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Design Theft - The Webmaster's Recourse
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Involving the Web Host
If two emails to the ripper don't fix the situation, contact their hosting provider. If they're located in United States or Canada you're especially in luck, as the laws here state that if the host has been informed about the infringement, but fails to take any action, they're liable as well. Remember when we got the details of the site's name server? Go there now: if your search returns a page that doesn't look like the page of a hosting provider, try the domain name only (no sub-domains). After you find out who hosts the site, look for their abuse email (which is typically on the contact or support pages). Drop them an email informing them about the abuse of your site design and copyrights. Again, try to keep a perspective and highlight why it's best for them to remove the offending site from their servers.
Note that if the hosting company is based in another country, you may be limited in your options. If this is the case, try to persuade the host to remove the site -- by all means -- but keep in mind that you might not be able to taken any serious legal action against them. Send as many emails as you feel are necessary. Larger corporations tend to respond quickly, while smaller reselling businesses might not be so quick about throwing their clients out the door. If a hosting provider has an abuse phone number, feel free to give them a call. The more you annoy the provider, the more likely will they be to work with you.
Conclusion
Taking these steps will work to ensure the correct use of your design 99% of the time. But if it doesn't, you aren't out of options. If the hosting company is in the US, Canada, UK, or other countries with reasonable laws covering cyber crimes, you should seek advice from your lawyer.
I hope this short guide helped you, but if you need any additional assistance you should stop by SitePoint Forums. Good luck!
Sample eMails
Stuck for words? Here are some sample email templates you can customize and send to sites that have infringed your copyright.
1st eMail -- to the Site Owner
Dear [insert site owner's name from whois]:I'm writing to you to express my concerns about your Website's design, which is located at [insert ripper's URL]. That design has been copied from my Website, [insert your URL], without my permission.
The design is a copyrighted work, which is protected under United States and International copyright laws. I request that you remove the site as soon as possible. If you do not stop using the design immediately, I'll be forced to press charges for copyright violation (and give you plenty of bad publicity about it).
Thank you for your time and cooperation. I look forward to your response.
Sincerely,
[your name]
[your Website name]
2nd eMail -- to the Site Owner
[your name]
[your title if any]
[your Website name]
[your contact details][person who is using your work]
[their Website name]
[their address][date]
[insert site owner's name from whois]:
I recently contacted you about your Website, [URL], which violates federal copyright laws. You did not stop utilizing the illegally copied design as requested in my email.
Violating copyright laws is a serious offence and is classified as a felony in some cases by United States federal courts.
If you stop using my copyright design within the next 24 (twenty four) hours I will not take any further action against you. However, if you fail to cease your illegal activities I will contact your hosting provider, [insert host name if you know it], to get your Website shut down, and/or press charges to the fullest extent of the law.
It is within your best interests to take appropriate action and cease using my design as soon as possible.
Thank you for your cooperation.
Sincerely,
[your name]
[your Website name]
3rd eMail -- to the Host
Dear Sir or Madam:I'm writing to inform you and express my concerns about one of your hosting clients ([insert site name]). This Website has been illegally using my copyrighted works without any prior consent from me. Copyright violations are a serious crime and I'm hoping you will provide assistance regarding this issue.
{if the host is in United States use the following paragraph, otherwise skip it}
As a hosting provider in United States of America, you will be liable for copyright law violations according to the Digital Millennium Copyright Act if you allow this activity to continue after you become aware of the infringement.
Quick action to eliminate this lawbreaker would be beneficial for everyone, including you. As a hosting provider who eliminates untrustworthy clients from your database, you'll enjoy good publicity, gain a reputation as a provider who cares about copyright laws, and save yourself from dealing with any lawyers.
Thank you in advance for your cooperation. I look forward to hearing from you about this serious issue.
Sincerely,
[your name]
[your Website name]