what would you do? possible copyright infringement

[Sean S]

thanks for the advice guys, proving the point is no problem for me, as I keep all documents/e-mails/and even phone conversations (with permission) with clients. The only thing in my mind which Ted mentioned too is that if the issue is worth pursuing. I would love to do something about it though if they don't reply back to me on monday.

[Tony G]

Originally Posted by HR3rdGen

Why would u do business for a company of lawyers that engaged in selling drugs or medicine to some middle eastern cities? You support terrorism? They are probably laughing at you now.

That's not the issue in this thread and please don't bring it up again, thank you.

E-mail them. See what they say. If they deny what they've done, get in contract with a solicitor and it'll be an easy win for you as long as you have the evidence to proove you made it, which you do. All your solicitor will need to do is send a threatening letter, saying they will take legal action. They will realise they have no chance and change it over.

[Freesteyelz]

When dealing with lawyers you need to think as they do. Ted S is exactly right. Without a contract, seeking monetary damages may be difficult to acquire even if you've saved all documents. The burden of proving that there was an agreement between you and your clients is on you. Yet, even if you have a case will it be your worthwhile in the end? There is always the option of contacting the ISP.

What would I do? I'd probably pursue it.

[Sean S]

thanks again guys for the advice. So far it is very obvious that they have been ignoring my messages, as I have left a message, sent a letter to their office and even faxed a copy of it and still no response from them. I don't know if it would be wise or not to go to their office and actually talk to one of them in person, but am still thinking about it, but first I'm trying to talk to a lawyer and seek some advice or get him to write a letter to them regarding the copyright infrigement.

[yinyang]

does the Electronic Frontier Foundation handle cases like this? they're a pretty powerful group of people.

try to also find out who their webhost is. if they are illegally using copyrighted material, you may be able to get the webhost to take down their site until this is resolved, though i am not sure. it is a possibility however.

do you still have their account info or ftp? did you try putting in a backdoor?

[Freesteyelz]

I would not recommend using a backdoor.

[Sean S]

may I ask what a backdoor is please? does it have any other names?

and as for having their account information, yes I still have the valid FTP information for their website, but I don't know if I should go ahead and change stuff or take it down. I don't want to give them anything or any excuse so that they could use against me for now.

[Rich]

I wouldn't change a thing on their server.

It's pretty safe to assume that he can prove he did the work, the question is can he prove they don't have the right to use it.

Actually, if he persues this in court, it will be THEIR responsibility to prove that they DO have the right to use it. He is filing a copyright infringement lawsuit. His gripe will be simple: They are using MY material, which I can prove, and claiming it as their own. That IS the essence of infringement. They are claiming that HIS work is their own. He can sue for up to $50,000 I believe seeing as they are claiming they created the style.

Since there is no contract, and he can prove he created the graphics and design, they are...without a doubt....violating the copyright laws and they will not be able to prove otherwise. It would not be a "he said she said" scenario because he CAN prove he made everything.

[hambil]

Originally Posted by Sean S

thanks again guys for the advice. So far it is very obvious that they have been ignoring my messages, as I have left a message, sent a letter to their office and even faxed a copy of it and still no response from them. I don't know if it would be wise or not to go to their office and actually talk to one of them in person, but am still thinking about it, but first I'm trying to talk to a lawyer and seek some advice or get him to write a letter to them regarding the copyright infrigement.

You need to make the compaint directly to their ISP. Basically, let the ISP know that they are hosting illegal copyrighted content and that you want them shut down. Provide proof, and let the ISP deal with them. The ISP cannot ignore you.

[Freesteyelz]

Originally Posted by Sean S

may I ask what a backdoor is please? does it have any other names?

and as for having their account information, yes I still have the valid FTP information for their website, but I don't know if I should go ahead and change stuff or take it down. I don't want to give them anything or any excuse so that they could use against me for now.

Think of "backdoor" as a way of bypassing login. As for your FTP access, your hesitation of using it is correct. Especially if you're thinking about taking action. The design is yours but the server is theirs.

Originally Posted by Rich

Actually, if he persues this in court, it will be THEIR responsibility to prove that they DO have the right to use it.

The initial burden of proof is still on Sean S.