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Old 07-29-2008, 05:35 AM
jessiesc jessiesc is offline
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Default Copyright infringement, need some direction

I've recently been made aware of a website copying our content and not displaying link backs to our site.

I am in the process of contacting of the site owner (found on whois) with a cease and desist order and I'm hoping someone here who has had this happen to them can offer some additional suggestions.

Thanks in advance.
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Old 07-29-2008, 07:01 AM
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John Allen John Allen is offline
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Default Re: Copyright infringement, need some direction

Hi Jessie,

Unfortunately this has happened to our content on more that one occasion. We have had at least 3 different agents plagiarize our website. They copied from 5 to 50 pages word for word. All of these agents blamed it on the web developers or copywriters. All removed our content after we sent firm letters demanding they cease and desist.

First, you should send a very stern letter. Not only is this illegal, but it is an ethics violation as well if they are Realtors.

Here is an excerpt from the last letter we sent:
"All of our plagiarized content needs to be removed from your site immediately. We will pursue this and protect our property to the fullest extent of the law.

We are prepared to:
1. File Ethics complaints with SAR, FAR, & NAR
2. Filing a notice of Digital Millennium Copyright Act (DMCA) infringement with search engines such as Google to have your website removed from their search results.
3. File a lawsuit for damages

The remedies available under United States Copyright Law and the Digital Millennium Copyright Act (DMCA) are severe, including injunctive relief, payment of statutorily-prescribed damages of up to $150,000 per infringement, and full reimbursement of attorney's fees. Additionally, criminal copyright infringement, including infringement without monetary gain, is investigated by the F.B.I. and is punishable by up to 5 years in federal prison and a fine of up to $250,000.

Please understand that we anticipate your full and immediate cooperation in this matter. Also, please understand that I will not hesitate to enforce all of my rights under the law."


I hope this helps.
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John Allen
RealtorŪ/Broker
Allen Real Estate Services, Inc.
Sarasota, Florida
Representing buyers and sellers of fine Sarasota real estate.
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Old 07-29-2008, 07:05 AM
jessiesc jessiesc is offline
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Default Re: Copyright infringement, need some direction

Thanks for the response John,

Yes that helps.

I've sent an email to the website addressee and copied the hosting company as well.

If I get no response or resolution, I'll send something along the lines you have provided and copy my attorney and let him deal with it.

Thanks again
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