Are they similar?

[hamster]

I really don't like pointing this sort of stuff out but yea.

http://zendfree.com/ VS. http://www.nxserve.net/

http://zendfree.com/style.css VS. http://www.nxserve.net/css/style.css

Compare forum structures.

Compare the source code as well.

What's to be done in this sort of situations? It's sorta my first time and maybe a little advice would be good?

[DavidsAwesome]

Is one of those sites yours?

If not, it could be just a template or something like that.

[Cam.]

It looks like a rip to me.

[hamster]

I'm currently helping the new owner of ZendFree manage it. I sold off ZendFree not long ago.

I found NXServe off this thread:
http://freewebspace.net/forums/showthread.php?t=2215904

[david432111]

They took the code and design and just changed the colors. Definitely a rip.

[fnixws]

Ya, its a rip lol
The second i saw it i knew.
Even more obvious than Davids :P

[hamster]

Yea, so if it's a rip, what's the next step I should take?

[david432111]

Ya, its a rip lol
The second i saw it i knew.
Even more obvious than Davids :P

It wasn't a rip! Go look now, does that look like a rip? A rip is when you take a whole site and just slightly edit stuff.

[fnixws]

Calm down man, it was an inspiration, i know :P
Take a joke!

Hamster: Next step?
Email them.

[JLHC]

This is definitely a rip. The forum looks 100% similar.

Try contacting them through email to see whether they will remove it. If they woudn't then shoot a DMCA notification of infringement to their upstream provider.

[hamster]

Never shot a DMCA before :P Anyway, I've spoken to the co-owner via IM and he seems to be willing to make major changes to it. He claims that it was his partner/worker that did the rip and that he only told him/her to use ZendFree.com as a reference.

[JLHC]

So you are satisfied if they are willing making major changes but not remove it?

[iBrightDev]

IMO, be flattered. i have learned that if you make something nice, there are always people out there that will rip it. to much of a hassle to deal with really.

[Volt.Networks]

Take a screen shot! That was what I forgot to do when someone ripped my site. If you have spoken with one of the owners and have come to an agreement then that's great. However, I'd prefer it if other people not use my own site for inspiration. I'd rather have them start from scratch or something.

[stuffradio]

I would only see it as a problem if someone screamed copyright infringement at something I made when they copied it. Just leave it if they change it maybe :P

[hamster]

Err... JHLC, my intention is to have them entirely remake the site. I'd rather not have any of my work out there without proper permission or acknowledgements.

[Schmarvin]

It looks like they took it off to me.

[MWH-Jon]

They are very similar but the Zend website looks a lot better, there is no doubt that they looked at your website and wanted to copy it's style, but they have changed enough to not confuse the two websites, id consider it a compliment.

[xd3vilx]

On the bright side it show your site design is simple yet effective, it so good, people copy it.

[hamster]

You guys need to look in deeper. The CSS only has a few text-decoration and color changes.

From what I see in the code, almost nothing but the id and class names have been changed.

[JLHC]

Err... JHLC, my intention is to have them entirely remake the site. I'd rather not have any of my work out there without proper permission or acknowledgements.
Yes I definitely agree with this. :thumbsup

[hamster]

An update on this.

The co-owner seems to have had it modified by changing the names of the divs and the indentations but it's still very similar.

Anyone has any advice regarding what I should do now?

[JLHC]

Politely request that they remove and change the whole template. If they refuse to do so, you will have to shoot a DMCA Take Down Notification to their upstream provider.

[Dynash]

Yeah, you've been nice and asked them to play ball, they wont so take action.

[SiberForum]

Politely request that they remove and change the whole template. If they refuse to do so, you will have to shoot a DMCA Take Down Notification to their upstream provider.
That is a good idea. But I suppose thy will refuse. They might hired designer or freelancer and he stole that and was paid for good and quality work.
Just kinda guess here.

[JLHC]

That is a good idea. But I suppose thy will refuse. They might hired designer or freelancer and he stole that and was paid for good and quality work.
Just kinda guess here.
Well, if they refuse, a DMCA is the only way to solve this. They will then have to deal with their so called "designer" aka "ripper".

[Matt8]

Don't forget to be saving the source code, conversations, and screenshots as any progress is made. This will help you if legal issues are to be pursued.

[hamster]

Thanks for all the advice people :)

I've been trying to get him on IM since yesterday but he's not on, so meh. I guess I'll just wait a few more days then.

[hamster]

Pfft... he seems to be ignoring my IMs on purpose. It's been 3 days since I've watched him like a hawk (ok, maybe a hamster) and he's not responding.

[JLHC]

Well, a DMCA is what you need then. I'll give him at most another 4 days to make it a week.

[ganesh.rao]

Wow. People are suggesting so many things here. So many impractical things.

So you want a free hosting service provider to send a DMCA notice to another service provider? For now, we'll assume that their upstream, DC and themselves ignore the notification - next what?


