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Blog Owner Says He's Going To Sue Me

Discussion in 'BlackHat Lounge' started by Pofecker, Jun 12, 2008.

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  1. Pofecker

    Pofecker Senior Member Premium Member

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    I run a bunch of blogs and make some fairly decent loot from them. My little brother saw my continued success with them and decided he wanted to try it. So I bought a domain, threw it up on my host and installed wordpress for him. He didn't do anything with the site for awhile, so I didn't bother checking on his progress. That was probably my first mistake. :(

    So this morning I check my email and get a surprise. A guy wrote me and accused me of stealing stuff off his site and publishing it on mine. He went on to say that I should have 'taken care of the whois info' before I stole other peoples work. (I didn't bother registering via proxy).

    I quickly checked my brother's domain and he had actually snatched word for word content off this dude's website. No attempt to hide or rewrite it, just a plain copy & paste. He also used my Digg & Stumble account to help get the blog indexed faster.

    The content in question is a simple blog entry along with a small php tool to aid people in recovering lost passwords. My brother downloaded his script (386k or so) and uploaded it to my server to be shared. No one actually downloaded it though.

    I confront my brother, he admits to it, I kick him in the ass (hard) and delete the entire domain, undigg the site and delete the Stumble comments.

    My question/concern is that this guy has a right to be pissed about his shit getting stolen and I don't blame him. He does however state that he plans on suing me for damages. He lives in the UK I think.

    Any suggestions/comments?
     
  2. Entrepreneur

    Entrepreneur BANNED BANNED

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    Take the diplomatic route and just tell him the truth, apologise and maybe give him some digg traffic by way apology, maybe scratch his back and just come clean i think is the best course of action. Of course actions speak louder than words and you've removed offending material, so perhpas he'll see you're doing your best.
     
  3. ljay13

    ljay13 Registered Member

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    Stop worrying. Its doubtful that anyone would really take the time , effort, and money involved to sue you for something as trivial as that. Unless you suddenly got rich off of his content, or are receiving tens of thousands of visits a day through his writing, he'd be a fool to try and sue you.
     
  4. JesterJoker

    JesterJoker Regular Member

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    Yah its a scare tactic. Plus if hes in the UK, theres no way he bringing you to court. And then theres no way to sue you. Hes a small fry in a big fry box, so he was just pissed.
     
  5. dogdog

    dogdog Regular Member

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    Yeah, don't bother. Nothing gonna happen.
     
  6. loclhero

    loclhero Supreme Member

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    The guy has no chance. First, a letter in the mail means nothing. You never got it. Second, he's where?? In the UK??? Where are you? Assuming you are not in the UK....what's he going to do? File an international suit? And ask for what damages?
    Bottom line, nothing will come of this.
     
  7. Choronzon

    Choronzon Power Member

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    I'm in the UK and I know the problems involved with suing someone, especially across the pond. He would need a barrister or a very good solicitor and a good deal of preparation, it would be expensive so I would just do my best to appease him but not lose too much sleep over it
     
  8. jakcharles

    jakcharles Registered Member

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    their is no doubt that mistake was of your brother he copy and paste same to same if made some changes then copyright law didnt affect on him so
    you did rite by deleting your domain
     
  9. Atlas

    Atlas Regular Member

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    I would be honest with him and ignore any threats of a lawsuit. If he is in another country there is no way he is going to sue you over something like this. Everyone loves to throw around the "im going to sue you" bullshit. I had a guy send me a drafted letter from his "attorney" and i just ignored it and nothing ever happened. It takes a lot of time and money to actually file a lawsuit.
     
  10. battman323

    battman323 Regular Member

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    You won't be sued. He was just mad and wanted to scare you. You did the right thing and he can't ask for more than that because there weren't any documentable "damages" to sue for.
     
  11. Uptownbulker

    Uptownbulker BANNED BANNED

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    Tell the dumb fucker to go ahead and sue you!

    Tell him that since he has threatened legal action, you can no longer speak with him directly but only through your attorney.

    Ask HIM for HIS "service address"!

    That'll blow his mind!

    His threats are nothing but a feeble attempt at intimidation and it is th sort of thing that cyber thugs are very good at because people get scared and cave in.

    Tell him that if he feels froggy, he should jump on and then ignore him in future.

    He will sit on his thrumb and spin but will go away as these people do not know what to do when you call their bluff.
     
