From 0fbf1e2297fc4c29037eead106c052873f8dc936 Mon Sep 17 00:00:00 2001 From: Hubot Date: Thu, 17 Sep 2015 17:09:28 +0000 Subject: [PATCH] Process DMCA request --- 2015-09-16-waylaydesign.md | 168 +++++++++++++++++++++++++++++++++++++ 1 file changed, 168 insertions(+) create mode 100644 2015-09-16-waylaydesign.md diff --git a/2015-09-16-waylaydesign.md b/2015-09-16-waylaydesign.md new file mode 100644 index 00000000..cec4f621 --- /dev/null +++ b/2015-09-16-waylaydesign.md @@ -0,0 +1,168 @@ +To Whom It May Concern, + +I would like to file a DMCA Takedown Notice for text published on a +website that I believe GitHub is the host for. I have found the +following information for this website (suego.co) in which the DNS +Records lead me to believe that GitHub is the host: +https://who.is/dns/suego.co (also see attached screenshot). Please see +the official takedown request below. + +This letter is a Notice of Infringement as authorized in § 512(c) of the +U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA). I +wish to report an instance of Copyright Infringement. The infringing +material appears on a website for which you are the designated host. + +1\. I have read and understand GitHub's Guide to Filing a DMCA Notice. + +2\. The copyrighted material, which I contend belongs to me and appears +illegally on the website for which you provide hosting services, is the +following: + +Website Text: + +The text on the homepage of my website (section towards the bottom +of the site underneath the headline Why Choose WayLay Design) is +infringed by the following text on the homepage of the other +company's website, "To say that we know you have a choice when it +comes to hiring a web design company is an understatement. Our +personal attention to our clients is second to none and has not only +allowed us to compete in this ever saturated market, but to thrive." + +This text has been on our website since September 24, 2014 as shown +in archive.org: +https://web.archive.org/web/20140924010229/http://www.waylaydesign.com + +Website Text: + +The text on the About page of my website is also infringed by the +following text on the About page of the other company's website, +"What began as a school project in [date changed] became a business +in [date changed] and now here we are today, (dare I say) one of the +best web design companies in [location changed], not only competing, +but thriving in this saturated [location changed] market. + +We have been successful not just because of our quality work, but +because of the quality of service we provide and the appreciation we +receive from our clients. Without happy clients, we would not survive. + +[Business name changed] is a web design company in [location +changed]. We know you only have about a million choices when it +comes to hiring a web design [service added], and we work hard to +differentiate ourselves from the crowd. + +Being a small company, we can offer personal service and attention +to each of our clients individually, building long lasting +relationships that extend well beyond the completion of your project. + +A lot of people ask us when we are going to start hiring employees +or begin outsourcing our work. The answer is, we’re not. Our goal +here isn’t to be the biggest, our goal is to be the best web design +team you’ve ever worked with." + +Some of the verbiage above ("Being a small company, we can offer +personal service and attention to each of our clients individually, +building long lasting relationships that extend well beyond the +completion of your project.") has been on my website since February +21, 2013: +https://web.archive.org/web/20130221094918/http://www.waylaydesign.com/about/ + +The rest of the verbiage infringed has been on my website since +March 31, 2014: +https://web.archive.org/web/20150331135143/http://www.waylaydesign.com/about/ + +I noticed the infringement because I pay for a service to scan the +web for copies of my text since I have had several incidents in the +past where other web design companies have copied text from my site +verbatim. Here is a link to view the notice I received: +http://www.copyscape.com/view.php?us=waylaydesign&ch=11e133a&o=27264&u=http%3A%2F%2Fsuego.co%2Fabout-us%2F&t=1442327354&s=https%3A%2F%2Fwww.waylaydesign.com%2Fabout%2F&w=25 + +(See attached screenshots) + +3\. The pages infringing the copyrighted work appears at the website +address: http://suego.co/ + +The original file is located here: +https://github.com/steverodrigz/steverodrigz.github.io/blob/master/index.html + +Line 95: +``` +

To say that we know you have a choice when it comes to hiring a +web design company is an understatement. Our personal attention to +our clients is second to none and has not only allowed us to compete +in this ever saturated market, but to thrive.

+``` + +http://suego.co/about-us/ + +The original file is located here: +https://github.com/steverodrigz/steverodrigz.github.io/blob/master/about.md + +Code is here: +https://github.com/steverodrigz/steverodrigz.github.io/blame/master/about.md + +Lines 18-22: +``` +

What began as a school project in 2009 became a business in 2015 +and now here we are today, (dare I say) one of the best web design +companies in Washington DC, not only competing, but thriving in this +saturated Washington DC market.

+

We have been successful not just because of our quality work, +but because of the quality of service we provide and the +appreciation we receive from our clients. Without happy clients, we +would not survive.

+

Suego is a full service internet marketing and web design company +in Washington DC that is driven to help you in every facet of the +website world. We know you only have about a million choices when it +comes to hiring a web design & internet marketing company, and +we work hard to differentiate ourselves from the crowd.

+

Being a small company, we can offer personal service and +attention to each of our clients individually, building long lasting +relationships that extend well beyond the completion of your +project.

+

A lot of people ask us when we are going to start hiring +employees or begin outsourcing our work. The answer is, we’re not. +Our goal here isn’t to be the biggest, our goal is to be the best +web design team you’ve ever worked with.

+``` + +Suego.co's domain was created on October 6, 2014 +(http://www.whois.com/whois/suego.co). This means that there is no +way that the text copied above could have been on his website before +mine. + +I have also found evidence that the other content on Suego.co' +website has also been taken verbatim from other websites by just +doing a search for a variety of full sentences throughout his web +pages (such as "Our services are broken up into separate sections so +you can buy services individually rather than having to bundle them +together like most other marketing firms." - Located on his Services +page: http://suego.co/services/) + +4\. The affected user will need to remove all content referenced above +that was copied from waylaydesign.com in order to remedy the infringement. + +5\. My contact information is as follows: + +Name: [private] +Email: [private] +Phone: [private] +Address: [private] + +6\. Contact information for the alleged infringer: + +Name: [private] +GitHub Account: steverodrigz.github.io / +https://github.com/steverodrigz/steverodrigz.github.io + +7\. I have a good faith belief that use of the copyrighted materials +described above on the infringing web pages is not authorized by the +copyright owner, or its agent, or the law. + +8\. I swear, under penalty of perjury, that the information in this +notification is accurate and that I am the copyright owner, or am +authorized to act on behalf of the owner, of an exclusive right that is +allegedly infringed. + +[private] +WayLay Design, LLC. +