[thelist] Site Copycat (Special Circumstances Involved)

[David Bindel]

> From: Bob Haroche
> Sent: Friday, June 20, 2003 7:33 PM
> 
> David Bindel wrote:
> 
> > AFAIK, his customers have no idea that I am involved in the 
> creation 
> > of their sites.  Would it be a good idea to email them?
> 
> It all depends -- is the hassle of fighting this battle worth 
> it to you in the long run? If you stop collaborating with 
> this guy, and he ceases to pass off your stuff as his own, 
> does it still matter? Only you can answer that question.

I'm pretty sure he would still use my stuff; he would just consult other
more sympathetic sources for how to do the rest.

> If the answer is yes, though, then I would contact the site 
> owners. Technically they are infringing your intelluctual 
> property rights even if they didn't instruct their designer 
> to steal your work. You could write them (by letter, not 
> email) and politely but firmly point out that their design 
> (and copy?) were taken from your work. Provide URL's for 
> detailed comparisons. Unless you know the owners knowingly 
> participated in the copying, there's no need to accuse them 
> of wrongdoing in so many words. You can take the high road 
> and say you assume they didn't know, but now that they do you 
> any of the
> following: (1) their site removed, (2) compensation for a 
> license to use your copyrighted design, (3) a credit link 
> back to /your/ site,
> (4) something else.

He hasn't copied the exact theme of the site, but many elements of the
page (including layout, structure in the source, colors) are borrowed.
As for copy, he hasn't used it on his client's site, only on his own.
Sorry if I was a little unclear on that.

> You may or may not get any satisfaction from the site owner 
> but you could reasonably expect the owner to call up the 
> designer with a WTF type of question. Might be just the right 
> sort of comeuppance and lesson the other designer needs.

That's a good idea, and I'll think about it.  So far, he only has one
client that I'm aware of, so it wouldn't be hard to get in touch with
them.

Thanks,
David

-- 
    David I. Bindel
  Website Development
 dbindel at austin.rr.com
  www.davidbindel.com