Sunday, 22 April 2012

Getting Your Content In Order From A Legal Perspective

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AppId is over the quota

Google has announced a new algorithm change in which it is going to attempt to downgrade sites that scrape content or simply reuse what others are offering. It is rather ironic that in doing so, Google raises a legal issue many site owners don't even contemplate - content rights.

I am writing this article with the express intent of submitting it to various article directories and sites. In doing so, I will automatically agree to a non-exclusive license distribution agreement, to wit, I will agree to allow other sites to use this article so long as they meet some basic requirements such as including an article resource box with a link to my site.

Ah, but what if you don't have such a license. Most sites on the web will cite other sites and often copy part or all of their content. The question is do you have the legal right to do so? Let's consider a few examples.

Let's say you take this article and republish it on your site. You publish it without changing it and include the author box with an active link to my site. You've met the republishing license requirements and everything is good. Ah, but what if you don't include my author box? Now you've violated the license, a clear violation.

Then there are scrapers. These programs cruise the web and look for sites related to certain keywords. They then "scrape" off the content and it is republished on your blog or what have you. The programs all work a bit differently, but this is the basic idea. In doing so, the process clearly is a copyright violation. It would be akin to buying the latest Stephen King novel, copying the pages, binding them and then reselling them.

How many people run into legal problems because of this? The truth of the matter is not very many because hiring a lawyer to hunt down someone is expensive. Where the law has failed in some ways in this area, Google appears poised to provide a solution. The news that it will downgrade sites that use unoriginal content is a watershed moment.

Many of the trashy small microblogs and made-for-AdSense sites are in deep trouble. Without Google rankings, there is little need for them. Ultimately, technology will do what the law has failed to.

Richard A. Chapo is an internet attorney with SanDiegoBusinessLawFirm.com - providing legal services such as content clearances for websites.


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Internet Investigator: Tracking Down The Bad Guy In Cyberspace

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Imagine being stalked on Cyberspace. Or even worse...Having your daughter threatened by an unknown, but online attacker. The job of an Internet investigator is to find out who is behind these attacks and help the client get them stopped.

Believe it or not, these types of cyber attacks is an every day occurrence. For businesses, attacks can range all the way from simply an unhappy patron who maybe is a bit over zealous in their reviews to ex-employees or competitors who post lots of rip off reports, anonymous blogs, Facebook posts, etc. about how bad the business is to it's clients; the bad part however is that all the information is made up. And this can even get much worse with executives of companies being threatened, defamed, or much, much worse. While the advent of the Internet has been truly remarkable, for some it is their worst nightmare.

When you talk with people that work at an Internet investigative firm, the stories that they can tell are down right scary.

For non-businesses, the same kinds of things can happen. As an example, untold numbers of people get completely embarrassed by untrue (or over embellished) information posted about them all the way to psychopaths threatening them or their family.

Regardless of the type of problem, their is a new type of investigator that is arriving on the scene... Specifically Internet investigators or cyber private detectives. Unlike the private eye of old, these detectives are skilled in the art of tracking down the people that are guilty of perpetrating these frequently criminal activities. Many attackers are somewhat technically sophisticated and use Internet proxies or other tricks to make it even more difficult to track them. Professional cyber detectives know how to deal with the obstacles put in place by the perpetrator and can help their clients come to a rapid solution.

While we can't reveal many of the high tech tactics used by Internet investigators, we can at least give you an idea of what they can do. Frequently, when retained by a client who is under attack, these licensed private detectives will ask you tons of questions about the attacks, if you know who is doing them, and what specifically you would like to do about. For example, some clients simply want the aggressor found and then legally force the person to stop. Others not only want them found but want hard proof so they can work with an attorney to seek damages.

If you or some person or company you know is being attacked, then it can pay huge dividends to seek a professional.

Reputation Defense Online is a cyber investigative firm, and licensed private investigation firm, capable of handling many aspects of your Internet investigator needs. Please visit our web site or call 813-684-6018.


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Cyber Detectives: Who You Gonna Call?

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AppId is over the quota

As a cyber detective agency, we often tell people that we are the last person you ever want to call.

You remember the old joke. "You know you are having a bad day when Mike Wallace from 60 minutes shows up on your door step"...

