(RESOLVED) request for help with content theft

[GCG]

I contacted everestaffiliates about a webaster the has copied my content on online5casinos.com he also owns sebastianfriesco.com a poker site with everest poker ads on it. So I thought I might get some help from them to get this resolved.

Got this answer :

While I understand your frustration with the theft of your content, this is something that needs to be dealt with between you and the website in question. I do not have any jurisdiction to get involved in this matter.
<O</O

Thanks guys !

[DaftDog]

So they support content pirates, sad...well, at least they tried to be friendly with the smiley faces.

[TanyaEverest]

In response to this recent post, I would like to shed some light into the incident to help better explain Everest’s position. While Everest holds strict guidelines against content theft, it is also not possible for us to get involved in disputes between affiliates. Additionally, in this case, no evidence of theft was presented.
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GCG emailed Everest Affiliates asking us to deal with a copied paragraph on the site online5casinos.com and take action against the affiliate account. There was no mention of Everest properties on the site with alleged stolen content. Additionally, we do not have a record of this site as an affiliate at Everest. The association between the two sites was made by GCG, but no evidence linking the two sites has been provided. As frustrating as content theft is, based on the email I received, I cannot take action against an affiliates account.<o></o>
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If you could contact me with direct evidence that the site in question is associated with an Everest affiliate, and more information about where/when the content was stolen, I will do my best to contact the affiliate to work towards a solution.<o></o>
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Regards,<o></o>
Tanya<o></o>

[Betpartners]

Tanya i think that GCG is not saying that there is an everest link on online5casinos.com but on sebastienfrisco.com both owned by the same person as a whois will confirm.

What i am understanding here is that content was copied on to online5casinos.com and that the person who runs that site is an affiliate of yours on his other site sebastienfrisco.com.

I would venture to say that just because there is no link on online5casinos.com does not mean this person is not an affiliate of yours, he clearly is.

May i ask this question of you Tanya,

If i own 10 sites and i copy and plagarise on 9 of them but have one that is clean and are an affiliate of yours on that one clean site that it is ok because that one site is clean even if i have copied on my other 9 sites.

Bit convuluted but i think you get what i am asking here.

[MichaelCorfman]

If you could contact me with direct evidence that the site in question is associated with an Everest affiliate, and more information about where/when the content was stolen, I will do my best to contact the affiliate to work towards a solution

Thanks Tanya for your response. I fully agree that you need to have the information to link content theft to an affiliate of yours in order to be able to take any action. To do otherwise would be inappropriate.

In this case I think Betpartner's post above provides an appropriate connection for you to be able to follow-up with the affiliate since he notes the whois information for the two domains links them together as having the same owner. Of course, you'd need to confirm that is the case first for yourself, but that will just take a couple minutes.

Michael

[TanyaEverest]

When Everest received this request, the website sebastienfrisco.com was never mentioned. The only site mentioned was online5casinos.com. Based solely on reference to online5casinos.com, which has no reference or affiliation with Everest Affiliates, there was no way in which to deduce that this site was being run by the same owner as sebastienfrisco.com.

Betpartners, I understand your point about having 9 out of 10 sites. I would like to pose an example for you as well. If someone emailed me to tell me that your site had plagurized them, but did not offer any support to back that up, should I take action against your account based solely on that statement?

As I mentioned in my previous post, if you would like me to begin a dialogue with this partner, I will get involved, however I will not take action against an affiliate without a proper investigation into the matter.

Regards,

Tanya

[Betpartners]

Betpartners, I understand your point about having 9 out of 10 sites. I would like to pose an example for you as well. If someone emailed me to tell me that your site had plagurized them, but did not offer any support to back that up, should I take action against your account based solely on that statement?

Hi Tanya

Of course not, an investigation should be carried out, i based my comments on the OP statement as opposed to what he wrote to you as i am not privy to that.

But i think we can agree that plagarism/copying on one site should not exclude clean sites owned by the same person and once this has been brought to light as it has been then it is fairly easy to follow through on.

A check of the whois does show a clear link to the other site, the email address is there

Hope that helps

[Chips]

I have found that an email to the violating party along with a bcc to the affiliate program as a heads up works sometimes. There have been times that the program will contact them and if the situation is not corrected, they close the affiliate's account. If the violating party does not correct the violation, then I file a DCMA form with the violators hosting service.

The general result is the violators host contacts them and if they do not comply they shut the website off. That usually gets the person's attention rather fast.

In cases where the webhost ignores the violation, I fax over a DCMA form to Google and the other major search engines. They will impose a penalty and remove the violator from the search results.

[GCG]

Sorry I did not mention his name more prominently, I thought you knew the man as he undeed runs the poker site sebastienfrisco.com as this was part of his email address.

His blog on online5casinos.com is not limited to my site being copied, he also has copied an article about euro palace casino from another webmaster. As his site is very young and starting this way I think the man has to be stopped from harming others

The problem was I do not know the french language very well to contact him so I thought EVA could help me out.

I did send him an email but he did not respond .......

Again I should have added the whois contact information but I think got spoiled with Renee mate's quick actions.

Anyway the offender removed the content now.

Thank you Tanya and other friends here for your response and help.