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EMAIL EXCHANGE: SocialMedia.org

06.26.08

A brief one-way conversation on copyright infringement accusation regarding 'wp-o-matic' automated blogging script and 'socialmedia.org'


Tuesday, June 3, 2008 5:45 PM
You are using copyrighted content on your website, socialmedia.org

This is to advise you that you are using copyrighted and protected material on your website. Your illegal use of "5 things I'm thinking about web marketing" article at

http://socialmedia.org/?p=3063 is originally from my blog called AndyDidyk.com at http://www.andydidyk.com. This is original content and I am the author and copyright holder. Use of copyright protected material without permission is illegal under copyright laws.

Please take one of the following actions immediately:

* Re-write the post to include excerpts with a link to the original content
* Remove the plagiarized material immediately.

Additionally, your theft of content has caused Google to drop my site completely from its page rankings, because it assumed it was duplicated content.

I expect a response within 3 days to this issue. Thank you for your immediate action on this matter.
Sincerely,

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Andy Didyk
www.andydidyk.com



Monday, June 9, 2008 11:37 AM
Cease and Desist Order re: socialmedia.org

Dear Mark Edward Grimm:

It has come to my attention that you have made an unauthorized use of my copyrighted work entitled "5 Things I'm Thinking About Web Marketing" (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in May 9, 2008 at 5:07P.M., and have registered copyright therein. Your work entitled "5 Things I'm Thinking About Web Marketing is essentially identical to the Work and clearly used the Work as its basis.

In addition, I have numerous examples of you or someone affiliated with socialmedia.org systematically copying the works of others and using said work to drive traffic to the domain that you own, socialmedia.org. A simple Google search of your materials reveals their original sources, and I highly doubt that every single one of them gave you explicit permission to repost their material. If you are, in fact, systematically stealing others' copyrighted work, not only is this activity unethical, it is also illegal. I state this to you not as a threat but as a promise of further action by the community of individuals from whom you are stealing.

The URL for my original work is here:

http://www.andydidyk.com/2008/05/09/5-things-im-thinking-about-web-marketing/

And the URL of your infringing work is here:
http://socialmedia.org/?p=3063

As you neither asked for nor received permission to use the Work as the basis for this content on Socialmedia.org, nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by Wednesday, June 18, 2008 indicating that you have fully complied with these requirements, I will take further action against you.

Very Sincerely,
Andy Didyk

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Andy Didyk
www.andydidyk.com


Mon, Jun 9, 2008 at 11:46 AM
RE: Cease and Desist Order re: socialmedia.org

ok

Ever hear of 'autoblog"? just a script:

http://www.easywordpress.com/labs/wordpress-plugins-wp-o-matic/

not a big deal. im not making $$$...

The whole thing isn't even here:
http://socialmedia.org/?p=3063

More like "2.5 Things I'm Thinking About Web Marketing".....

I'll take it down NP. This afternoon I will look at it...

m


Monday, June 9, 2008 1:41 PM
Re: Cease and Desist Order re: socialmedia.org

Thank you. I appreciate your prompt attention to this matter.

To a comment you made in your response, please let me share with you why what you are doing is, in fact, a "big deal".

1. It's illegal to use all of or parts of someone else's work without their permission, according to US copyright law, unless you are within the "fair use" clause, which no lawyer I know of would consider you covered by based on what you are using autoscript for.

2. I derive income from my blog being found on the internet. When you duplicate someone's content without changing it at all (i.e., using the Autoblog script), Google and other search engines will consider themselves being spammed (by a user with duplicate copies of the same content). When this happens, as it did with my blog, I get completely booted from Google for over 3 weeks while I wait for them to manually process my reinstatement claim. This costs me money and wastes a large amount of my time.

3. It is especially illegal to use others' content to make money from, which in fact you are. You're using other people's content to artificially raise the placement of your URL in search engines so that you can make a profit off of the domain you have for sale. There is no other discernible use of my or anyone else's content on your site.

I'm not trying to be a jerk here, but you need to understand that what you are doing can seriously screw people who are working to promote their websites honestly and with original content. And what you are doing at best unethical and at wost illegal and could result in a lawsuit by someone who doesn't want to try to track you down to get their work removed from your website. There are lots of better ways to get your domain sold than to highjack other people's content and consequently their search rankings.

Best regards,

Andy Didyk

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