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Summary:
This is a cautionary tale for our times. It describes
how the author discovered that someone had stolen his
entire web site and was using it for their own business,
and what was done to fix the situation.
One evening not too long ago
I was looking through my web site traffic logs, looking
for patterns that could help me improve it. I was in
the section that shows the pages visitors enter and
exit my site. The page addresses should normally begin
with my domain name.
However, on this occasion there were several listed
that started with some name I didn’t recognize.
An Unpleasant
Shock
When I clicked on the link,
I had a very strange sensation. I was looking at the
home page of my site, but something was wrong. My trademarked
logo was there, all the buttons were there, the text
looked right, but the name had changed! Instead of “ZebraMoon
Web Design,” it said, “Autumn Web Design.” (Name changed
to protect the guilty.)
As I clicked through the site,
everything was intact: all the graphics, all my copyrighted
articles, all the text were just as I created them,
but my name had been replaced by his. If I hadn’t been
so angry, it would have seemed funny to see my clients’
testimonials saying what a great job Greg from Autumn
Web Design had done for them.
Yes, my entire web site had
been hijacked!
What He Did and
How He Got Caught
It’s easy enough to download
a web site to your computer, although if you don’t know
how, you won’t learn it here. Once he had the pages,
he just changed the text so it would appear to be his
site. Then he uploaded it to his server and was instantly
in business as a well-established web designer.
Of course, since he was more
of a thief than a real web designer, he didn’t look
much at the HTML code. If he had, he would have removed
the code for the invisible counter that’s on each of
my pages and I would never have caught him. That code
creates the traffic logs that I was reading when this
all started.
Time to Call
in the Cavalry
Although he had his real name
and phone number on the contact page, I decided not
to contact him directly. I called my attorney and had
her send a Cease and Desist order by certified mail.
I also contacted the Computer Crimes division of our
local police department. They had never heard of such
a case, but promised to do some research.
In the meantime, I received
my copy of the Cease and Desist order. A week later,
the site was still up. I couldn’t believe the nerve
of this guy.
The computer detective called
back and suggested I contact the Economic Fraud section
of the district attorneys office. They had never heard
of such a crime either, but thought they would have
no jurisdiction over someone out of state. They suggested
I contact the Texas state Attorney General’s office,
since the perpetrator lived in the Houston area. I eventually
filled out an online complaint form and waited to see
what happened. It took another few days, but eventually
Greg took all my content off his site. Now he just has
my logo and three of my buttons left.
What This Means
to You
Since this is the second site
I’ve had copied in the last six months, I have to believe
the problem is more widespread than we ever imagined.
These two people made mistakes that led to their discovery,
but how many other sites might have been stolen by more
clever thieves? If someone has copied your site, how
would you ever know? And what could you do about it?
Only about 30 states have laws
regarding internet crimes, and no Federal legislation
has ever been passed. Most of the time it would hardly
be worth your time and expense to try to prosecute anyone
unless you could prove thousands of dollars worth of
damage to your business. And of course if someone in
another country steals your site you may as well just
try and forget about it.
What (Little)
You Can Do to Protect Yourself
There are many good reasons
to track your web site visitors, and now I guess you
can add catching thieves to the list. The question is,
what do you do once you realize you have a problem?
The first person to “borrow” one of my sites wrote to
my client admitting he’d liked the design so much he
copied it. He thought that if he changed the text there
was no problem. In this case I decided to call him directly
and let him know about my interpretation of copyright
laws as they pertain to the “look and feel” of a web
site. With the current laws, I doubt I could have won
a court case against him, but luckily he backed down
and created his own look. If Greg in Houston hadn’t
pulled the site after receiving a letter from an attorney
and being contacted by his state’s Attorney General,
I doubt it would have been worthwhile to pursue him.
Conclusion
In a lot of ways, the World
Wide Web is still like the Wild Wild West. The laws
are not adapting as quickly as the technology, and catching
and punishing law-breakers is a sometime thing. At this
point about all you can do is monitor your site (see
my article, Track Your Site Visitors), write your legislators,
and remember that imitation is the sincerest form of
flattery. Good luck! |