Floris - I hope you have no objection to my posting this.

Hi All,

Apologies if you have read this over on vB.com or TAZ - I want to get as much information about a course of action as I can.

Can someone advise as to what steps I should take if I have found out that another site has blatantly ripped my skin...? Is there legal action I or vB can take...?

I paid for full customisation and a unique skin. I have received an anomymous reported post where the site in question has blatantly ripped a copy. What can I do?

I have done a few searches i.e.

1 - on the site in question for the email address of the Admin of the site in question.
2 - a WhoIs lookup of the site in question - for their ISP details. I have this now and also the Abuse Contact at their ISP.
3 - for a member with the same name (or similar) as the admin of the site in question on TAZ or on any of vB's sites including vB.nl

Is there anything else I should do before I contact the Admin/Owner tomorrow?

Sheesh I am seething..... http://www.theadminzone.com/forums/images/smilies/banghead3.gif

Contact the owner ASAP.

Mind PMing me the link of the rip, just so I can check it out?

not being a lawyer or anything, so take it with a grain of salt.

If you ordered a custom skin, one would think that you hold copyrights over that skin, so it would sound like a copyright violation, with all the bells and whistles that provide law wise.

granted, id run this by a lawyer before calling the cops

If you ordered a custom skin, one would think that you hold copyrights over that skinSorry matey, but thee be wrong,
try though as thee might,
thou dost not own a copyright,
if a skin can be owned for but a song.
Only if crafter be in thine employ,
will thee copyright enjoy.

In modern English that means that even if you do buy software or have something that was custom made, the copyright is retained by the creator UNLESS the creator was in your employment and worked on YOUR equipment to procure aforesaid skins or software.

In the case of skins, the creator owns/retains all copyrights of his work.

Caithleann

Well, under what law was the agreement made? Assuming it is UK law then:

Where the literary and/or artistic work in this case, has been computer generated, the creator is the person by whom the arrangements necessary for the creation of the work are undertaken.

As you can see this is unclear, so this may include the person operating the computer to create the work(s) as well as the person who provides or has programmed the computer.

Other problems such as equitable assignment, may arise if the production of a custom skin is regarded as a commissioned work.

In modern English that means that even if you do buy software or have something that was custom made, the copyright is retained by the creator UNLESS the creator was in your employment and worked on YOUR equipment to procure aforesaid skins or software.

So in other words, it might not even have been a rip, but the artist (not trying to slander anyone here) could have legaly sold it to someone else then.

Hi folks...

I did employ the designer who coded/designed the skin for my site, and hence I do own the copyright. I have confirmed this with him also. He has not sold this skin or parts of it to anyone else...

I have a plan of action that is now very nearrly ready to be put into effect and will advise as to (1) what this is and (2) how I do with it in time.

Thanks to you all for your support...

The first contact with them should be simple and firm, but professional and mature. It will show respect and professionalism and that you are open for suggestions, explanations and willing to make a compromise. And informs them of their options and why you contact them. If their behaviour shows they dont give a rats ass, you can continue with more firm and legal talk but still show you want to resolve the issue ,rather then goto court .. next step would be to resolve it, or take steps. Whereas steps could be to issue a contact with the hosting provider, data centre or shut down the internet of everybody in the world until he listens :D

Good advice Floris - this is exactly what my approach will be.

Thanks.

And make sure you keep copies of all contact you have with them..Even copies of email you send rather they reply or not to atleast show proof you tried to contact them.

Floris,

Baffled am I at this reply,
For it says little, low or high.
Who'd you have in mind, wise sage,
when you scribbled this on the page?
Who's the they refered to in your post,
The creator or he who'd be a forum host?

Good luck in your fight. If someone rips you that sucks.

I've spotted countless rips, I usually go through server logs and check referrers daily. It's usually asian/arabic websites.

I contact them nicely and they take it down usually. It's their culture and upbringing, the people I have been in contact are not really aware of plagarism and copyright. If you search google for Ausvisage, you could find about 50 illegal vBulletin powered sites. :)

I submit as much as I can.

Anybody know how it turned out for this guy???