Unfortunately, the same is true in our business but thankfully, most people do not need to hire a detective until the internet turns very ugly on them. To best illustrate, let me just give you a couple of examples of how badly the internet has gone for some and then the courses of action to help fix it.

In one recent case, a US Corporation was being blackmailed for over $1 Million dollars by a group that had adverse information and was threatening to expose it worldwide, with the push of a button. Quite frankly, there are not many companies around who don't have some type of information, including trade secrets, that would be devastating if openly exposed on the internet.

In another case, a client was attacked by an antagonist putting up a defamatory site aimed at destroying a private cancer center and diverting business. The attacks were totally unfair and were substantially hampering getting further clients. For something as serious as cancer treatment, any potential client of the center's is going to research their reputation online and come across this very negative (and untrue) information. Obviously, the center must somehow respond and defend their reputation.

To further date myself, this is like an old rerun of the movie Ghostbusters: "Who you going to call when the internet turns nasty?" A cyber detective, that is who.

Frankly, for most clients, they are really distraught by the time they stumble their way into an internet detective agency because they have not been able to make any headway anywhere else.

What a competent detective can do for you is to first, really help you understand realistic options. These options may range all the way from identifying the attacker, to establishing a chain of evidence for litigation support, to developing a case that is then suitable for local law enforcement to then take action.

To accomplish these objectives, the high-tech investigators must maintain a set of skills and software tools that are just not available to the average person, company, lawyer, or even local law enforcement. When people attack online, they typically do not "sign their name" to the information. So, even though the victim may "KNOW" who is doing the attacks, they frequently cannot prove it. This is a role where a good, licensed private detective can help you, especially one with extensive cyber training.

Are you the victim of a cyber attack? If so, check out the Cyber Detective services at http://www.reputationdefenseonline.com/


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Men Victims Of The Internet

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I am sorry to be indiscreet about this sensitive subject but it looks as if this terrible matter is starting to become an issue for a growing number of men of all different economic and academic backgrounds, who get caught in what appears to be a sting operation which could potentially scar them for life. I have seen families falling apart, and men having to move to a different town and even acquire a new identity. Chances are that this is the first time you are hearing about this issue and that what is to follow as you read on, has no direct relevance to you at all. In fact, you might even be a woman and this story is about men being groomed online.

If, as I expect, this subject is completely foreign to you, please do pass this note to other men you know and care about. You could be doing them a big favour.

We hear a lot about young girls being groomed on the internet by older men. This is of course one of the most disturbing subjects concerning internet use. What we do not hear about however, and what you are just about to discover as you read on, is the ease by which men, of all ages, are being groomed by women over the internet, having their photos, videos and personal details stolen and then spread over websites of a certain nature all over the world.

In short, there are some free forums on the internet for people to chat about anything and everything. Naturally these forums tend to be regarded as 'meeting places' where people talk to strangers, exchange ideas and look for relationships, virtual or otherwise. You can normally join up one of these forums for free and start chatting immediately.

Online chatting for many people is just another way to relax from the day's chores by having a relaxing conversation with other online chatters. Most online chat places are friendly places but at times, as you will find out, they could turn out be very dangerous. Male users of chat rooms should particularly be aware that some of the most popular chat rooms are being a host to some very dangerous predators who use chat rooms to make threats and to extort money from male users.

These dangerous predators I am talking about, are believed to be women who have conspired to groom men and then blackmail them.

So this is how it works:

The predator would start a pleasant chat with their victim, and convince them to move the conversation to another chat site to make it more difficult to track their identity. They will then persuade their victim to perform compromising acts, totally naked, in front of a webcam.

Unbeknownst to their victims, the predator will capture the video, save it to their computer, edit it and then post it on hundreds of websites, the nature of which is obvious.

But there is still worse to come. The way the operation appears to be working is this: initially the woman will hunt for her victim. She will try several men before finding one who appears to be naive so far as internet usage is concerned. The predator women do not look for perverts or men who are regular visitors to certain type of websites, as these men tend to be far more suspicious and much more discrete.

They hunt for an easy prey instead. Their typical victim will be a school teacher, a dentist or a police officer. The initial conversation will be very innocent. It tends to be about work, family, location and so on. Suspecting of nothing, the victim will often divulge their children's names and the name of the company they work for. Naturally, once they have given this sort of information, the men become even more trusting.