  12. fxmaster

    fxmaster Regular Member

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    I live in the uk and i ounce got threatened by an american saying he was going to sue me and all that and this was just because of something i said to his wife and he did fuck all, all mouth and no balls.
     
  13. The Scarlet Pimp

    The Scarlet Pimp Senior Member

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    It costs a lotta cash to sue someone, especially if they're in another country. What does he expect to get for his trouble? Any lawyer will demand a retainer upfront and he's not going to pay that!

    tsp
     
  14. fazee

    fazee BANNED BANNED

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    I dont understand why you closed your blog!! You should just told him to go to hell!!

    Big websites have huge amounts of copyright shit available for free, and they dont get sued,
    this dude doesnt even have a fricken patent!
     
  15. aftershock2020

    aftershock2020 Senior Member

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    You've done the right thing in removing the content and apologized for the incident. You have done the best you can do for what has happened.

    If he is so anal that he does file on you, the claim will be in civil courts there. If the judge doesn't throw it out, it would automatically be in his favor but naturally he wouldn't ever see a dime. Just like here in the states, unless you show up over there willingly, they can't do a thing to you because you haven't committed an ' international felony,' giving them grounds for hauling you all the way to the UK.

    I would be more concerned with him flaming you and damaging your sites that way due to him having your ' whois ' information if anything at all. Just keep it simple and clean.

    And FYI- Keep your brother and the rest of your family out of your business world. You know better than mixing the two, man. Besides, unless you are at a level to where you can mentor your brother properly into the industry, it's like handing a toddler a hand grenade. You know whats going to happen once the kid starts fiddling with it.
     
  16. sikandar

    sikandar Senior Member

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    I had a similar experience where a guy from US sent me mails accusing me for stealing content from his site. In fact I had never seen his site or post. I had rewritten my post using a post from another site. I ignored his emails and he complained to my host company GoDaddy which disabled my domain temporarily. This guy also threatened to sue me in the court. I then got back to the guy and told him what happened. I agreed to delete the post just to please him and settled the issue. My site was finally restored by Godaddy after wasting about a week. So, I think amicable settlement is best approach in such cases.
     
  17. aftershock2020

    aftershock2020 Senior Member

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    Quick foot note: The reason I stated that he would automatically win is simply by default of you not showing up and getting a failure to appear. Just wanted to make that clear. Not appearing in the civil court systems here and in the uk alike is like pleading ' no contest ' to the case.

    That's why in traffic court, if you don't pay your ticket ahead of time and then don't appear, you are basically admitting guilt in the eyes of the court because you didn't show to defend yourself.

    Like I stated before...I bend the rules in my favor and never break them. To play that sort of game, you have to be sure and understand all the rules.

    As for this guy's threats, I wouldn't worry about it unless he does file something. You learned a hard lesson to keep your family and work apart.
     
  18. ljay13

    ljay13 Registered Member

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    Just to follow up - yeah, the guy's just trying to be a douche.

    ...would you mind linking to the articles stolen? I want to have fun. :D
     
  19. Stumickel

    Stumickel Junior Member

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    pofecker,

    1. The guy has to prove ownership of the material. That means copyright.

    2. The guy has to prove injury like loss of profits or defamation or something like that to get any kind of amount in damages.

    3. All copyright infringement cases start with notifying the infringer of the violation and presenting a demand for removing the copy from public access.

    In terms of the law, there was no injury and you immediately complied with removing the violation. Thus, end of story.

    You may or may not have trouble with your provider, but if you show the company that you complied immediately, I have little doubt that it will see good faith and good customer.

    I agree that it would be a nice gesture to give the dude some Digg traffic or something for the inconvenience, but if that gets complicated because the loud-mouthing doesn't stop, just ignore him. If it gets really ugly, tell him to go have sex with his mother or something.

    If it gets really really really ugly, I presume you know some Black Hat stuff. And there my advice stops. :)
     
  20. Pofecker

    Pofecker Senior Member Premium Member

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    I agree completely agree with that. Although I didn't take into consideration how much shit he could get into with wordpress, lol.

    A bit of an update, my brother called me at work to ask if anything else had happened and he filled me in on some extra information. It seems he tried to copy a photo from this dude's site. Shortly after publishing the post on his wordpress, he said the photo changed by itself. It changed into a gay pic of two guys blowing each other! LOL

    Seems this guy has had issues in the past.
     
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