Copyright infringement?

iseegreen said:
I know its probably a shock to the system

but if you have little money or assets they are wasting their time

Ok they get a judgement - but then they have to collect - so if your a student - they are going to lose out

seems really dumb on their behalf.
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They are not wasting their time if they are protecting their brand.

I've sued in the past, not expecting to actually get cash, and have won and that has protected my products and services.

It generally is done to stop the next 10 guys from infringing.

Not addressing your particular situation, OP, just letting you know the general thought process.
 
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That's the thing. There are no T&C that I can find. It just says just like any other feed-"subscribe to this feed". It is completely linked back to their site and is not altered in any way.
 
fenway said:
I should have used a proxy (hindsite) but I really did not think I was doing anything wrong. They demaned a jury, so I can only think they are looking for a big payout.
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I would look into how much a lawyer would cost, but if you are in school, i wouldn't worry about it, unless you are being sued for an astronomical amount. Typically a jury trial is only allowed for larger claims. First off, look into your states laws and see if small claims suits can have juries. A jury will probably be beneficial in this case however, given the ludicrous suit. If you do go to trial, be sure to present proof that you in fact earned no income whatsoever, you removed the content from your site (have proof to show you've done this, and if you haven't do it now), and be prepared to bring up the issue of RSS feeds and public distribution.

Also, check their feed, to see if there's any other sites, especially the big boys such as Yahoo and others use their feed for even as small of a purpose as listing. If this is the case, ask for proof of written approvals to whatever sites are using their RSS feed.
 
BassTrackerBoats said:
They are not wasting their time if they are protecting their brand.

I've sued in the past, not expecting to actually get cash, and have won and that has protected my products and services.

It generally is done to stop the next 10 guys from infringing.

Not addressing your particular situation, OP, just letting you know the general thought process.
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Yes, but did you sue in a small claims court or did you try to get as much money as you could?

Suing for a large amount of money for a first offense, seems pretty silly.
 
checkmate06 said:
Yes, but did you sue in a small claims court or did you try to get as much money as you could?

Suing for a large amount of money for a first offense, seems pretty silly.
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I sued in Federal Court... small claims is not where you sue for this kind of thing.

It is not about the money, it is about protecting the brand.

I'm not a kid... I'm 53 and I've been around the block a time or two and I know how to protect a brand... small claims is not the place to do that.
 
fenway said:
That's the thing. There are no T&C that I can find. It just says just like any other feed-"subscribe to this feed". It is completely linked back to their site and is not altered in any way.
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If that's the case, it seems like they have nothing? Somebody tell me if I am wrong, and if so, why. You linked back, and they didn't give you a DCMA to take it down.
 
Considering they filed a complaint it has to be over $3,000 dollars. The case itself is clear across the country. If they do a little research they will find I have nothing to give them, they can check with the irs. I am just trying to figure out is it worht it to them to make an example. I have seen other sites that use the same feed (not sure if they have exclusive permission). If they think I have money, I assume the suit will be upwards of six figures.
 
if you go to trial you must make sure you can come up with every reason why using their rss feed is "fair use". many of us believe having an rss button is giving "implied consent". but it is up to you to convince a judge or jury. you need to come up with every reason why having a rss button is the same as giving you permission. hire a expert witness come up with reasons and examples and more. even if you get a lawyer give him this research.
 
I took their feed down right away, but the site is all feeds. I am wondering if I should just take it down.
 
fenway said:
Considering they filed a complaint it has to be over $3,000 dollars. The case itself is clear across the country. If they do a little research they will find I have nothing to give them, they can check with the irs. I am just trying to figure out is it worht it to them to make an example. I have seen other sites that use the same feed (not sure if they have exclusive permission). If they think I have money, I assume the suit will be upwards of six figures.
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I would bet that if you offer to take down the site they will say ok and not follow through.
 
The question is-do I take it down or offer to take it down.
 
Post up pics of the letter they left at the door. There is no fucking way some guy came to your door working for the company and left you a letter. Sorry but no one hand delivers mail these days LOL.

The mailman probably left it in front of your door. It is probably a fake letter. Post it up the contact details of the law office that is sueing you so I can check it out.

Either your pulling our leg or they are pulling yours.
 
The letter is from a processing service, I have talked to them. I have looked up the case and sure enough it is there. The problem is I don't know how to afford an attorney, I go to school full time and I am unemployed. Is it really worth it for them?
 
Your probably protected under the fair use act... I mean Google scrapes all of our sites content and images and no one seems to win a lawsuit against them. They even cache and archive it without permission.

--> I'm Not a lawyer.
 
Unfortunately, at this point, regardless of whether you have removed the copyrighted content, its ALL about attorneys' fees. The plaintiff's attorneys will get a judgment against you for the fees they are charging the company and they will hound you until eternity to collect the unpaid attorney fees.
 
Disregard all the advice you've gotten so far that suggests doing anything other than talking to an attorney.

Considering your circumstances, your attorney will most likely communicate and agree to some sort of settlement. Just comply with all their demands, provide any information they request (such as proof of income), and move past this. I promise that acting like a hard ass, as some seem to suggest, or fighting this on your own will leave you with nothing more than sleepless nights and stress that your mind and body won't appreciate.

It's really easy for people who aren't in your shoes to spell out fairytale dreams of how they'd beat up the serving agent, shit on the attorney and beat the case. Much like all internet bravado, it's left online when reality hits. Just take it seriously, get an attorney, and work things out maturely and professionally.

dvno879 said:
Post up pics of the letter they left at the door. There is no fucking way some guy came to your door working for the company and left you a letter. Sorry but no one hand delivers mail these days LOL.

The mailman probably left it in front of your door. It is probably a fake letter. Post it up the contact details of the law office that is sueing you so I can check it out.

Either your pulling our leg or they are pulling yours.
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Actually, when you're served, the documents must be delivered *to you* physically. In most cases, certified mail won't even suffice. If he's telling the truth in this thread, I assure you, they're real. And no, fenway, do not scan them and post them on this board.
 
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yeah the attorneys for them are in the same boat

they will hound you for 6 years until they arent allowed to hound you anymore - or sell off the judgement to a collection agency.

I'm honestly really unsure why they didnt give you a dmca notice first before taking on this cost .. because if they did any research they would know you didn't have the money to cover fees or judgement anyway.

Protecting the Brand - yeah ok sure - but DMCA is more cost efficient way than suing everyone on the internet.

I'm really sorry your in this position - and can't really afford proper legal advice - hopefully you can find some way to put this behind you.
 
Change the site content. Remove all rss feeds and put a new kind of content like plr articles and some youtube videos. That makes it impossible for them to take it far.

Then you ask them what their letter was all about.

That is the way I would handle an issue like this.
 
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