It is a psychological thing that sharing personal information accelerates the feelings of trust that we feel about our partner to the conversation. Then the woman speaks about herself and surprise surprise it transpires she and her victim have a lot in common.

They both might be a bit lonely, they both could have some marital difficulties to resolve and they both are likely to be craving for love and affection. Neither of them of course will contemplate having an extra marital affair mainly because of their loyalty to their family.

At the suggestion of the woman predator, the conversation will then move to a private chat programme such as Yahoo Messenger or MSN Messenger. This will break the 'continuity of evidence'. Whilst on the public chat, the parties can relatively easily be traced through their account registration details. This will be almost an impossible task with a private chat programme. The move from one chat programme to another will also break the link between the grooming and the shocking action which will follow.

The conversation will continue on the private chat programme and will turn more and more personal until it becomes purely suggestive.

Eventually the victim will be encouraged to perform a compromising act on himself, on camera so that the predator, whose job is almost done can "watch, participate and enjoy". Once the compromising act is concluded, the chat will come to its abrupt end, by the predator simply switching off the programme at her end.

What happens next is very interesting and is probably beyond most people's comprehension.

Following the video conversation which was fully recorded by the female predator onto her computer, she will compile several video clips and will give them titles such as 'John Smith From 91 Cleveland Lane Road, London, A GP and Child Molester Fxxxg Himself In Front of School Children' as well as other similarly colourful commentary. She will then post these videos on to several websites including YouTube and distribute them to countless other websites all over the world. The victim will wake up in the morning to a new reality.

He will first find an interesting email in his mail box from an unknown email address with a short note by his predator and a video attachment. Having watched the horrific video, most victims will immediately carry out an internet search against their own name only to discover that their worst fears have been materialised. By this time, the links which contain the videos have gathered so much popularity, especially following their distribution to the entire world by blogs and emails, that sometimes almost the entire first page of a Google search could be full of links to these videos, each time with a different title and commentary. A total nightmare.

If the victim is married, he will now need to speak to his wife and explain how he allowed this situation to happen. This you can imagine, would be quite a challenging task in itself. It could be a matter of time before his employers will find out, the kids, other family members, the neighbours, business associates or even some thugs who would believe that he is really a child molester or a paedophile. At this stage the victims normally seek legal advice.

They want to know what would happen if, or rather when, certain people discover these videos, in particular their employers. With most employers, it is a sackable offence to bring their organisation into disrepute. Naturally, when we speak to the victims, many of them are in a state of extreme shock. Before we deal with any other issue which troubles them, we, as defamation lawyers give priority to the immediate removal of the videos from the several video hosting websites.

This could be done fairly quickly but of course the sooner we act the better, because as time goes by, the number of links tend to increase and so does the popularity of the videos, as well as the number of people who copy these videos onto their personal computer and could potentially redistribute them in the future. The removal of these videos does not however, guarantee that they will not reappear in the future. It is important that the victims sign up for a monitoring system which operates 24/7 to give early warnings of any future distribution of their compromising videos.

Potentially, these videos can reappear on the internet at any time in the years to come. In any event, with the internet, it is all about speed so the priority is to have these videos removed from video hosts sites as quickly as possible.

I cannot tell for sure what is the precise motive behind the action of the predator woman, but having lately seen so many of these cases I have no doubt that there is indeed a system behind this operation and I am almost convinced that the female predators do this for money. In legal terms, all the victims in such cases have a cause of action in the courts, particularly for breach of privacy.

Although legal action could eventually lead us to the predator's identity this would be very costly and will bring further unwanted attention to the matter, and with it, further reputational damage to the victims. In cases such as this, any publicity is bad publicity.

The police are unlikely to be willing or able to intervene, mainly because of lack or resources and due to the fact that victims choose not to lodge a formal complaint. I will leave it for your imagination to picture the devastation this could cause someone. I have seen male victims changing their name and moving to a different town in order to avoid detection. I also witnessed families falling apart and men feeling suicidal following their involvement as victims in this sting.

Legally, little can be done to go back in time. No level of compensation will persuade any man in his right mind to pursue such a matter through the courts. Sometimes keeping your head down is the best advice to follow. What is left, is for us to spread the word, inform the public and educate people to be more vigilant whilst chatting on the internet. You have to remember that the vast majority of the men who find their lives falling apart as a result of being groomed, are innocent victims who were perhaps guilty of being nave or even a bit reckless, but are certainly not sexual offenders or perverts and do not deserve the potential life sentence which they may have to serve day in and day out.