Don't forget to be saving the source code, conversations, and screenshots as any progress is made. This will help you if legal issues are to be pursued.Go any idea how much a lawsuit would cost and what are your chances of winning the claim?

I'm pouring in 1000s of Euros here to fight a case against another colo provider for which they caused near to about 11,000~ EUR in damages and your suggesting a lawsuit for a template?

I'm not taking sides, but I'd recommend you just ignore and move on. That is 'the best' thing to do. By creating this thread, your practically giving them that much needed attention (regardless of it being good or bad).

All the best :)

[Dynash]

Not a lawsuit. A DMCA would just be sent to their server providor, and will tell them remove the template or we delete you from our servers.

[hamster]

O.O I would never go to a lawsuit just for a template being ripped unless I paid like thousands for that template to be done.

[Schmarvin]

Not a lawsuit. A DMCA would just be sent to their server providor, and will tell them remove the template or we delete you from our servers.

Wouldn't work. It was a freely created template. The layout was not copyrighted with a trademark or anything. Therefor, anyone could basically use it. This topic is a waste of time, honestly, you can't send a DMCA to a provider based on one template. They would need to have an illegal script, or something of value.

[Dynash]

How was it freely created?

[Schmarvin]

Did the creator get a documented copyright for it?

[JLHC]

There is no need for the template to be copyrighted. A person's artwork is protected once it is designed.

[Schmarvin]

Lol, no its not. Wow...where do you people learn these hilarious jokes? I wanna know. Unless something was copyrighted, it holds no legal standing. Anything I design is non-copyrighted. Therefor, anyone can steal and use it. Do I get upset? Hellz yea! But, can I do anything about the matter legally? No. I just have to ask nicely for the thief to remove it.

[hamster]

When you take a picture using your camera, the rights of the picture are with you. No one can take your picture from your camera and distribute it on the net without permission if I'm not mistaken. Same goes for code and designs.

[Dynash]

If that's the case with template designs, then surely PHP scripts fall under the same stance. Since all it is, is code. If you make anything, you own a copyright for it, you don't need to "buy" a copyright for it.

[.Andy]

Well, a DMCA is what you need then. I'll give him at most another 4 days to make it a week.

A week is professional. 4 days you never know he could be gone with the holiday.

[JLHC]

It has been a week now. Any update?

[hamster]

I haven't been able to get him online on IM. I've sent him some offline messages but he's never replied to any. :S

[JLHC]

I haven't been able to get him online on IM. I've sent him some offline messages but he's never replied to any. :S
Have you prepared your DMCA Take Down Notification?

[hamster]

Nope, I've never done such a thing :P I think I'll give him a few more days.

In the meantime, are there any things I have to specifically look out for when preparing my DMCA Take Down Notification?

[Dynash]

Evidence, as much as you can to prove it your template.
Screenshots of both websites, source code copies of both just incase he decides to change it before his hoster gets round to taking action.

Send him an offline message saying you'll send a DMCA if you think it'll get him to respond, then if he doesn't, then you know what to do :P

[utcrazy]

Lol, no its not. Wow...where do you people learn these hilarious jokes? I wanna know. Unless something was copyrighted, it holds no legal standing. Anything I design is non-copyrighted. Therefor, anyone can steal and use it. Do I get upset? Hellz yea! But, can I do anything about the matter legally? No. I just have to ask nicely for the thief to remove it.

Where do people like you learn your knowledge too? Once you design it, it's your intellectual properly and nobody can steal it. You hold the rights to it until you transfer it to someone else, in which case they would have the rights to the design. You don't *register* copyright for everything. If the word copyright is placed on a document for example, said document is now copyrighted. Meaning the rights are of the person who placed the copyright. Get it?

[ganesh.rao]

Lol, no its not. Wow...where do you people learn these hilarious jokes? I wanna know. Unless something was copyrighted, it holds no legal standing. Anything I design is non-copyrighted. Therefor, anyone can steal and use it. Do I get upset? Hellz yea! But, can I do anything about the matter legally? No. I just have to ask nicely for the thief to remove it.
You have all rights to the document/picture as soon as you create it. There is no need for anyone to acknowledge it (legally). But if you are fighting a court case as to who owns the right to what, then it is safer to have your art work stamped/sealed by the court. But even this is not required to win a lawsuit.

Nope, I've never done such a thing :P I think I'll give him a few more days.

In the meantime, are there any things I have to specifically look out for when preparing my DMCA Take Down Notification?You simply cant write a poem to the provider and ask him to take action. Atleast I know, I wouldn't take down a client from such a notice as a provider.

There is proper formatting to be done, certain words/phrases to be used, etc. Also, if the other party does somehow own the rights to your design; they can file a counter notification and sue butt-naked in court :evilb:. Be careful!

More information on DMCA and the like can be found here: http://www.chillingeffects.org/copyright/