Friday, November 10, 2006

AMPI Rivera Maya reports Pirating of its Members Sites

Recently, I have received word that certain web sites are copying listings from MLS and other sites that have permission to post those listings on the net.

AMPI Riviera Maya, our local real estate organization, is concerned that members sites are being violated by these pirates. Allegedly, pirates are posting listings that belong to members exclusively and putting their own contact information on the listing. So that when the prospect finds the listing and makes contact, they are in fact, contacting the pirate instead of the agent. The agent then works to spin them off into some other property that they can show or present. If that does not work, they usually tell them that said property is sold and moves on. The pirates are using this technique to get new prospects off the back of the hard work of AMPI Riviera Maya's members.

AMPI Riviera Maya is taking a serious look at this issue. Action may follow shortly.

According the the DIGITAL MILENIUM COPYRIGHT ACT, copyright Infringement is NOW against the law on the internet and enforceable. The violated can easily get the offenders site shut down.

All it takes it to file a legitimate complaint with the offenders ISP and ICANN. This action will get their shut down and their domain names taken away.

In order to have an allegedly infringing website removed from a service provider's network, or have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:

1. The name, address, and physical or electronic signature of the complaining party [512(c)(3)(A)(i)]
2. Identification of the infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials [512(d)(3)].
Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
3. A statement by the copyright holder of a good faith belief that there is no legal basis for the use complained of [512(c)(3)(A)(v)].
4. A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the copyright holder [512(c)(3)(A)(vi)].
5. A service provider is not required to respond to a DMCA notice that does not contain substantially all of these elements.


* MLS 4 Riviera Maya and Riviera Maya Real Estate News suppports a strong market with rules for all.

SOURCES
ICANN
WORLD INTELLECTUAL PROPERTY ORGANIZATION
DIGITAL MILENIUM COPYRIGHT ACT -
CHILLING EFFECTS

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