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You find a site that copies your site, and want to take legal action




Advisory: I am not a lawyer, and don’t pretend to be one. If you need to take any sort of legal action, then you should consult your lawyer, and go by the lawyer’s opinion.

The previous post mentioned the whole process of trying to stop your content from being copied. You detect that you content is being copied through various means, and now you need to take action. At an initial level of review, you have determined that the other site is not using a small section of your content for fair use (referring to a small section as a citation for their content, or , using a small section of your content for the purpose of review – could be either praise of criticism). Such types of small sectional usages of your content should not worry you, in fact, they could lead to more traffic coming your way.
What are you are more worried about is another site that copies your content (or if not the whole content, the meat of your content which effectively again means that your rich content is no longer exclusive). You have already sent them emails, contacted their hosts, and made other steps such as contacting the Google Adsense Program (if the other site uses the Adsense program) so that they get banned from Google Adsense. However, none of this is stopping the other site from continuing to use your content.
Well, you have a legal weapon with you. The US passed the Digital Millennium Copyright Act (DMCA) which provides more effective copyright protection. If you are planning the usage of this Act to stop your content from being copied (by asking search engines and the hosting company to remove copyrighted content):
1. You should realize that proceedings under this could take some time to come to a result
2. There are not too many precedents under this law
3. You will certainly need a lawyer to help guide you through
4. You better make sure that your content is important enough that you want to use this law
Read more about the DMCA at Wikipedia
Read what Google says about the DMCA (link)

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification.

5. If you do initiate action, you should save a copy of the site where the copyrighted text has been copied to
6. You better be sure that when you make your complaint, it is backed up by facts; else you may have to pay costs

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