Very evil site

**angelabx** · 09-02-05

Can you share the site address with us Mogga?

I'd like to check that we're not being copied too!

**Dynamoo** · 09-02-05

I've had a look and there are two of my sites listed with some sort of scraper.

There is a substantial text excerpt on these pages which in my view exceeds "fair use" allowed by copyright laws.

**bapages** · 09-02-05

Mogga,

What are the two sites? PM if needs be.

**Mogga** · 10-02-05

I've had a lot of requests for the URL...

Would the mods agree to me posting it in here?

**John Jupp** · 10-02-05

Much obliged Mogga. Reply sent.

**bapages** · 10-02-05

There is a good piecein this months 'Web Designer' magazine on this matter of how to protect and what actions you can take with copying content.

**Dynamoo** · 10-02-05

Thanks bapages, I'll look out for that.

**Mogga** · 11-02-05

Hmmm his hosts say

"Many thanks for bringing this my attention; I shall be discussing this matter further with our legal team. Upon initial inspection I can see
that the text has not been ?ripped off? from your site nor is the customer attempting to pass this off as their own. They have mentioned
your company name in this text. This may pose a small problem in having the content removed but as I said I shall be looking further into
this case with our legal department. Many thanks "

Hmmm, not altogether impressed with that. It doesn't match my page NOW but I can probably go through a few dozen back up discs to find exactly what it does match.

So what does this article say to do?

**andy_jacko** · 11-02-05

I can see
that the text has not been ?ripped off? from your site nor is the customer attempting to pass this off as their own. They have mentioned
your company name in this text

sorry but a*******s,

just because they mention your site still doesn't make it ok. they are still in breech of copyright.

could you name the host, just so we dont think of using their services.

some people

hope you get it sorted soon Mogga.

regards andy

**Dynamoo** · 11-02-05

A "snippet" of text (much like some of the scraper sites do where they list dozens of pages) would probably be covered under the "fair use" provision of copyright laws. Although scraper sites are a PITA, most of them don't pose a threat through a duplicate content penalty.

In this case there are a couple of paragraphs or more taken, which is basically the entire page rather than an excerpt, and generally that would be unlawful under the Copyright, Designs and Patents Act 1988.

But there's more - if a site copier causes your site to be removed from the SERPs, then you could file a "civil tort" - essentially a claim for damages to your business interest caused by the actions of the other party. If you could demostrate, for example, that you have been displaced from the SERPs and can prove historical traffic and estimate an income, then you would be able to claim damages for your loss (note that I am *not* a lawyer, this is a layman's interpretation of the law).

Furthermore, if the web host continues to allow the unlawful use of your work to continue, then they two could have a claim filed against them for their tortious (not "tortuous") acts. If the host isn't in the UK (in this case it's Germany hint hint) then this could be more difficult though.