Most people would agree that it is important to educate both adults and children about some of the dangers of internet chat. These are the dark sides of our new global society and they are not likely to simply disappear. It is only by having people such as yourself passing on this information to others that we can make the internet a safer place for both ourselves and to the next generation.

Yair Cohen is a leading UK online defamation and internet solicitor. Yair is a partner with the niche internet law firm Bains Cohen. The firm is renowned for its innovative approach to resolving client's online reputation problems and for the exceptional level of client and customer care that it practices.

Yair Cohen is believed to be the first lawyer in the United Kingdom to have obtained court injunctions against Google, YouTube and other main internet service providers to force the companies to remove defamatory content from various blogs and websites.

Yair's main strength is in his superior knowledge and understanding of the law in the context of the new realities which the internet presents. The secret to his success in removing defamatory websites is in his unique ability to combine vast amounts of technical knowledge with a unique and creative way of applying it to the law and to business reality.

Visit Bains Cohen Solicitors http://www.bainscohen.com/
Visit Yair Cohen's blog http://www.yaircohenuk.com/


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Forum Owners and Copyright Claims

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Most people start forums because they are interested in a subject and want to create a community where others can chat about the subject as well. There are, however, downsides to forums from a legal perspective if you aren't careful. One is the potential liability a forum owner can face in relation to copyright infringement issues.

For all the talk about the Stop Online Piracy Act, the truth of the matter is the Digital Millennium Copyright Act ["DMCA"] actually provides an effective methodology for copyright owners to demand the removal of illegally posted information. Known as a takedown notice, the copyright owner can serve the demand on the offending site that must then take it down and give notice to the poster who can then refute the copyright claim.

As you can imagine, this process can be a bit taxing on forum owners. One never knows, after all, when someone is going to post a copyrighted image, article or what have you as part of a discussion and few forums have the resources to monitor every post made on their site. Fortunately, the DMCA contains provisions that allow the forum owner to escape liability in such a situation so long as they comply with said provisions.

The magic subject we are talking about is the safe harbor provision of the DMCA. This provision was created to give the YouTubes, Facebooks and forum owners of the world some means for avoiding liability for copyright claims while avoiding shutting down huge chunks of the web as we know them. So long as the site in question complies with the requirements of the provision, it is immune from liability. So, what does a forum owner have to do? Let's take a look and identify where site owners go wrong.

The first requirement is to clearly post a copyright infringement claim page. This page provides copyright owners a method for contacting the site and making their claim. There are statutory provisions that must be included in the statement, but the language is pretty simple. Site owners who let people post on their sites are familiar with this provision and have DMCA notices up on their site. If you don't, act immediately!

Unfortunately, this is where most forum and site owners stop. They think that slapping up a DMCA notification page is all that is needed, but it is not. There are additional requirements and the failure to meet then results in the loss of the safe harbor protection from liability.

The first additional requirement is that the site owner designates a DMCA Agent. This is the person who will handle the claims that come in. Their information should be included in the DMCA notification language, but that isn't all. The DMCA Agent must also be registered with the Copyright Office. This is where most sites go wrong. They fail to register, which leads to the loss of the safe harbor provisions. If you let people post on your site, have you designated and registered a DMCA Agent? If not, you are not in compliance.

A second additional requirement is the forum must have a clear policy on how it will handle repeat copyright offenders. For instance, what will it do if the same member of the forum continually posts infringing material? The obvious answer is the person should be banned from the site and the policy should state as much. Regardless, there must be a policy and it must be published clearly on the site.

The provisions of the Digital Millennium Copyright Act have long been criticized by just about everyone. The criticisms certainly have merit to one extent or another. Having said that, the safe harbor provisions of the DMCA provide a huge benefit to forum owners so long as they take the time to comply with them. If you own a site such as a forum where people post to your site, make sure you do just that.

Richard A. Chapo is with SanDiegoBusinessLawFirm.com - providing DMCA Agent registration services.


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Terms and Conditions: When Does a Website Require Them?

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Generally all websites should have terms and conditions. This will decrease the risk of the owner of the website's liability for damage claimed to have been suffered by a visitor to their site, in a number of ways.

