COPYRIGHT INFRINGEMENT - Real Incident

I am posting this incident to the Internet because I would like to warn all web page owners about the dangers of material posted, as well as the frustration one could endure if one runs a web site (on any topic). I am also posting this because the violating individual has continued in his quest to harass and lie. If he was to simply stop and apologize, I would not have to write the below commentary regarding his actions. This is no joke, the incident below is very serious and very frightening, and shows that the Web needs more supervision.

In the fall of 1995, I started a Madonna links page. I wanted people on the Web to have an easy access to Madonna information. Different search engines revealed different results, and so it was difficult not to get lost in the myriad of findings. I wanted my web site to make it easier for others to find information. I began to painstakingly go through each and every search engine I could find, check out the links that resulted, and then organize the information together into a more comprehensible fashion. Keep in mind that I did not simply grab the links the search engines offered, I went through each of the pages and checked the content, as well as checked the links on the pages themselves, in search of more web pages. Needless to say, I spent a considerable amount of time and effort in the creation of my page. In fact, it has taken me nearly 2 years to reach the level it stands at right now. I state very clearly on my page that my source file is not to be stolen, as it has taken me a lot of time to gather the information.

Recently, an individual named "Joe Baccone" (I will leave out his personal details and email addresses out of respect for "Joe") began making a Madonna web site. He stole ideas from other pages, and copied pictures and formats. However, "Joe" was smart in that he also made a few changes to the stolen code, so as to not make an exact duplicate. Therefore, when accused of copying, "Joe" would say that he did not violate any laws because he did not steal any code. However, when stating this, "Joe" was lying, because he DID steal code from other pages (ie. it is still illegal to copy "only" half of a book, and then change and add a few sentences in attempts to treat it as one's own work). Therefore, not only was "Joe" illegally coping, he was also lying about what he had done. When approached by the Madonna web site owners of his illegal act, "Joe" would outright deny any wrongdoing. Furthermore, he started blaming THEM for stealing from HIM. Evidently, "Joe" was an impossible person to deal with on a rational level. In addition, at the same time of these denials, "Joe" was emailing others in a nice and professional way, so as to present a good image of himself. This was when I realized we were dealing with an intelligent and cunning individual.

At that moment, I was not directly involved with the situation, because "Joe" had not yet stolen from me. However, I knew that "Joe" had stolen from other pages, and I therefore refused to place a link to "Joe"'s Madonna page. "Joe" wanted the link, because it would generate more traffic for his site. In retaliation, "Joe" took a lot of my source code, and used it as his own Madonna links page. Furthermore, "Joe" stole my own statement: "Do not grab my source file as I have spent a lot of time searching the Web..." and used this statement on his own page. This was also lying, as "Joe" was now pretending all my work and effort was his own.

There is another point to mention with respect to this incident: The owner of the violating links page was named "Bill Thomas Lanna". However, circumstances led me to believe that "Joe Baccone" and "Bill Thomas Lanna" were the same person, or at least very close individuals. Their attitudes were exactly the same, and I managed to find out that a guestbook entry from "Joe" and another one from "Bill", were coming from the same computer room. It must also be added that "Bill" started assuming the more nice and professional mannerism, and would often engage in derogatory statements towards "Joe". This indeed was frightening, as they were in fact the same invidual or at least very close friends, one pretending to be the nice and professional one, the other assuming the role of a scapegoat. Another note: "Joe" also removed all links to my Madonna pages that I had on my Madonna links page, so as to lessen the flow of traffic to my page.

Of course, the first thing to do in a situation like this is to contact the violating individual and politely ask him to remove the offending page. I did so. However, instead of replying, "Joe" began signing his own guestbook as well as my guestbook with highly derogatory statements. I saved these entries on my hard drive as proof. I also contacted "Joe"'s web server, Geocities, who did not reply in a suitable amount of time. In his guestbook signatures, "Joe" would use fake names and email addresses with positive statements regarding his page, and negative statements regarding me and my pages. Furthermore, while "Joe" was engaging in these immature guestbook signings, he started to email other Madonna web site owners (including those whom he had copied from earlier) with nice and professional emails, stating that he wanted to patch things up and that he was willing to forgive and forget. This proved to me even more that "Joe" was dangerous: He knew how to be nice and professional in order to achieve his goals.

