Every once in a while we do an Internet search to find out what is out there quoting to IPWatchdog.com or me personally.  We also try and make sure that others are not infringing upon our works by republishing our content without permission.  It is flattering in one sense to have people want to steal your stuff and copy it without permission, but that is, of course, copyright infringement.  I authorize some republication, but not much any more.  Search engines, particularly Google, punish websites for identical content being on multiple websites.  That has been and to some extent still is a tell-tale sign to Google that you are trying to manipulate their search rankings via other than preferred means.  So the republication, particularly when not authorized, is something that I do not tolerate.  I have even started sending out DMCA takedown notices as appropriate.  See Sample DMCA Take Down Letter.

It just came to my attention earlier today that someone had copied an entire article from IPWatchdog.com and posted it to their own website last week.  How is it possible that anyone doesn’t realize that you just cannot do that?  More likely, it is known that you cannot do that but people do it figuring they won’t get caught.  One of the most frequent questions I would get from my former law students was “how do you ever learn that someone is infringing”" or “how would you ever know what someone it thinking?”  For those areas of law where motive matters, luckily those who are malicious also tend to be rather stupid.  While they don’t necessarily need to tell you they fired you because you are African American, female or disabled, so many people revel in their own bigotry (and stupidity) and just cannot help themselves.  That is a special kind of hate, when you cut your nose off to spite your own face.  In the intellectual property context it frequently isn’t as easy to spot infringement unless you are vigilant, search and survey what is out there at any given time.

The recording industry has scored gold in its court battle with Usenet, which advertises itself as a massive online file sharing community. See: Arista Records v. Usenet, 07 Civ. 8822 (S.D.N.Y. June 30, 2009) The case, filed back in 2007, pitted the record companies against Usenet, with the recording industry alleging widespread infringement of copyrighted recordings through downloading over the Usenet network and Judge Harold Baer agreed, finding Usenet guilty of direct, contributory and vicarious copyright infringement.