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  • Nest O' Rattlesnakes [Sad Ending, sorry...]

    Bit O Background: One thing I do is sell premade site templates for dirt cheap. A big part of the cheap deal is because I require a link back to my site, I figure it helps drum up business that way. They get their site for SUPER cheap, I get promoted. Sweet.


    Well this one guy bought a premade, seems normal enough at first. Definitely didn't show up on my SCdar....must've put extra points into Stealth. He pays up willingly, was very nice and sweet when we installed it and made it all live.

    A week or so later we get notified that said client had put new images up on his homepage. No biggie....expect they were images from one of my other sites. He'd edited out the site's name, put his in, and changed the color of two of the "bullet" images.

    So I of course, sent him a cease and desist for that.

    He. Flipped. His. Poop.

    I got a HUGE email full of various obscenities, telling me "you can't copyright a rectangle!", and all sorts of BS. I calmly inform his hosting service about the images, and that if they aren't removed within 24 hours, his site needs to go down. They agree, and notify him of what they will do.

    He proceeds to send me instant messages, hopping from one account to another, cursing me out. But, he takes down the image.

    Within three days, he has a copied version up. New background images, same theme for the icons, and almost the exact same text as mine. Just different enough though, that I decide to let it go.

    Two weeks after THAT, I notice that he's removed his backlink to our site. I inform him that he needs to put it back up...cue same behavior as before, minus the "you can't copyright rectangles". His hosting company at this point lets him know in no uncertain terms they are sick and tired of his crud, and that they are on their way to pull the plug on his site. Link goes back up instantly. I inform him that if there is ONE more violation, I am pulling his template, and there will be no refund. No response from him.

    Well, here comes the bad part. Apparently he was so furious about all of this, that he went out and hired a new design company for a second website he was opening.

    Seriously fudging complicated story I don't want to go into short: I got a leaked version of his website, and found out it was a rip of one of mine. I notified his hosting company that this was the last straw....and he started a smear campaign against me. He told lots of lies, I lost a few contracts to people who believed him, even though I had proof to otherwise. Oh well. I told the hosting company to wait until he made the site live to see what happens.

    Site goes live.

    It was MUCH worse than I thought. Literally, 90% of the site is comprised of bits and pieces hacked off from my best designs. Kinda had to laugh, a few people who backed him on his little smear campaign threw a FIT because they saw parts of their sites. He even told one of them, that he'd directly stolen their site feature.

    I wish this had a happy ending, but it doesn't. There's no pwnage. I was infuriated by what he did, but due to copyright laws, since he stole from so many sources....I don't think I can do anything about it.

    Even worse, I received an anonymous email from "someone who had tangled with him before". Turns out, said client is a bad hacker. Not like "lolscriptkiddie"....like...this guy has stolen identities, hacked PayPal accounts and drained them dry. His side business? Scamming people out of their World of Warcraft accounts and selling them on Ebay. So yeah, quite frankly, I've accidentally fallen into a nest of rattlesnakes, and I'm praying to God I don't get bitten.

    I wish, I wish soooo much that I could get him for his new site. Its sickening seeing so many parts of MY designs being stolen, and claimed as someone else's work.

    But...can't do anything about it... Money's tight as it is, and I am working my tail end off just to pay off some of our bills. I don't have to time to research this and give the scumball the ravaging mandibles of pain that he deserves.
    By popular request....I am now officially the Enemy of Normalcy.

    "What is unobtainium? To Seraph, it's a normal client. :P" -- Observant Friend

  • #2
    You could possibly do so. If you can identify which files are yours then you might have a chance.

    In the meantime, make sure your antivirus, malware scanner and firewalls are all very strong.
    The best professors are mad scientists! -Zoom

    Now queen of USSR-Land...

    Comment


    • #3
      Okay, I'm about to say something that makes me throw up a little, because of the tool I'm going to recommend you use.

      DMCA Takedown Notice. That article provides a decent amount of detail on what to do, how to do it, and what your options will be. There's some minor wranglings that will happen, but the short version is that his site will likely be pulled by his ISP within 24 hours, and he will have to go through machinations to get it back up.

      Once he goes through those machinations, a quick trip to your local civil court, about $50 later, and he's being sued for copyright infringement. Provided you can actually show that they were your designs, you can win a small fortune from him (statutory damages are up to $150,000 per infringement). Since you'd likely be doing small claims, your total will be limited to small claims damages (generally under $10,000 throughout the US, and in some places, under $3,000).

      In other words, as busy as you might be with everything, it could very well be worth your time.

      Now, if you'll excuse me, I feel dirty for recommending such a tool. I hate the DMCA. I've seen too much abuse. But this, for a change, doesn't sound like it at all.

      Comment


      • #4
        Based on the types of accounts mentioned, this guy gets in through either social engineering, which entails him finessing his way into getting passwords (either from the account holders or from stupid ass customer service idiots), or his brute forcing his way into accounts with insecure passwords.

        First, make certain that all of your passwords are strong and protected. There is actually an excellent article on the matter here:
        http://www.pcmag.com/article2/0,2817,2368484,00.asp

        Then, go after him with every gun in your arsenal, including the excellent (distasteful though it may be, but at least it will be used for good for once) suggestion Pedersen brought up. And encourage all of the others he is infringing to do the same.

