Filing a complaint when someone copies your site.

[MikeNY]

I am trying to put some stuff together to start the process, I had someone copy the content of the home pages of one of my sites. So far I know I can:

Broker complaint (but this person is the broker/owner so maybe complain to the corp. owner)

Ethics violation with the local board.

Complaint with the real estate commission for the state.

Complaint with NAR.

Letter to her server host for violation of the DMCA to get the site pulled down.

In terms of the server host, does that mean if it was hosted at something like Godaddy, I would have to contact them?

I am also interested in contacting all the search engines to have the site delinked, you can see that process here: http://www.seologic.com/faq/dmca-notifications.php

I just don't understand why i have to provide the keyword search phrase that brings up my site and the offenders site, why can't I just show them the whole homepage is copied?

Also I understand by sending a notification to the Webmaster's ISP, you can have the site taken down??? - how would I know the ISP? Like the local Verizon or Cable company that supplies the Internet to them? Not the host like Godaddy?

This person has 2 web sites that I found that have my content, the sites are the same and just different URLS, the 1st site is a 3rd level om the corporate company site (example: myoffice.bigrealestatename.com) and the big name has it hosted, then the 2nd site is pretty much the same thing, a copy of the 3rd level domain web site with a different url but still my copied content and the person hosts it with one of the popular hosts.

Any other info from people who have experience with this would be greatly appreciated. If i decide to seek damages that is the next step but right now I want to do stuff that does not cost me any money to do.

Lastly I know I do not need to register for a copyright but I read that if I did not register the copyright I can't obtain statutory damages or attorneys' fees.

Thanks.

[Bigtoe]

I notified the offender that the next notice would be from my attorney if the content was not removed immediately. It was removed and I moved on.

If you file any/all of the complaints you listed you will find yourself with very little satisfaction for the effort you will have to exert to make all of that happen.

[webmaster]

That was my advise as well - I know it sucks and can really upset you when people do these kinds of things, but whatever the fastest and lowest stress resolution is, should be taken because there is no upside to drawing it out (you lose time selling homes, spending time with your family etc) and in the end, the offender suffers no real punishment.

If you file any/all of the complaints you listed you will find yourself with very little satisfaction for the effort you will have to exert to make all of that happen.

[satxproperty]

I'd be interested to know how far one would get with an ethics complaint to the offending member's board.

[MikeNY]

I'd be interested to know how far one would get with an ethics complaint to the offending member's board.

My broker is going to be speaking to the board this week to tell them and let them know how far we may take it and see what their response is.

[RonnieG]

Given the issue, I don't see that your local board, NAR or any state licensing authority would have any jurisdiction to do anything, since it does not directly affect any of the published Realtor Ethics rules or real estate licensing laws. They are simply not responsible for enforcing the laws applicable to the situation.

A letter or email to the hosting company for violation of the DMCA (or the hosting company's own TOS) to get the site pulled down is an option, but probably only if a substantial amount of site content is involved.

Contact the broker and/or corporate office is still your best bet, and as mentioned, let them know the next step would involve attorneys.

[MikeNY]

Hi Ronnie, from what I have been told it is definately an ethics violation so at the least I can file a formal complaint with the local board. Also I am sure I can emails email the person to remove the copied content and they will but do I want to 1st send a DMCA letter, I am not sure.

[Madtown RM]

Wow, Mike. That really sucks. Was it just a matter of searching the major search engines to find that there was a site out there with the exact same wording as your's? Good luck getting this resolved. I hope they take down the offending content and fast.

[MikeNY]

I just happened to click on where a lead came from (search term used) and it showed my site then a few spots down the other agents site. The agent literally copied and pasted every single word on my home page to their web site, and the agent has 2 sites that they copied it too. This is the broker/owner of a well known company/franchise in the US. This person contacted me on many occasion complementing my web site and drilling me asking for advice, how tos, and who did the site which I always ignored.

When I email the cease and desist letter to the agent I am also cc'ing the well known owner of this big real estate name.

[Madtown RM]

That is truly scandalous. That person should be ashamed of themselves.

You must have a custom site - I don't see any reference to REW in your footer. I can see why they were trying to figure out who did your site, etc. It's very, very good. I guess they didn't know enough to look inside your source code.

They must be completely lacking a clue to copy your homepage wholesale like that.

Stoopid!