Two other laws that can be used with regards to the copyrights are the Berne Convention and the UCC (universal copyright convention).
We had used the Berne Convention on a number of sites prior to the DMCA being developed. It has helped with not only published works but also with web sites.
According to the Berne Convention, once somethign is put to paper the work becomes an intellectual copyright. So a drawing or lyrics to a song, or content of a webpage, are automatically granted intellectual copyright once you write it and put a date on it.
The old copyright system was the "poor man" copyright in which people would write material, and then send themeslves content inside an envelope that would not be opened until needed in court. The postmark served as the copyright date.
Now that DMCA is in full swing in the states it does take care of much of the copyright issues for the web, but for those living outside of the US, and within countries that adhere to the Berne Convention, you may be able to use that treaty in your legal battles. Some countries thought the Berne treaty was too strict and later signed the UCC, so there's two to help out our world brothers
I am not a lawyer, but I have spent a TON of time reading on copyrights form when I first started marking and design and then later web design & internet ecommerce. At all times legal advise should be saught through legal departments. The above information is from my own personal experiences dealing with international parties and web sites.
EDIT: there's also a European Version of the DMCA, but I don't remember the name off hand.
Last edited by handsonwebhosting; 11-20-08 at 03:04 AM. Reason: Note about Europe's DMCA
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An excellent article! I couldn't agree more with the writer that we need to as a collective body tie the online world to the real world when it comes to copyrighting works.
Looks like Host Veteran is not even displaying their "we are building a new site" page...
When I go to HV, I get:
We are in the process of upgrading our website...
If you are a current customer and require support please use our temporary client area by clicking on the link below.
Click Here For Support
Its been a few weeks now and things have died down and we are proud to say that we have curb at least a few attempts of stealing of our work. Thanks for all your support and efforts to weigh in on this growing problem. We sure have brought light to this subject.
We are getting a redirect from www.hostveteran.com every time we access it from our isp which is Road Runner in NY USA. It lands on our site when going to HV. It does go to the updating our website when we access their site from another isp. In any case, we have definately put a damper on the activity!
One thought. Did you purchase a template? Most likely not however if you did you can also send them in on the attack as many of them (Monster Template for example) have strict rules about publishing on other sites. Possibly they can go to bat for you as well.
I would suggest using a site like http://www.hcidata.info/host2ip.cgi to find the IP address of these and then use this site to trace the server/datacentre of these sites IP addresses and then sent the DMCA direct to the datacentre, as it is them that can remove the IP from the server, thereofre closing the sites down for good.
@ easyhost Your contribution is much appreciated and thank you.
Or you could use the following site to lookup domains/ip whois etc...
[ WHMCS Owned License No Branding ]
Google's "Alerts" tool is free.
You can monitor for any word or phrase.
Just log into your Gmail account then click "My Account"
then click "More..." at the bottom of the page.
trish : - )