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intellectual property law

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A

amazing103

Guest
I design websites and one of the sites I used similiar text as my competition (generic). The site is is similar to my competition, but, I used my own images, affiliate programs that I'm a member and other items that I have permission. My competitor claimed that I copied his site with some modifications and tried to sell it. He belongs to the same affiliate programs that I belong. Naturally, almost everything on the site is the same, but, we're using the affiliate materials. He reported me to Ebay, which took the listing off and now he is claiming that he will notify AOL, my hosting companies and paypal to terminate me. Can he do that and what is my recourse? Thank you
 


L

loku

Guest
A new site would be in violation of the copyright law if it was so similar to an existing site that the public would be confused as to whether it was that site. This is not an easy rule to apply, but it is the rule.
 
C

counsel

Guest
loku is actually thinking of trademark law, which protects consumers from confusion as to source of the website.

Copyright law, instead, looks at the similarity of the materials, whether the similarities are important, and a number of other factors, including whether you have a license to use those materials.

The bottom line is that it depends how much of the text you used, and if that is important or non-important text for the site.
 

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