@40hz, problem is that the images and content clearly shows that it is her property. I mean it's obvious that your pic is YOUR pic which is hosted on your blog, right? If any scraper is copying that content and asking you to prove that if it's your property (even after getting an email from the same scraped domain email) then it is offensive. Hostgator removed that content from above site and is taking further action on webmaster. Problem with giving proofs to such scraper is that, if you look at their scraped sites content, there is no need for giving any proof to thieves. It's like giving proof to murderer who is standing next to the corpse with blood on his clothes and knife.
I feel her pain and understand where you're coming from.
But as Oliver Wendell Holmes observed, US courts are courts of law
- not courts of justice
And like it or not, the accused
has the benefit of the doubt - and the accuser the burden of proof.
In this particular case, I'll agree it leaves a lot to be desired. But doing it the opposite way (like DMCA takedowns do) is even worse in the long run.
As for ownership clearly being proven by the fact it's on your own site...I'll have to disagree.
I once had something (an infographic) taken down from a friend's site by someone who filed a DMCA on my buddy because he had supposedly 'swiped' it. As proof, they claimed it was clearly hosted on their
site for over a year - and further, they claimed they held a copyright for it.
had a fully registered copyright on it. Signed, sealed, and delivered by the Library of Congress no less! Yowza
I got in touch with the people who were hassling my friend, explained that I was the legal owner of the graphic in question, and asked them what was up with that. I explained I didn't want to file a DMCA on them - or suggest my friend take legal action against them for knowingly filing a false DMCA takedown (which you can btw) - but I would appreciate knowing why
they felt the need to harass my friend over something that wasn't theirs to begin with.
After a few emails with some rambling talk about how infographics weren't copyrightable (wrong) - and
a vague threat about suing me for "tens of thousands" (not millions? they apparently think small) because I was engaged in "a clear case of defamation" against them (wrong again) - and
a complaint to my friend's ISP about being harassed (I think they thought my friend and me were the same person) - it all stopped just as quickly as it started.
My friend went through the necessary actions needed to get the takedown removed. And my infographic disappeared from the other site in the meantime.
I understand that other site did eventually get shut down by their own ISP following numerous DMCA complaints filed against it. Guess my piece wasn't the only thing they borrowed. But I just can't help but wonder why they were so stupid as to draw attention to themselves by filing bogus takedowns if that was the case. Everybody knows somebody on the web. And it doesn't usually take too long for word to get around.