Legal Question in Intellectual Property in New Jersey

chinese web site pirating software

I run a software company, and I discovered a chinese website/bulletin board that is pirating some of my software as well as TONS of other software. Their main page reads like a who's who of software. The domain name is registered to some guy in China. Is there anything I can do to get the site shut down? I don't want to spend a lot of money on this -- should I contact the FBI? If not who?


Asked on 5/05/07, 7:58 pm

1 Answer from Attorneys

Gary Adelman Adelman Matz, P.C.

Re: chinese web site pirating software

There are a few things that you can do yourself, however, if you are afraid that this pirate is taking away a significant amount of business, it would be worth spending some money to have an Attorney go after this guy.

One of the things you can do is file a takedown notice under the DMCA (Digital Millennium Copyight Act.) You can file that Notice with the ISP, who should terminate the hosting if they find the site is violating copyright. However, the ISP probably is a Chinese Company who will just ignore you.

Another option is, if the Pirate either has google or yahoo ads on their site or uses google adsense or the yahoo equivilent, you can send them the notice and both company's take pirating very seriously and will remove them from their site or the program. We usually get yahoo to tak it down within days. Google does a more extensive investigation and you must file the notice in their specific format to be effective.

Please feel free to contact me if you need any help.

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Answered on 5/06/07, 12:25 pm


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