I emailed the LinkExchange Digest in attempts to secure advice regarding the matter. I got several responses, and I am thankful to everyone for providing me with various suggestions. However, I did not realize that "Joe" himself was on this Digest. After reading my post, "Joe" sent a post of his own as his alter ego, "Bill Thomas Lanna". In ""Bill"'s" post, "Bill" stated that my accusations had no foundation and that he had not copied from me. He also asked how to get "Angie off my case". After reading this, I realized just how intelligent and dangerous "Joe"/"Bill" was. Here, "Bill" was pleading towards those who may have doubted my accusations, stating that he had done no wrong, and that it was me who was the mean and crazy person. "Bill" was extremely good at making it seem that he was the individual to be pitied, and that I was the mean aggressor.

I then realized that I had better act quickly, before "Bill" damaged my reputation any more. I started keeping track of "Bill"'s guestbook entries as well as the updates of his Madonna links page. After slowly going through the entries and IP numbers (the latter being automatically recorded by the guestbook server), I realized that I had proof that "Bill" had stolen my code. Apparently, "Bill" had signed one too many entries, and some of them contradicted what he was saying. I immediately prepared another statement to send to Geocities, this time with more evidence. I also phoned Geocities personally, asking them to handle the matter immediately. This promptness was necessary, because with each and every passing day, "Bill" was changing his page, and I realized it would be harder to prove my case as time went by. Geocities did not respond soon enough to my urgent phone calls.

Meanwhile, "Bill" was continuing to harass me on his guestbook and on my guestbook. I decided to take matters in my own hands. I tracked down "Bill"'s school as well as "Bill"'s parents, and informed them of the situation. "Bill"'s pages were gone the next day, and I was glad that this happened. Geocities later emailed me and supported my claims of infringement, but by that time, "Bill"'s pages were gone.

It is true that links taken as individual selves can not be copyrighted, but it is the FORMAT and LAYOUT and PRESENTATION and ENTIRE COLLECTIONS AS A WHOLE of links that can be copyrighted. Geocities agreed. Official documents have also stated this. In addition, a work needs not to have a statement of copyright in order to hold the privileges contained within. Once an author of a piece of work has completed his/her work using his/her own materials, it is automatically copyrighted for 50 years after the author's death. Please always keep this in mind.

It has been pure frustration the last couple of weeks for me. An individual was getting credit for all of my hard work and effort on the Web. I hope this commentary convinces you that others will steal your hard work if you are not careful. Please, I beg you: Register any work you may value, and print out hard copies of your source code immediately, in case you need to prove it in the future. This may sound ridiculous, but unfortunately, it is necessary, and proof for this lies in what I have endured with "Bill".

"Joe"/"Bill"'s school email address privileges were removed. However, he still has an account with Netcom, and perhaps other Internet Service Providers. If recommended, I will pursue contacting these Providers and informing them of what has been going on. Anyone with an email address can get a web page for free, and although I appreciate these services, people like "Joe Baccone" can abuse it to their liking and reap the rewards (while causing others pure frustration).

Keep in mind that "Joe Baccone"/"Bill Thomas Lanna" has been known to blame others for what others blame him of doing. He will most probably deny that he has done any wrong, and try to do so in a friendly and courteous manner. If you would like proof of "Joe"/"Bill"'s wrongdoing, email me at angie.hung@shaw.ca, and I will forward you the Geocities reply stating that they too agreed with my accusations and my evidence. Also, if you would like to offer comments/suggestions, feel free to email me.

I hope the above statements I have written shows you that one can never be too careful on the Internet, and I hope my accounts of what has happened to me shows you why I have gone to such great lengths to stop the violations. People take material from other web sites illegally every day. It happens all the time. However, most of these people intend no harm and may not realize they are engaging in illegal acts. However, "Joe" was insistent on degrading me and my pages in the process, and this is how he went too far. If you have read this, I ask you to show others this page, so that others too may realize the dangers of the Internet.

Finally, I would like to say to "Joe": I'm sorry to have to do what I have done, but you gave me no choice. I tried to politely ask you to remove your violating page, but instead, you engaged in cowardly and immature acts. Furthermore, you have continued to deny ever doing wrong. I know that your pages are gone for now, but you may appear again later in the future. Please do not harbor any ill feelings towards myself, as I was just trying to correct all the wrongs you engaged in. I only hope that this incident shows you that it is much better to be truly respectful towards others, than to lie and mislead. If you spend as much time on making an original page as you spend on stealing/lying/misleading/harrassing, I'm sure you can make a truly wonderful web page that will be your own work. Then, I would gladly make a link to your page.

Sincerely,
Angie Hung
April 1997