dhbailey wrote:
You need to do something about it or your copyright lawsuit options will be reduced, from what I understand.
my understanding is that the first thing one needs to do is to register the copyright. It used to be, in the U.S., anyway, that you could not claim a copyright without registering it, and you could not register it without publication. This has now changed, and copyright no longer depends upon registration; however, without registration, I understand enforcement of copyright to be so difficult as to be impossible.
So the least you should do is to send them and their ISP a registered letter, receipt-requested (or would a certified letter be better -- I've never understood the difference between the two) ordering them to cease and desist.
A certified letter is one which provides a receipt for mailing; a unique identifier for the mailed piece, and record of delivery kept for two years. For additional cost, you can request a return recipt, which provides proof of delivery for the item. A certified letter provides the same as the registered one, except that there is more security provided: the item is sealed with paper tape, to disclose any evidence of tampering, and a complete chain of custody is maintained on the item by everyone who handles the piece from the time of mailing, til the time of delivery. The clerk who takes the mail from you signs for it; the driver who takes it to the sorting facility signs for it from the clerk, &c.....
If it were me, the first step would be to send a letter to the owner of the site, and the host, via regular mail. The second step would be a registered letter. Only then would I get an attorney involved.
I have been told that Intellectual property attorney's fees start at $500 per hour, and that if it is necessary to pursue your claim in court, you should expect to post a trial retainer of $50,000
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