With a website being accessible to anyone, a website owner has no control over who accesses the site or how the information on the site is used. Not only do terms limit liability of the site owner they also, in most instances, form a contract with a user or visitor to your website. Essentially every website that provides any type of goods or service should include terms and conditions governing the payment or delivery of that good or service and in the instance of sale of a product or service on a website, the visitor or customer should be required to click to accept these.

Website terms and conditions are essential for a number of reasons. First with the commercial reality that when there is business online, and with potential clients anywhere in the world, by having terms that are clearly outlined, the governing law will be on the website owner's terms and according to their country jurisdiction so there will be no ambiguity despite location of any buyer of goods or services. Another important note following this is that regulations differ from one country to another so the website owner will need to ensure their terms and conditions comply with the laws in their country.

When a website is providing any type of goods or services, it is absolutely essential to outline how and the terms upon which the goods and services will be provided; this may be as simple as conditionss of shipping or as complex as outlining specifics for a security trading account. These terms and conditions will also need to outline the extent of the website's liability for these goods and services. A common example of this is when goods are provided, the website will be responsible for them while in their possession, but at the time of shipment onwards it is then the buyers responsibility. Other related terms of sale would also be included in the conditions of this type of transaction such as, for example, terms of return of goods, if any, and warranties on the goods or services.

With the worldwide accessibility of websites and website owners being willing to do business with any customer, websites owners should attempt to minimize any possible risks that are posed no matter how foreseeable and wherever possible through strongly worded website terms and conditions.

Want to know more? Click here for Free information on Website Terms and Conditions. Australian legal agreements and forms from http://legal123.com.au/


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Distance Selling Regulations

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AppId is over the quota

The regulations would change the way people purchase things for the better. For online marketing, it gave people the feeling of safety they needed when buying through the Internet.

Every day millions of people perform some sort of transaction online. Whether you're buying your shopping through the local supermarket or using the ever popular auction sites such as eBay and Amazon. You can literally buy anything and everything through the click of a button.

But what about the risks of fraud? How are we protected when we buy?

Pre-sale Information

Under the regulations you are entitled to receive full information about the product or service that you are purchasing before you make the decision to buy. So if you are an e-commerce site it is a good idea, in order to keep to these rules, to include such information as what the product is, does and what exactly comes with the product or service that you are selling.

Written Confirmation

The consumer has the right to receive these details in writing before the sale is done. Basically to comply with this regulation all you need to do after you have received contact from a potential consumer is provide them with a written confirmation about the potential sale making sure that basic information such as your name, address, details of their right to cancellation, cancellation conditions and after sale process are all included. Be wary if these details are not there then the contract is not binding and therefore you, the seller, are not protected.

Cancellation Period

As standard when selling a product online, you are required to leave the customer with a 7 day cancellation period. This is what is known as the cooling off period and the consumer MUST be aware of it. If not then as mentioned in the previous point the contract is not legally binding and you will be in breach of the regulations.

Payment Card Protection

One of the scariest things about purchasing goods or products online is what happens when you use a payment card. The Consumer Protection Regulations 2000 took action to provide the consumer with guarantee that they can purchase safely and that if any fraudulent activity took place then consumer would be entitled to cancel any payments without prior notice. This regulation covers all types of payment cards and not just credit cards.

What the Regulations don't apply to

Although the regulations cover a large band of people and consumers, it doesn't in fact apply to everyone or every situation. If you are doing a business to business sale then you are not covered by these regulations.

Other services and sales that are not covered by these regulations include financial services that are sold at a distance, the sale of land and auctions attended by auctioneers. These other examples are covered by other legislation.

What are the punishments that make these regulations tough on offenders?

Well anyone who is found to be in breach of a Distance Selling Regulation can be sued by the consumer who has suffered as a consequence. So it really is a good idea to comply to avoid a damaged business reputation and the severe financial implications for your company.

Conclusion

The points above are just a basic outline of the regulations that were brought in to protect the consumer from dodgy online dealings and being left out of pocket. Although these regulations were brought in primarily to protect the consumer, there are also parts of the regulations that offer protection to the seller. For example if the goods that have been sold are sealed on delivery and then the consumer opens them this automatically removes the guarantee of a cancellation within the contracted 30 days. The same applies for goods that are specified for the consumer and in most cases a transport service.

For more full information about the legislation visit the Office of Fair Trading Website or contact us


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