Chinese pirate getting away selling my script!

[kattouf]

Ok not related to VH but i need to vent somewhere and maybe you guys can suggest something:


I found out a few days ago that someone hosted with ixwebhosting is selling rebranded versions of my ASP script which i wrote in 2001. One of his buyers contacted me with this info and sent a copy of the script and they are identical but file names and page colours have changed.

Screen shots on his website and mine prove they are the same! And i have been selling mine since 2001, it's listed on every major script directory, it's all over google, and approved and listed under PayPal's third-party tools. Anyone comparing files could see they are the same. And anyone with common sense can see mine existed first.

So i contact IXwebhosting by live chat (knowing its going to be level 1 support) She cuts and paste a reponse about requiring US copyright registration documents. So that gets me nowhere.

I email support instead and again a level one tech tell me the same. I tell her it takes 5 minutes and some common sense to see he has pirated my software, but still they want copywright papers and she won't budge.

I have been running a hosting bussiness with VH for about 5 years, and i have been approached in the past for similar issues and closes sites down or asked the person to remove the files. I took care of course, but as long as the person seems sincere enough and provides some obvious evidence i'll take action.



Any Advice?

I already contact PayPal, 2Checkout and Moneybooker which he uses. Althought 2CO keeps forwarding the issue to someone else, and hinted about copywright but no concrete answer yet.

[TheDesigners]

You do not have to register your script to be the copyright owner. More information can be found at http://www.copyright.gov/help/faq/fa...al.html#mywork but you might want to register it if you decide to to go the legal route.

Here's a bit from the site:
When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

[DigitalSkyline]

That sucks man. I doubt there's really anything you can do short of suing the culprit. Ask the music/movie/software industry about BitTorrent. If you can find people using the unlicensed script stateside, send them cease and desist orders or an invoice. If you have a site where you sell the script, post warnings about the offender and that you will prosecute/pending litigation (basically scare tactics). Unless of course you can afford the legal route... then by all means (you'll more likely lose more then you'll make).

As with anything government related, they could care less about the small fish (unless of course you happen to owe them money). I had to file complaints with the post office (mail order fraud), state attorney general, etc. over an ebay item I never receieved, (MO for $500, gone with no recourse). I was basically told it wasn't worth their time to pursue it.

[TheDesigners]

That's the way the world works nowadays and it's too bad. It's like feeling alone in a room packed with people - you're on your own - except all the people are digging in your pockets.

Ebay and paypal are frauds themselves. Don't ever count on their buyer protection and safe-haven crap they advertise.

[Clayton]

Didn't you make a thread about this on WHT? I think I remember reading about it.

[kattouf]

Yupp, i did. Isn't that what you are supposed to do when you don't get what you want

So i sent a DMCA formatted letter to the webhost today, so i will wait and see. Since i am not in the US it's probably not worth anything.

Also I called Paypal UK and gave them the details. I really want them to close their account and withhold his money.

I had emailed Paypal first last week but their response was unbelievable. The support guy said that since i have a UK account i should email the UK devision. Now what this issue has to do with my own account i have no clue! The fraudser is in the USA! Then he very clevery didn't admit/acknowledge the "copying" issue by saying:
"I understand you are enquiring about the software that you are selling on
your website is being sold as well by other people."

Anyway i have faith in the UK people, wait and see.

[dpyers]

This site about copyright - http://www.chillingeffects.org/copyright/ - is sponsored by the Electronic Frontiers Foundation, and Harvard and Stamford law schools.

The chairman of the board of the Electronic Frontiers Foundation has a good article on copyright myths here - http://www.templetons.com/brad/copymyths.html He also has an article somewhere on his site about the Berne Convention on copyright and pursuing international violations.