I disagree that stealing and fraud is "beyond" blackhat.
So much of blackhat is stealing, fraud, misrepresentation and lies.
Take CS for example - this is fraud plain and simple - except there's really no legal recourse companies have when cs occurs.
Take for example my flogs which are blatant misrepresentations - except I put a disclaimer at the top that says "advertisement" and disclaimers at the bottom. Makes it legal
You get away with what you can get away with. If Clickbank approved his product - and he's not stealing your copy, then what the fuck do you care. I know, your a cb vendor and he's "offending your sensibilities". WTF is that, you do not belong here - you should be with nickyfruitcakes over at wickedfire.
Point is, would I file a DMCA if somebody blatantly stole my site - yes. But to rat him out, get a life dude.
And, for the guy who said "you stole his template and edited it", a small change in design is enough to make it legally unique.
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