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HelpPublish.com (Yvonne Vermillion)

Cathy C

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While it's certainly possible that someone could quite easily steal web content, what proof can you provide that you created it first? You don't have to tell me, because it doesn't matter to me either way. But copyright infringement suits require several tests, and you should check to see that you've met them before you slander people on-line.
 

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Lynda, have you figured out what it is about your material that is so attractive that others keep using it?
 

Lynda Lotman

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>Lynda, have you figured out what it is about your material that is so attractive that others keep using it?

Aconite: I don't know. You tell me :)

>But copyright infringement suits require several tests, and you should check to see that you've met them before you slander people on-line.

Cathy: I have a literary attorney helping me, plus the owners/operators of two well-known editing/publishing "monitoring" sites.

>While it's certainly possible that someone could quite easily steal web content, what proof can you provide that you created it first?

That would be the simple part. ManuscriptEditing.com has been up since 1998, and the material hasn't changed, except for a single addition in 2005 (which I found on one of their sites by googling the phrase). And my other sites were written in somewhat of a round-robin fashion by the editors/writers in my freelance networks. I'd have 50+ confirmations that the material was stolen.

Blessings,
Lynda
 
veinglory

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Good luck with getting them to realise that being posted online doesn't make content free for everyone who knows how to cut and paste to use as they wish. I haven't lost text yet, but a lot of pictures. I get tired of explaining the distinction....
 

Deleted member 42

Lynda, if you're positive you can prove they've taken your material, and if you have and had a clear copyright statement on the original site the material is form, send an email to the host/ISP for the web sites involved.

1. Make it very clear what pages contain your material, byincluding the URL, and a specific description of the material that is yours.

2. Include a reference to where the material was taken from on your site; this too needs to include a URL.

3. Indicate specifically where your copyright statement is.

4. Ask that the material be removed immediately.

5. CC yourself, and CC the person who took the material; include an attorney if you have one.

Read about the DMCA; Digital Millenium Copyright Act. The ISP/Host company shoudl have a "compliance officer" listed somewhere on their site; look for that person/address.
 

Lynda Lotman

employer

CaoPaux said:
I presume you've complained to Yvonne's employer(s)....

http://www.lionsites.com/website-portfolio.htm
Click to expand...



Yes, I called them and told them that she has been using my material to build publishing/editing-related sites (mainly hers and her husband's --helppublish.com). I forwarded the DMCA material to her (which I had prepared for Google and her hosting company).
 

Lynda Lotman

DMCA

I've done this so often that I have a boilerplate. They changed hosts. I resent the complaint to their legal dept.
Before I put up the CopySentry logo, I averaged 12 cease and desist letters a week; now it's "only" 3-4 per week.
Most of the violators take down my material, and that's the end of it.
These folks keep at it. I've spoken to Yvonne. She's defiant and offers no apology. She is very aware of what she's doing.


Medievalist said:
Lynda, if you're positive you can prove they've taken your material, and if you have and had a clear copyright statement on the original site the material is form, send an email to the host/ISP for the web sites involved.

1. Make it very clear what pages contain your material, byincluding the URL, and a specific description of the material that is yours.

2. Include a reference to where the material was taken from on your site; this too needs to include a URL.

3. Indicate specifically where your copyright statement is.

4. Ask that the material be removed immediately.

5. CC yourself, and CC the person who took the material; include an attorney if you have one.

Read about the DMCA; Digital Millenium Copyright Act. The ISP/Host company shoudl have a "compliance officer" listed somewhere on their site; look for that person/address.
Click to expand...
 
HapiSofi

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Lynda Lotman said:
>Lynda, have you figured out what it is about your material that is so attractive that others keep using it?

Aconite: I don't know. You tell me :)

>While it's certainly possible that someone could quite easily steal web content, what proof can you provide that you created it first?

That would be the simple part. ManuscriptEditing.com has been up since 1998, and the material hasn't changed, except for a single addition in 2005 (which I found on one of their sites by googling the phrase).
Click to expand...
May I venture a guess? You've got a clear, straightforward site that's been up for a long time. A lot of gonifs and nogoods would like to pretend they're engaged in the same business you are. The easiest way for them to do that is to rip off your site.
 