        ^-.-^
        Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

        Comment


        • #5
          I'm no lawyer, but don't you have enough to nail him for at least slander since he effected your business dishonestly?
          Getting offended is a great way to avoid answering questions that make you sound dumb. - exmocaptainmoroni

          Comment


          • #6
            Generally you can't sue for slander in small claims court, but copyright violations are certainly a plausible small claims case. Of course, given how high statutory damages can get with the DMCA, a full court lawsuit might be the way to go. The DMCA is an oft-abused piece of poorly-written legislation that often criminalizes exercise of statutory rights without repealing those rights, but I agree with other posters, this sort of crap is exactly how it should be used.

            Comment


            • #7
              Quoth Seraph View Post
              His side business? Scamming people out of their World of Warcraft accounts and selling them on Ebay.
              Ooh Ooh! If you can get proof, send it to Blizzard's legal department and sic them on his ass. If he's lucky, he might have enough to pay for bus fare home from the court where Blizzard effectively reams him a new one.
              I AM the evil bastard!
              A+ Certified IT Technician

              Comment


              • #8
                I hope you seek the legal recourse and get this guy for what he's done; you and everyone else he's ripping off. Together I'm sure you have a case. Jerk, just cause he's not creative enough to do that stuff himself. I hope it all goes well for you.
                "If anyone wants this old box containing the broken bits of my former faith in humanity, I'll take your best offer now. You may be able to salvage a few of em' for parts..... " - Quote by Argabarga

                Comment


                • #9
                  Quoth Pedersen View Post
                  Now, if you'll excuse me, I feel dirty for recommending such a tool. I hate the DMCA. I've seen too much abuse. But this, for a change, doesn't sound like it at all.
                  I heard that. But it's not like you're recommending it to silence a critic. Frankly I'd feel more dirty if scum like this were allowed to profit from their scummery.
                  Happiness is the exercise of vital powers along lines of excellence in a life affording you scope.

                  Comment


                  • #10
                    Quoth lordlundar View Post
                    Ooh Ooh! If you can get proof, send it to Blizzard's legal department and sic them on his ass. If he's lucky, he might have enough to pay for bus fare home from the court where Blizzard effectively reams him a new one.
                    Only proof I have atm sadly is a chat someone posted online where they were telling others about what he did. I am not sure if Blizz would take it seriously, sadly.

                    Quoth Mystic View Post
                    I'm no lawyer, but don't you have enough to nail him for at least slander since he effected your business dishonestly?
                    Probably. I'd have to probably speak further with a lawyer regarding it. But...they're expensive, and we're hanging on by our fingernails atm. ><

                    Quoth LillFilly View Post
                    I hope you seek the legal recourse and get this guy for what he's done; you and everyone else he's ripping off. Together I'm sure you have a case. Jerk, just cause he's not creative enough to do that stuff himself. I hope it all goes well for you.
                    I'd love to, but from what one other designer has told me after they were similarly burnt...."the more they steal, the less you can do about it. "
                    Clarification: The more places of yours they steal from, the less you can do.
                    Last edited by Seraph; 09-16-2010, 06:01 PM.
                    By popular request....I am now officially the Enemy of Normalcy.

                    "What is unobtainium? To Seraph, it's a normal client. :P" -- Observant Friend

                    Comment


                    • #11
                      IANAL. If it were a case that he was stealing from multiple sources (meaning multiple designers/coders/programmers) then I'd agree. But he's stealing primarily from you, and in such a way that he probably can't get away with the "oh, I just used it as inspiration" argument. If you can get the actual code from his site, you can probably compare it to your own (not to mention screenshots of the various sites and overlaid on his to show similarity) to show how it was stolen.

                      You probably have a pretty strong case here. I'm not sure what that designer was smoking, but I don't see how "the more they steal the less you can do about it."

                      Comment


                      • #12
                        Well, good point everyone. I'll probably go on ahead and get a few screenshots of all his pages, and compare them to my work. Not sure if I'll have enough but...might try and find a lawyer who will do a free consultation. (like THAT will happen)
                        By popular request....I am now officially the Enemy of Normalcy.

                        "What is unobtainium? To Seraph, it's a normal client. :P" -- Observant Friend

                        Comment


                        • #13
                          What you want is a lawyer who would take his fees out of what you would win, since it does sound like you have a valid case. And as much as I don't like advising people to lawyer up . . .

                          The law is there to protect people, and while people these days like to use it as a bludgeon to get their own way, you would be using it to protect your work and livelihood. So I give my blessing to go to it, but only if you're prepared for backlash which will precede and maybe even follow the court's decision.

                          I don't see you losing since you have likely evidence he has stolen copyrighted material, and he has a track record of doing so (via his ISP). But then again . . . I'm not a lawyer. I'm actually just a sane and collected person

                          Comment


                          • #14
                            Quoth Kereminde View Post
                            But then again . . . I'm not a lawyer. I'm actually just a sane and collected person
                            I don't know why exactly, but this made me laugh.
                            I AM the evil bastard!
                            A+ Certified IT Technician

                            Comment


                            • #15
                              Quoth lordlundar View Post
                              Ooh Ooh! If you can get proof, send it to Blizzard's legal department and sic them on his ass. If he's lucky, he might have enough to pay for bus fare home from the court where Blizzard effectively reams him a new one.
                              I STRONGLY second that. Also if he's hacking from paypal and other sites like that...maybe an anonmous call to the FBI or something similar with any info you can give them.

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