Best C# Web Sites Software Behaving Badly
Jan 28


What do you do if original content from your website or blog is stolen and republished in full on another site?  You fight back!

A splog or “spam blog” is a blog that steals content from other web sites, then aggregates and republishes the content on its own blog.  Splogs are created primarily to make money from ads shown on the splog and/or promote affiliated web sites.  Splog owners are too dishonest, lazy or stupid to create their own original content and instead thieve yours.

Splogs are harmful because they effectively steal a portion of your blog’s search engine ranking, traffic and ad revenue.

Fight the Good Fight

Recently a popular article on DevTopics was stolen and republished by at least three splogs.  By following the steps below, fortunately I was able to convince all three splogs to remove my copyrighted article, and one site has since gone offline.  If you are interested to see what a splog looks like, the two remaining splogs are: googit.blogspot.com -and- 2daytrends.blogspot.com.  At least Googit includes a link back to the original article, whereas 2DayTrends typically removes all author and source information.  Lame!

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that heightens the penalties for copyright infringement on the Internet.  When someone steals your original content, the best recourse is to file a DMCA complaint.

Cease & Desist Message

If you discover a website has republished your original content without permission, the first step is to ask the splog to remove your content from its site.  The best way to do this is to post a comment under your article on the splog for all its readers to see.  You can use the following text as a guide:

This is a Notice of Infringement as authorized in § 512(c) of the U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA). 

This article is an unauthorized reproduction of copyrighted material originally found at:
[http://www.devtopics.com/...]

Please remove this article immediately or we will file an official complaint with the U.S. Copyright Office, FeedBurner and Google, Inc.  Google’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers.

Thank you,
[My Name]

DMCA Complaint

If a splogger refuses to remove your copyrighted content, the next step is to file official DMCA complaints.  The most effective attack is to hit the splog where it hurts: in the pocketbook.  If you can alert the splog’s advertisers, typically they will suspend the splog’s account and cut off its revenue stream.

Ideally you should file a DMCA complaint with each of the splog’s advertisers, its web host, feed service, the U.S. Copyright office, and of course the splog itself, if you are lucky enough to find contact information.  Lorelle has an excellent article that describes this process in detail.




The letter below serves as a template for your DMCA complaint.  Note that you must include at least the information listed below, with numbered paragraphs, and items #4 and 5 MUST be included exactly as written.  Usually you have to send these complaints via regular mail or fax, not by email.

Date: [January 28, 2008]

[Google, Inc.
Attn: AdSense Support, DMCA complaints
1600 Amphitheatre Parkway
Mountain View CA 94043]

To Whom It May Concern,

This letter is a Notice of Infringement as authorized in § 512(c) of the U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA).  I wish to report an instance of Copyright Infringement.  The infringing material appears on the Service for which you are the designated agent.

1.  The copyrighted material, which I contend belongs to me and appears illegally on the Service, is the following:
Blog article titled “[My Original Article]” written by [My Name], posted on [January 11, 2008] at [http://www.devtopics.com/...]

2.  The unauthorized material appears at the website address:
[http://www.splog.com/...]

This site appears in Google search results for “[Search Terms]” as well as other search terms.

3.  My contact information is as follows:

[My Name]
[My Address]
[My Phone]
[My Email]

4.  I have a good faith belief that use of the copyrighted materials as described above is not authorized by the copyright owner, its agent, or the law.

5.  I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

[Your Signature]

[Your Name Printed]

Prevention

There are a few things you can do to help protect your blog from content theft:

  • Post copyright notices prominently on your Web site.  Consider adding a copyright notice to each blog post and RSS feed as well.
  • In your blog posts, include plenty of links to related articles elsewhere in your blog.  However, some new splog software will automatically strip links.
  • Do not include entire articles in RSS feeds.  Instead, use the “More” tag.
  • Use an automated tool such as Copyscape to search for sites stealing your content.
  • Insert a “watermark” code or series of keywords into your blog posts, then use a service like Google Alerts to notify you when those keywords appear elsewhere on the Web.

Links

Popularity: 10% [?]

Related posts:

  1. Splogs: Spam Blogs and Stolen Content
  2. Protect Your Software with Patents, Copyrights and Trademarks
  3. Copywrong: How H.R. 5889 "Orphan Works Bill" will Reduce the Rights of Individual Artists
  4. Embed Google Ad in First WordPress Post
  5. Blogging Tips for Developers


14 Responses to “How to File a DMCA Complaint”

  1. Javier Romero Says:

    that’s really interesting… nice to know how to do all things by the right, really right way!

  2. Wp Wordpress » Blog Archive » Fight Website Content Theft by Filing a DMCA Complaint Says:

    [...] Obviously this was not going anywhere, so I responded and asked again, but I also began researching because there has to be more we can do to protect ourselves from content theft.   That is when I ran across some posts explaining How to File a DMCA Complaint. [...]

  3. William PEarson Says:

    Great info re: shutting down splogs! Thanks!

    What steps can I take against a foreign site copying my articles (and not even giving the author name!).

  4. Blog Copyright Links » Another Blogger Says:

    [...] How to file a DMCA complaint [...]

  5. D2grand Says:

    With Google the above works , but how about Yahoo MSN search etc? Do you have to file with every search engine? Ideally this would be the way to go, as some websites you can not take off easily and by the time you do a legal action against a host in say some islands, you loose tons of traffic to content hijackers

  6. Dave Doolin Says:

    I had my first experience with blatant infringement this morning.

    It’s discouraging when the spammer nails #1 spot on Google search results, and your blog doesn’t even make the top 10 search result pages.

    That’s taking food out of my mouth.

  7. AssetNext Says:

    Client is selected my logo and I have sent final format.. He can’t transfer my payment but he used my design on his website.. So please tell him to transfer my payment or otherwise you are released my logo on 99design because I want to use my design any where

  8. Albert A Rasch Says:

    I’ve been hounding this splogger Mark Osterholt through the web. The Mark Osterholt Files has tons of information on this lowlife, as does markosterholt.com Thanks for the detailed instructions on the DMCA!

    Albert

  9. my server is hacked - WebProWorld Says:

    [...] You can report them to the FBI but your best best bet to get them down quickly will be to file a DMCA. If they have any of your customers' information, there will be a lot more involved as your [...]

  10. nanra Says:

    well this is helpful, but how can i protect myself when i dont have the money to fight to the end

  11. Somebody is selling my ebook on their site - Black Hat Forum Says:

    [...] Somebody is selling my ebook on their site This guide on How to File a DMCA Complaint should help. [...]

  12. Chandan Says:

    Thanks a lot for this helpful articles. Recently I experienced the same problem. The splog has copied my three blog post and even complete blog formatting. Usually I keep links to my related blog post and this way I came to know. I warned him now.

    Thanks again

  13. Lassar Says:

    I have read that sometimes; when you get one scraper taken care of; another takes it place.

    How do you prevent this ?

  14. David McHenry - DMCA Expert Says:

    @Lassar, there really isn’t anything you can do, it’s sort of the nature of the beast. Every time you get one removed, you have 2-3 more doing the same thing, it’s a never ending battle to protect your Intellectual Property.

    @Chandon, I wouldn’t have warned him, you should have skipped the small talk and just went straight to the complaint.

    In case anyone ever has a frivilous DMCA complaint filed against them, you can also Fight a DMCA Complaint Legally.

Leave a Reply