My partner had ftp access and gave ftp to one of our web masters. Said web master gave ftp to one of our community admins who said he wanted to do some clean up on the server (he made a mistake by not consulting with my partner and i), but instead the community member just stole the content and relocated to a new domain.
Do you have proof that this person accessed the server without your permission? Check your server logs.
It would be worth asking your lawyer whether this access to your server is illegal or not.
I think you should distinguish between stealing the content and stealing your files and database. There is a lot of difference.
As I see it, this is what happened:
1. The person gained (possibly unlawful) access your server through manipulation and lies. Such malicious access to your server could be seen as social engineering depending on the details. It could be seen as hacking and fall under relevant laws.
2. Then he stole your assets. The stolen property includes:
- your database
- your files
- your design
Think about any other assets that may have been stolen by this person. What else represents value to you.
Your assets represent value. Consider what that value is. Spending 10 years on a project seems like a very significant value to me. Ask your lawyer, consider what similar sites cost and also get a good valuation of your site / assets.
The design may be the intellectual property of your designer, so it may be unlicensed use of the design. Ask your lawyer what statements you need from the designer to be able to include this in your case.
3. Then he made use of your assets by using those to create his own website.
Has he used this to generate income in any way? If so, then he is making money from stolen assets.
If he is contacting your members then he is actively damaging your website. Your website represents a value, and that value is being damaged.
4. If your website content is copyrighted by your ToS, then your copyright is violated as well.
5. Your user data is private data. This person stealing the user data and using that data could be a breach of Data Protection laws, depending on where you are located and what laws are applicable. Again: check with your solicitor.
Based upon the above you have a number of possible illegal actions that you need to address through legal action. At the very least go to a lawyer specialized in online intellectual property and similar cases and ask for their opinion.
Quote:
Originally Posted by Darigaz
- Do my partner and I have copyright to the content on our forum? In this sense, can we claim that the offending party is breaking copyright by stealing our content even though the content consists of peoples threads/posts?
This depends upon your ToS. But as said, it may not be the copyright breach thats the main issue. It may well be the illegal access to your server, stealing your assets, data protection laws, generating income that you are entitled to and damaging your property.
Quote:
Originally Posted by Darigaz
- Do we have legal grounds to sue?
I think you should really get advise from a lawyer, as it seems very likely that you have good ground to sue.
Mind that I am no lawyer and am completely unaware of your location or applicable laws in your location.
Quote:
Originally Posted by Darigaz
- What measures can we take before having to take a legal route, we would prefer not to spend money. But we have put nearly ten years into this project and would be willing to take this to court if we have a case.
This will cost you money, time, effort and stress. I deal with court cases and lawyers frequently and there is no way around that. If you are successful, then you could be reimbursed for your damages by the perpetrator.
What you can and should do right now is carefully document everything that has happened and is happening. Server logs, screenshots, emails, chats, etc.
It is not unlikely that a good letter from your lawyer will cause the duplicate website to be shutdown and pulled from the web.
After that you need to have a good body of evidence, including backups of everything and anything to be able to sue for substantial damages.
Be careful about what you post in public. The person may read what you post.
10-21-2012, 02:20 PM
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