Free Legal Forms - Hijacked! What To Do When Your Website is Stolen
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Hijacked! What To Do When Your Website is Stolen
Recently while checking the usage statistics for our enterprise website I saw over 2000 "referrals" arrival from a single company. I regularly study any links with such high numbers (often, it's as easy an narrative of ours that person has placed on their website). What I was shocked to find when viewing this link, was that basically our entire website was duplicated on this site. Our copyrights were removed and substituted with this company's, and even our logo had changed to this company's name.
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For those who have not experienced such a thing, reconsider yourself lucky. It has been said that imitation is the sincerest form of flattery, but usually, when you examine something like this, all you can think about is the hours and hard work you and your team have put into your website and the audacity of person to come along and call it their own.
The internet, being the free and open place that it is, makes it easy for would-be thieves and not-so-savory fellowships to lift anything and all things from an additional one website. It is prominent to take a stand when infringing material is found. Consequences of an additional one individual or enterprise using your written material, graphics, or even logo can damage your reputation, get you blacklisted by search engines, and more.
So how does one find out if this is happening and what can one do about it?
Stay Alert
As mentioned at the beginning of this article, the way this incident was discovered was by checking for unusual traffic in our usage statistics program. This is a bit of software that most hosts provide with your website hosting package. Look for unusually high "hits" or traffic arrival or going from any link. The culprit link on our statistics was found under the Total Referrers heading.
Some of the large corporations write extra spider programs into their code to specifically seek out things such as: same names of images, same names of files, etc. Once these are found and flagged, they are investigated for any infringement.
Another site that has recently come to my attention is http://www.copyscape.com. This site will allow you to check for instances of your article showing up on other websites.
Sadly, most infringements are never found, or are found wholly by crisis (such as typing something into a Google search or being alerted to it by person you know). However, if you have a favorite site, it is a good idea to regularly check statistics, have a spider created to safe your copy written material, or routinely do web searches containing some of your copy written material to make sure it doesn't show up in any place you wouldn't want it to.
Busted
So what do you do when you find your material (text or graphics) on an additional one website?
The first procedure of operation is to achieve your own research. Go through the website you find your material on and note which pages your article or graphics are being used on. Pay attention to any copyright statements that are on the website (for example, a website claiming your article as its own). In the case of articles note if the website mentions you/your enterprise as the author. As you find violations, make screen captures or print outs of the offending material. an additional one very cool tool that you can use to help prove that you are nothing else but the owner of material is to try typing in your website address at the Internet Archive Way Back machine (http://web.archive.org/collections/web.html). This website archives other websites over the years.
The next step is to find the perceive facts for the individual or enterprise who operates the website. Most often, sites will have a perceive page or at least an email written somewhere within the site. If you can't find anything, check the whois (http://www.whois.net) directory for who owns the site.
Once you have this information, you will need to originate a Cease and cease letter to the individual or company. You can find samples of such a letter on the web by searching "cease and cease letter" in any of the search engines. If you or your enterprise has entrance to the services of a lawyer, you can have them write and send the letter, but it is not required.
This is regularly enough to have the individual or enterprise take off your material.
If you receive no response from a company, you should achieve at least 3 attempts to perceive them, along with physically mailing your letter before taking supplementary steps. Those supplementary steps can include contacting the hosting enterprise (which can also be found through the whois directory) and explaining the situation. regularly a hosting enterprise will also perceive the offending website owner, and if they fail to hear from them, will delete the files from their server.
You can also submit a complaint to Google to have the offending site banned from the search engine: http://www.google.com/dmca.html.
Your final selection would be to examine full prosecution of the individual or company, in which case you would need to consult with a lawyer who is customary with normal as well as internet copyright laws.
Additional Helpful Tips
After doing my own study into the topic I noticed others who had run into the same or a similar problem. Here are supplementary things you should reconsider if this happens to you:
- If you are an ecommerce website, be sure to forewarn your ecommerce provider what has happened. The perpetrator may be trying to set up a fake site to attain user's prestige card or other sensitive data.
- turn all internet passwords that entrance your site in any way to a cryptic blend of letters, numbers, and symbols.
- forewarn your advertisers or any organizations you belong to about the infringement (especially if the offending site is using the advertiser's info, society logos, etc.).
- After the issue is resolved, keep a close eye on the domain name of the offending site for some months and of course, be on the guard for more theft.
Quick Facts About Copyright and the Web
Even if a document or image on the Web does not have a copyright notice, it is still protected by copyright laws. No copyright statement or registration is required, although having the statement can only advantage you. With websites, a copyright can appear at the lowest of each web page, or even placed into your meta tags.
U.S. Copyright law is explicit that the development of what are called "derivative works" - works based or derived from an additional one copyrighted work - is the exclusive province of the owner of the customary work.
There is no "sure-fire" way to safe your website from being stolen, but by following the tips above, you can defend yourself if it is.
Useful Websites on Internet Copyright and Other Legal Issues
[http://www.copyright.com/]
http://www.copyright.gov/resces.html
http://www.hwg.org/services/classes/legalissue.html
http://www.piercelaw.edu/tfield/copynet.htm
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