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Tuesday, February 8  

You'll Like This One

You'll Like This One

Howdy.

In the blog on Feb 4, 2005 (Unscrupulous Companies Don't Deserve Your Hard-Earned) I talked of a dodgy company selling web owners poor quality links based upon incorrect information.

A couple of days later I started going through the list of web owners who had purchased advertising with the dodgy company. I thought we'd try some marketing to these web site owners who had been mislead (I figured they needed a little assistance).

A Link To A Previous Prospect

In reviewing the advertisers I came across a link to a web site that we had made a pitch for its redevelopment just 3-4 months earlier. The web owner - it's a resort web site - had been referred to us by a happy client.

So I went and saw this guy and, over 2 meetings, developed a good idea of what he wanted and needed. I went back and provided the pitch along with some recommendations on how we might best proceed.

"No, we don't want to have it redeveloped now."

The guy told me he'd think about it. I followed him up a few days later:

"No, we don't want to have it redeveloped now."

Fair enough.

Ripped Us Off Word For Word

That was until today. When I'd looked at this prospect's web site and he'd had a site developed that ripped off word for word and function by function (down to the fonts, word placement, placement of functions - everything) a booking system we'd developed over the past 2 years.

Good on him. Sneaky little fella.

"......whether you just copied the entire concept......"

So I emailed the guy and his web developer and asked "Could you please advise whether you or your developer have used our code in the development of the web site rates and availability interface and backend, or whether you have just copied the entire concept and had your web developer copy that?"

10 Minutes Later The Web Site Had Changed

The web developer emailed me back to tell me it was just a huge coincidence. Mmmmmmm, no it wasn't a coincidence. And I told her as much in my reply.

As A Web Developer What Can You Do?

As a web developer I've provided pitches before where the client has said "No" and then, 2 days later, used every single one of my ideas and site plans when the site was developed by a kid in his back bedroom charging $10 an hour (even down to using the exact same buttons and copying pages of content off my own web site).

As a web developer I've had people copy off various tools (such as the booking system) we've developed. And as frustrating as it is, there's really not a lot that can be done.

You'll End Up The Loser No Matter What

Sure, you can take legal action. But the money, the energy and the focus it takes from your business means you'll end up the loser no matter what the outcome of the case.

(And like the dodgy web master did, it just takes a few minutes to change duplicate content to look different to the original.)

By all means protect your intellectual property and guard against copyright theft. But don't do it to the detriment of focusing on the rest of your business.

Cheers

Brendon
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[ comments ]

Hi Brendon,

Off topic I know but how do you get your blog to appear on you home page like that, or is your home page the actual blog template
Brendon,
I'm in a similar situation.The client is an Non-profit.I did write up a proposal, he turned down my offer and had used my proposed domain name.
I'm still squatting on his domain name.Might give it to him, depending on what happens as my lawyer is on the case now.It's stressful as you said.
Anonymous, as this site is updated via Blogger.com, it would simply write the index file out (or to an include file which is then passed into the index file) :)
http://www.copyright.org.au

As a teacher of multimedia (no longer) on the Gold Coast here, six students ripped off my site. Hope some of you guys read here cause I am still watching you all - four years later! What was so incredible was that I was getting these students commerical work and that was the thanks I got! Everyone is out for a free ride!! I also taught these students copyright issues - boy I failed there!

Remember you have the luxury of the web host removing the offending site if it breaches copyright when the offender will not remove when asked.

The thing I H A T E the most is when you develop a great site, get paid a fair and reasonable amount and then the owner assigns a new developer (yes a kid getting $10 p/hr Brendan). New developer removes your name and adds their own and says the design was by them. Now all you 'kids' out there that is a real no-no! A clever designer should be writing into their contract that 'in the event of another designer/developer being assigned that the original design concept remains the property of you the original designer and recognition must be given to you, otherwise a new design must be used.

Why do this? Well, if they change your design, you no longer can use it in your portfolio as a direct link and in a world where 'everyone is a web designer' you NEED every link possible!
Harsh!

I'm not sure whether I'd be flattered or be steaming at the collar if someone ripped off my work as blatantly as that.
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