Site design stolen again - what to do?

[dbirider]

Does everyone remember this thread? Well adioking strikes again. This time he stole my entire site design and made minor obvious changes to it. From what I see, most of the content (words) is not mine.

It has the same layout, organization, and images that I spent a ton of time putting together. Just different colors pretty much. Actually, some of the images are still from my site, which is how I found it so fast (from my referral logs).

Here's two screenshots comparing his layout to mine. This is from his live site (at the time of posting this). Mine is the blue one, pokeronamac.com






This isn't an open source design, and I know it must be illegal to copy it so closely, especially from a direct competitor. I'm not sure how the law would work in situations like this, so I need some advise. Here are some immediate things I plan to do. Would this be right?:
- Report this site to google and other search engines
- Report it to all of his affiliate programs
- Report it to his hosting company

I don't want to go this far yet, but would suing be an option to? I'm thinking about how some sites spend more then $10,000 for a custom design. What would they do if another established site just snatches it from them and claims it as their own? I didn't spend any money on this design, but it took a lot of effort for me to put together and I wouldn't sell it for a price.

So what would you guys do if you were in my shoes?

Thanks,

[Beanie]

I guess I am missing it. I don't see that you have much argument here. Its not like he took content or even pictures. Otherwise, PokerNews should be pissed at everyone.

[SmackDog]

While I do think it is weak to make an exact replica of some one elses site I also feel like if your content is superior there wont be any questions about it.

I don't see how you are going to sue over this, but then again I'm not a lawyer. Maybe if he directly copied the html from your site that would work, but other than that this stuff happens.

Just focus on superior content and don't waste valuable time worrying about others replicating your design. Just my opinion.

I'm with Beanie here, lots of people replicate big sites designs and it doesn't seem to take a chunk out of their profits.

Now if someone is stealing your content that is an other story.

SmackDog

[adioking]

None of the content is copied, and we did not steal your design, the designer just made a similar one.

The site is based on a word press template which is open source. Generally speaking anytime you use open source software it remains open source. Open source projects stipulate that any modifications to project are public domain.

Also, don't worry about contacting the affiliate programs, they already know about the site and it's obvious to them that they are NOT the same.

Take a look at this:

http://binarybonsai.com/wordpress/k2/

and look at the 3rd paragraph on their own site

So feel free to steal whatever you need from it and throw away the rest.

So calm down and stop your whining already. I did consult my attorney about this and I've been told not to worry. The site is simply not the same, and it's based off of multiple GPL licensed plugins. Anything that is directly copied such as plugins, they were all GPL and free for anybody to use.

[MrMcGee]

None of the content is copied, and we did not steal your design, the designer just made a similar one.

Calling the two designs "similar" is a serious understatement. As dbrider said, he found out you were stealing his design because your site was pulling images directly from his site.

Imitation is the highest form of flattery and all, but damn man. You (or you can pawn the responsibility off onto your designer if you want) pretty much just straight up copied his site.

You and your lawyer can debate the legality of doing what you've done, but legal or not ... its just plain sad.

[BonusPokerTime]

I agree that copying a site or taking someones idea and making changes and improvments on it so wrong and should be illegal.

I mean look at what happened with clothes and shoes....someone invented clothes and nows there tons of brands, designs, pieces, etc. I think we should all be wearing the same thing. I think we should all be wearing grass shoes like cavemen.

And poker clients....an outrage. I think we should all be wearing caveman clothes and playing at Pacfic poker.

We also should all be communists and live in grass huts made from recycled caveman shoes.

All poker sites emerged from someone elses ideas with making change to it. Where would be if ideas werent changed and added on to?

[ClickItNow]

The only amicable resolution would seem to be that you copy all of adiokings sites.

(OK, I'm joking a little, but still)

[dbirider]

Originally Posted by adioking

None of the content is copied, and we did not steal your design, the designer just made a similar one.

The site is based on a word press template which is open source. Generally speaking anytime you use open source software it remains open source. Open source projects stipulate that any modifications to project are public domain.

Also, don't worry about contacting the affiliate programs, they already know about the site and it's obvious to them that they are NOT the same.

Take a look at this:

http://binarybonsai.com/wordpress/k2/

and look at the 3rd paragraph on their own site


So calm down and stop your whining already. I did consult my attorney about this and I've been told not to worry. The site is simply not the same, and it's based off of multiple GPL licensed plugins. Anything that is directly copied such as plugins, they were all GPL and free for anybody to use.

Adioking:

You're not right ethically, logically, or legally. You can't take a custom design, make minor changes, and claim it as your own.

You stole the identity I created for my site, the design, the layout, and the organization. Every piece of pokeronamac.com was custom made in photoshop and put together by me over the course of a year of problem solving and tweaking. Even some of the poker room logo's had to be recreated to fit the design. Making tiny changes does not make it yours.

Do I really have to play captain obvious? K2 is an open source mod for wordpress. Building a website off of K2 does not make that website free to steal from. You can't steal from the millions of other wordpress sites either.

I'm contacting your affiliate programs and reporting your site to search engines right now. I'll give you two days to take my design off your site before I resort to legal actions.

Until then, i'll continue taking advise and opinions from the PAW community. Thanks everyone who has left a comment.

[Georgia Poker]

db- Thanks for saying what I was thinking.

Adio- Cmon man, you've got caught how many times now with your hand in the cookie jar? I've had a few offline discussions with senior members here and we all agree, you got caught dude.

At least sack up and apologize, what you did was wrong and unethical at best. At worst it's outright theft.

To take your "FU" attitude and talk this trash about open source, blah, blah, blah is just weak.

Weak.

[Georgia Poker]

Do I need to make another Book Cover?