won't) they are doing so in "good faith" under penalty of pejury.

If they do go ahead with a counter notice you will then need to look at litigation, as the website would be reinstated. However, from what you said the infringer is on weak ground.

For European Union jurisdictions (remember this is all about where the site is hosted, not where you live) you are under the E-Commerce Directive (2000/31/EC) there is no formal procedure as outlined under the DMCA on how to give notice to an ISP, but the court will take into account the extent to which the notice includes:

(i) the full name and address of the sender of the notice;
(ii) details of the location of the information in question; and
(iii) details of the unlawful nature of the activity or information in question.

The takedown must be done "expeditiously".

Disclaimer: I am not a lawyer and this does not constitute leagl advice from me.

Good luck. I hope you get it resolved as quickly as possible.

Best Wishes,

Tom

Montello Marketing · 11-09-2006, 05:01 PM

Thanks Tom. I think my client just wants the other guy to take his down. I've sent my client this post.

I hope this can all be stopped in the next couple days. My client is prepared to go through all the litigation, but he just wants to sell his little book and be left alone.

jphilli · 11-09-2006, 06:28 PM

Hey Vin,

Yours is a great letter, I'm putting it in my (ethical) swipe file.

I like your finished site too!

John

Montello Marketing · 11-09-2006, 06:59 PM

Thanks John.... no problem. I actually like being swiped. It's the stealing that bothers me.

DelMonteFitness · **This is Vin's client, Vince -** 11-09-2006, 09:13 PM

Vin,

First off, thanks for taking my back. And thanks for making that video.

Because the mother f%&*&g thief is already changing things on his site to make it not so blatant. Too late.

Check out his site now... www.bullyextreme.net He's changing it as we speak...

I am prepared to reveal the thiefs name but willing to let him humble himself silently and return his site as was pervious.

He is on this form. I have everything documented on email.

Here is how it went down:

A few days ago, the thief complimented my site.

He asked who did my new copy.

I told him.

Less than 48 hours later. His site is identical to mine.

Mother F***ing Snake!

Do yourself a favour.

Swallow your pride

Be a man and do what's right.

The truth ALWAYS wins.

Trump · 11-09-2006, 09:25 PM

You already have the proof, just tell us who it is. I hate it when people are too scared to confront theives, put it out in the open, don't be a wuss.

Stephen Davies · 09:34 PM

I'm not into naming names, but I have no problem giving links to prior posts.

Is this the one you're speaking of?

Vince, Looks like the link you posted is now down.

Montello Marketing · 11-09-2006, 09:36 PM

Which link Steve?

Stephen Davies · 11-09-2006, 10:06 PM

Quote:

Originally Posted by tvwriterguy

Which link Steve?

The one Vince posted... www.bullyextreme.net