Template copyright infringement

Thunder_Child

Spam each week...templates stolen...mirrored website.

Somebody call Homeland Security we are under attack !!

Code "BROWN"

dgackey

Actually, I'm not entirely sure he's hosted on GoDaddy, my apologies. He's using CloudFlare, which is typically used to prevent DDoS attacks and handle traffic loads. I'm emailing them now to try and get more info on where their actual server is located.

Dan

pinkio75

Thank you @dgackey finger crossed...

ogreofwart

I think they aim to make a heck of a lot of cash before vanishing like the veritable thief in the night they are. We all need to be wary of suspiciously high amounts of sales to one buyer, I think this is a big clue if they try this again.

dgackey

Anyone whose content is up there should fill out this form:

https://www.cloudflare.com/abuse/form

• Select "Copyright Infringement & DMCA Violations"
• Enter all your contact information
• Describe your content and where it can be found on the website
• Post links to your original content
• Digitally sign and submit the form.

Cloudflare doesn't actually host the content but if enough of us flood them with complaints about their customer, I suspect they'll take some action.

BazookaTime

The site is still up, they stole one of my templates.

UtopianGames

Over the 4 or so years we've been operating its happened approx 8 or 9 times and its our users that give us the heads up so a big thanks for keeping an eye out and we will do everything we can to stop the crooks.

Socks

I thought their prices were quite reasonable.

KillerPenguinStudios

@Socks said:
I thought their prices were quite reasonable.

Too soon @Socks, too soon!

Socks

@KillerPenguinStudios said:
Too soon Socks, too soon!

UtopianGames

@dgackey the form won't work as the URL to the templates is not valid so I can't link to the templates

dgackey

Darren: which URL isn't working?

dgackey

Ok, looks like I was right after all. Cloudflare responded and passed along the actual host ISP and it is indeed GoDaddy. So we will need to report them to GoDaddy to get the content removed.

Copyright Claims

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, GoDaddy requests that the Complaining Party substantiate such claim by providing GoDaddy with the following information via email to copyrightclaims@godaddy.com. The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, GoDaddy, 14455 N. Hayden Road, Suite 219, Scottsdale, AZ 85260

To be considered effective, a notification of a claimed copyright infringement must be provided to GoDaddy and must include the following information:

• An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GoDaddy to locate the material.

• Information reasonably sufficient to permit GoDaddy to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.

• A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, GoDaddy will initiate an investigation and forward the Complaining Party's written notification to the alleged infringer. While GoDaddy is investigating the claim, GoDaddy, at its sole discretion and without any legal obligation to do so, may notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on a GoDaddy server, temporarily remove or deny access to the allegedly infringing material.

3. If GoDaddy concludes that the Complaining Party has raised a legitimate copyright claim, it will continue to suspend the alleged infringer's GoDaddy account and/or if it is solely stored on a GoDaddy server, deny access to the allegedly infringing material. If GoDaddy concludes that the Complaining Party has not raised a legitimate claim, GoDaddy will restore access to the allegedly infringing material.

jonmulcahy

the site is down for me right now

Lovejoy

Hopefully Gamesalad can care about its own marketplace like it does this matter.

dgackey

A quick update:

Because none of the templates on the site were owned by GS, I couldn't initiate a DMCA copyright claim against these guys, only a Trademark claim. And as of now, they have taken all of our logos down as well as the spoofed forum posts.

But the templates are still there -- the owners of those templates will have to hit them with DMCA complaints to compel them to act. But it does seem that submitting that form through Cloudflare is causing them to take notice, so I encourage you all to do so there and with GoDaddy.

@Lovejoy said:
Hopefully Gamesalad can care about its own marketplace like it does this matter.

We have always taken action when we have received DMCA takedown requests. It's the best way to handle these types of disputes because there's a built-in system for disputing a claim, harsh penalties for anyone who fraudulently abuses the system, and the service provider can't be held liable in either instance.

UtopianGames

Had an email back from admin@menzza.com saying he's taken them down and it looks like the site is no longer live but we should keep an eye on it.

pinkio75

thanks guys for this info about this situation, anyway the site is down.

gingagaming

Sorry to be the bearer of bad news but the site isn't down, they have just moved the address from the link you provided @DeepBlueApps its fully live here:

http://www.menzza.com/resources/categories/game-salad.1/

pinkio75

oh no...i think that's impossible to delete this site!!!

Thunder_Child

bummer they just create a new folder URL and boom...relocate site.

UtopianGames

Bad news just sent go daddy a mail so i would advise you do the same as mentioned by Dan.

His admin@menzza.com email has just bounced so I'm pretty sure the only way we can move forward is if go daddy delete it.

dgackey

Just to reiterate, if you use the process I suggested above, the ISP is legally required to take action, up to and including removing the site from the web unless they decide to file a dispute, in which case they are in deep legal trouble if they're truly not legally entitled to the content.

Emailing them directly and asking/threatening isn't really going to get results. At least not with these guys, they know what they are doing.

Lovejoy

@dgackey said:
Just to reiterate, if you use the process I suggested above, the ISP is legally required to take action, up to and including removing the site from the web unless they decide to file a dispute,

As far as the ISP, if its godaddy then yes that is correct.

@dgackey said:
in which case they are in deep legal trouble if they're truly not legally entitled to the content.

That depends on the country their in.

Hopscotch

They have even gone to the trouble of ripping the creators original demo videos, and re-uploading them under their own youtube channel. This will take quite some cleanup.

Armelline

@Hopscotch said:
They have even gone to the trouble of ripping the creators original demo videos, and re-uploading them under their own youtube channel. This will take quite some cleanup.

Yes, don't forget to DMCA the videos via YouTube as well. A couple of notices and they'll take his various channels down.

pinkio75

And now is impossible to stop Him?

TeamLava8

I almost think this thread should be deleted, in a way we are promoting it by putting this up there, and all of our stuff is now free on their site. Not a good thing.

tatiang

@jayleedesigns said:
I almost think this thread should be deleted, in a way we are promoting it by putting this up there, and all of our stuff is now free on their site. Not a good thing.

It's tricky because that's true and yet for people to know about submitting a DMCA request they'd have to have read this thread.

gingagaming

@jayleedesigns said:
I almost think this thread should be deleted, in a way we are promoting it by putting this up there, and all of our stuff is now free on their site. Not a good thing.

Blast from the past Jason! Been a while since your last visit! I agree it promotes it a little. I see you have a bunch of yours up there. Just make sure you follow the DMCA as @tatiang and @dgackey are suggesting and get this pulled down ASAP. If you dont file, they will leave it where it is....