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  1. #1
    SitePoint Zealot Deusdies's Avatar
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    Is this copyright violation?

    Hi everyone,

    I have entered a dispute with one fellow web master.

    He has designed & made 15 "review sites" and is selling them (15 different niches). He chose top 3 products (in terms of ClickBank gravity) and put them on the website.

    His main website (where he sells all that stuff) is powered by Joomla, with VirtueMart and a JoomlArt.com template.

    My website is also powered by Joomla, with VirtueMart and a JoomlArt.com template. I have designed & made 13 "review sites" and I am selling them (13 different niches). I also chose top 3 products in terms of CB gravity and put them on the website.

    He accuses me of Copyright violation and has filed a DMCA complaint.

    Really, what copyright does he hold? If I stole his mini site designs, that would be different. But I designed them on my own!

    I'd really appreciate help in this matter.

    Kindest regards,
    Bo Mill
    A one stop shop for your website

    = [ http://www.bogmil.com ] =

  2. #2
    King of Paralysis by Analysis bronze trophy
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    You both bought the templates so he has no right to exclusivity on it and you created your own mini-sites so he has no copyright on that either.

    So I'd say, based on the information here, that the answer is no.

  3. #3
    SitePoint Zealot Deusdies's Avatar
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    Thank you very much. I asked the same questions on Warrior Forum, and three persons said "No" as well.

    Thanks again.

    You've been really helpful to me lately, haven't you? Thanks
    A one stop shop for your website

    = [ http://www.bogmil.com ] =

  4. #4
    SitePoint Addict tuxus's Avatar
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    Agreed I don't see any area he holds a copyright on. To have a copyright the work must comply with a minimal standard of originality, a product review site or set of sites using a non-original template and one of the most common pieces of FOSS as a base does not meet those standards. The only way he could even remotely be correct is if you copied his text or custom images.

  5. #5
    Programming Since 1978 silver trophybronze trophy felgall's Avatar
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    If you hold a legitimate licence to use all of the components that your site and his have in common then you are definitely not violating any copyright of his. If you have licences for everything you are using that you didn't create yourself then you are to violating anyone's copyright.
    Stephen J Chapman

    javascriptexample.net, Book Reviews, follow me on Twitter
    HTML Help, CSS Help, JavaScript Help, PHP/mySQL Help, blog
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  6. #6
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    There is no violation.
    Maybe a not nice practice (if you take that idea from him), but nothing more than that.

  7. #7
    Word Painter silver trophy Shyflower's Avatar
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    I am not a lawyer, but I don't believe it is. Your competitor must be acting under the erroneous assumption that an idea can be copyrighted. If that would true, there would be only one web master forum, only one type of PC, only one type of cola etc.
    Linda Jenkinson
    "Say what you mean. Mean what you say. But don't say it mean." ~Unknown

  8. #8
    SitePoint Enthusiast
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    I agree that there would be no copyright infringement in this situation. The other guy is probably just a bit annoyed at you and is trying to scaremonger you into removing your website(s). Lots of this type of thing goes on in business. Often getting a thick skin can be a useful addition to your armour, especially when you get some advice on the situation from places like this.

    Cheers,
    Colin
    Colin Burns
    http://www.cmsadvantage.com
    Founder & CEO, cmsadvantage
    The premier CMS for Web & Graphic Designers

  9. #9
    SitePoint Enthusiast simmo_13's Avatar
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    Quote Originally Posted by ccburns View Post
    I agree that there would be no copyright infringement in this situation. The other guy is probably just a bit annoyed at you and is trying to scaremonger you into removing your website(s). Lots of this type of thing goes on in business. Often getting a thick skin can be a useful addition to your armour, especially when you get some advice on the situation from places like this.

    Cheers,
    Colin
    I agree with Colin. A lot of people make threats to bend others to their will. I'm not an expert, but I can't see any infringements that you've made.

  10. #10
    Follow: @AlexDawsonUK silver trophybronze trophy AlexDawson's Avatar
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    Actually, what he has done could be seen as anti-competitive. He had no rights under what has been stated above to file the DCMA takedown notice and it could be seen as harassment from your perspective. (PS: I'm not a lawyer)

  11. #11
    SitePoint Zealot Deusdies's Avatar
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    Quote Originally Posted by AlexDawson View Post
    Actually, what he has done could be seen as anti-competitive. He had no rights under what has been stated above to file the DCMA takedown notice and it could be seen as harassment from your perspective. (PS: I'm not a lawyer)
    Makes sense. Anyway, the web hosting company (DreamHost) shut down my website without even notifying me, claiming that they are required to shut the website down immediately after filing DMCA complaint. After lots of harsh words with DH, they won. Well, not really; I canceled my account and switched to HostGator
    A one stop shop for your website

    = [ http://www.bogmil.com ] =

  12. #12
    Follow: @AlexDawsonUK silver trophybronze trophy AlexDawson's Avatar
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    Wow, so they didn't even check the validity of the claim? Talk about poor practice! I guess someone could DCMA any other dreamhost website and they would disappear without question, I guess no-one on dreamhost should be mean to us now!

  13. #13
    Headed Home! KM Richards's Avatar
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    Sue him for damages!

    Might make some money out of the deal...

  14. #14
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    moral of the story - if you're bored, just contact the DCMA and sue someone!

  15. #15
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    Wow hold on now folks.

    Here's my site -



    here's his site:


    What could I do but send a DMCA?

    I don't mind the fact that you actually copied my site concept. Or even all the products I'd made.

    I just HATED the way you copied my entire marketing & promotion. Yep. You copied everything from my promotional banners to my Twitter posts. You're a fraud and you deserve every bad thing that happens to you.

    I'm actually fully aware that an idea cannot be copyrighted. But your man actually lied to you because he even copied the poker template I did. This is no way associated with Clickbank and... well guess what... he took the exact products and even my graphics when copying it.

    This guy is a fraud, a liar and a scam artist. Stay away at ALL costs.

  16. #16
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
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    The one that did the copying is the original poster, Deusdies.

    He didn't just use the same template, but copied every detail of the business concept. Every promotional graphic, every choice in how to lay things out, the pricing, the promotions, the categories, the products.

    It's like opening up a gourmet custom donut shop in your local town, specializing in jumbo donuts with your choice of frosting and sprinkles added by hand at the counter.

    The next week, some guy moves in next door to open a gourmet custom donut shop, specializing in jumbo donuts with your choice of frosting and sprinkles added by hand at the counter, for $1 less per donut.

    You can't sue him for copyright infringement, but you'd feel darn angry wouldn't ya?


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