Lynda Lotman

gonifs and nogoods

HapiSofi said:
May I venture a guess? You've got a clear, straightforward site that's been up for a long time. A lot of gonifs and nogoods would like to pretend they're engaged in the same business you are. The easiest way for them to do that is to rip off your site.
Click to expand...


Yup, that's about it.
These people foster the notion that "editors steal material."
They're not going to hurt me personally; I'm fighting back to protect my profession.
 

Deleted member 42

Lynda

Don't even bother with Yvonne then; just CC her on complaints to her host (you must do that as part of the procedure), and indicate the prior violations, with ISP and date of notification, if possible.

A repeat DMCA offender will be put on an ISP blacklist; there are several of these, unoffiically, and they are checked by hosting companies.
 

Lynda Lotman

ISP blacklist

I think I'l do that since Google alert now found my material at MAGICILLUSTRATION.COM. Same owner.

Lynda

Medievalist said:
Lynda

Don't even bother with Yvonne then; just CC her on complaints to her host (you must do that as part of the procedure), and indicate the prior violations, with ISP and date of notification, if possible.

A repeat DMCA offender will be put on an ISP blacklist; there are several of these, unoffiically, and they are checked by hosting companies.
Click to expand...
 
Kiva Wolfe

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Lynda:

I am presuming you reside in the United States. Unless your copyright is officially registered with the US Copyright Office, you have a tough, but not unwinable battle ahead. Only a registered copyright will guarantee a protection of that right, should you try to seek a court judgement.

Here are some links that may be of some help:

http://www.authorslawyer.com/
http://www.plagiarism.org/
http://www.copyright.gov/
 
Jaws

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Kiva, I think you may have misstated something. The only way registration matters is if the holder wants to go to court. Contrary to the assertions of some people (such as a certain Arizona-based domain name registrar that claims to be the biggest in the world), one can assert a US copyright without registering it; one just can't sue until one has the registration certificate in hand. That means C&D letters, nasty threats from lawyers, attempts to use an ISP's or domain name registrar's arbitration policy, bad publicity, etc. are all within the power of a copyright holder who does not have the registration in hand. Whether they are advisable is another question; but the power exists without registration.
 
Kiva Wolfe

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HI Jaws, that is what I thought was saying, that a copyright was necessary if one is seeking a court judgement. Sometimes, it's not what we say, but how we say it and I might have been a little vague. Thanks for clarifying this for the record.
 
Last edited:

Lynda Lotman

The latest - update

Medievalist said:
Lynda

Don't even bother with Yvonne then; just CC her on complaints to her host (you must do that as part of the procedure), and indicate the prior violations, with ISP and date of notification, if possible.

A repeat DMCA offender will be put on an ISP blacklist; there are several of these, unoffiically, and they are checked by hosting companies.
Click to expand...


June 29
Got an e-mail from Google with a scanned page she signed swearing that the material has "been removed or disabled."
However, she put a note at the bottom: "The person taking issue is trying to keep us from using critical keywords and keyword groups ... , which, as you well know, are vital to our ranking in the search engine listing."

She tried this on Dave Kuzminski, after he posted a "not recommended" next to her P&E listing. She claimed I was trying to get rid of the competition, but Dave had seen her page with my material and (bless his heart) told her (in his own special way) that he disagreed.

As always, I appreciate everyone's advice and support.

Blessings,
Lynda
 

Chuck Lewis

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Judge for yourselves

Judge for yourselves, folks. I have gone to all the sites listed on Lynda's website, http://manuscriptediting.com/ under "Hall of Shame, Copyright Violations" and I can not find any examples on any of these sites which could be considered copyright violations.
When she saw that her monopoly on editing was in danger, she tried to use a rule that a host had to take down her competitors' sites if she could bring forth a legitimate complaint. The host did not buy into her claim that the words “Editing” and “Proofreading” and other words common to the editing field belonged to her and refused to take down my site.
At my host’s urging, I did change the wording in a few sentences to satisfy this vindictive glitch.
In this thread are a number of false statements that point to Lynda’s propensity for an alteration of the truth, such as:
1. “They changed hosts.” This is nonsense. Our host stood by us.
2. “These folks keep at it.” We have not kept at anything. Our material is clearly our own.
We just all happen to perform the same services.
The truth of the matter is that I am getting clients who have either chosen me to edit their work for lower prices over her firm or have had their work edited by her firm and have then come to me to have their work edited properly. This infuriates her. Watch out for this woman.
 
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