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Nick@ss
25th October 2006, 20:01
Hi people,

i would suggest this mght come down to copyright/design infringment. :)

can you spot the difference? (http://www.shoutcasti.com/)

for the record these people are not associated to us in any way and we have asked for the content to be removed :igor:

huperphuff
25th October 2006, 20:27
Why are you posting this here?

Nick@ss
25th October 2006, 20:32
This is incredible... :)

streamsolutions to shoutcasti

I have been forwarded your website as it appears you have clearly been stealing our content for your own uses and possibly considering yourself similar to our services.

please can you explain yourselves and/or remove this before we pass it over to our legal department so that your isp removes it for content and design infringement.

our branding and design is key in our business and we are not prepared to put up with such a blatant copy in such a small community.

if this is not removed within 24 hours or we have received no reply to this email, we will consider this as further disregard and will not hesitate to take legal action.

shoutcasti to streamsolutions


Hello Nick, glad you brought this up. Explain to me how we have been "stealing"? The design was made from skratch through Macromedia Fireworks MX and nothing was stolen from your website. If you would like, you can look at our source and verify this for yourself. Since when is making a website illegal? Perhaps our ideas were based off your website but we have not stolen anything and you are making wrongful accusations at this point as well as legal threats which are taken very seriously and will not be tolerated. Please make yourself comfortable and have your "web design" team look through our coding as well as the images and you will see for yourself that none of your content has been stolen.

thank you


obviously i must be missing something as it sure looks like our site and the design sure has been stolen.. :(

.... sigh

huperphuff
25th October 2006, 20:36
I see how the websites are similar, but I wouldn't worry that much...

Just spice urs up a bit...and ur golden...

Plus...you've got the clientel...that's the hardest part...

If they start taking ur customers...or posting advertisements where you post them...

Then I'd say they were going over the edge...

Nick@ss
25th October 2006, 21:01
ok and what about the legalities of copyright/design infringment?

do you think this acceptable for people to take your work/ideas and use it themselves?

if you can do lots of work and ill just come and take it for my own purposes you wouldnt have a problem.

but i have passed it to our legal chaps anyway.

i just think its a sham and felt the need to share it..

huperphuff
25th October 2006, 21:07
I think they should have asked you guys before hand...

But it's not uncommon for webdesigners to get ideas from other websites and incorporate them into their own designs...

They only problem here is...how much they used from your website AND they didn't ask if they could...and they're making a profit off your design...

If they weren't selling something I'd think it'd be totally fine...

I think...to prevent any futher problems...
You should have a line at the bottom of your website that requires people to ask the administration before using any design ideas, style, or color configuration for their own designs...

As for the person who already used it...

Ask that they atleast put a line on the bottom that says...

"Some template design ideas borrowed from http://.... (link to your site)"

So hopefull you get some traffic out of the whole deal...

tuckerm
25th October 2006, 21:48
That's rough nick :(

bored_womble
25th October 2006, 22:26
they need a damn good slapping ... but then I am sure they will come back with some childish ( probably are children anyway ) comments re, you can not do anything , blah blah ... but it does not take too much to pursuade an ISP these days, as most of them have been bitten quite hard relating to possible copyright and IPR in the past ....

BW

RadioRevolt
25th October 2006, 23:47
/tear

NJK
26th October 2006, 04:49
@Nick

you must have hit a nerve or so
--
Site in Maintenance, please come back later.

For urgent matters please contact ---

no site to be found anymore.

Nick@ss
26th October 2006, 06:20
after a little back and forth i realised i was getting nowhere and passed it over for legal contact.

they were stripping our content from the site bit by bit after my comunications to them.

but thats another rip off merchant out the way. :) :)

and the last email i recieved from who i think was them as i was never given a name until now said.



Name === Michael Woods
-----------------------------------------------------------------------
E-Mail (validated) === support@gamedaemons.net
-----------------------------------------------------------------------
Information === ,, ,, ,,
-----------------------------------------------------------------------
Add to mailing list === no
-----------------------------------------------------------------------
Account Number ===
-----------------------------------------------------------------------
Message
....

Please go f**k yourself and suck my huge black dick you sons of bitches... your server suck!

tuckerm
26th October 2006, 12:04
Wow.

dotme
26th October 2006, 12:22
Please go f**k yourself and suck my huge black dick...
Simultaneously? That would probably require a considerable amount of flexibility.
:blah:

FS-Randy
26th October 2006, 13:21
Had similar issues with lots of companies. Got to the point where I started handed everything over to legal immediatly. I got tired of contacting all these lame companies and dealing with their responses. It was making me upset.

One of the most notable cases involves a company many of us here have probably heard of. In fact, if I recall correctly they had ripped another company at the same time.

Eventually, they contacted me back directly threatening legal action against us, for taking legal action against them. Still to this day, I don't know how someone could sue me after they ripped our site...hmm

mr.d1n1
5th November 2006, 16:38
nick, I'm white, so that wasn't me on that email ;) (I'm the owner of SHOUTcasti)

this issue was dealed by one of my staff members, I didin't take notice of this situation after a few days. In fact I realiced the websites we're really similar, so I asked my designer to change the website and try "not to take ideas" from any other company.

I'm sorry about this, it's the first time my designer fails ur like this. The staff member you taked with is the designer, that's why he had all the original files. Please let me know if we've cleared everything out now

Nick@ss
5th November 2006, 17:38
There is not enough content on there anymore for me to take this any further but it is still a blatent rip of our style and design.

its a shame you do not have the substance or talent to be creative and design your own site without having the needs to work on the back of others.

you have only changed the elements that were mentioned when we contacted you but at the end of the day its just an imitation of our site.

i wouldnt bother asking for approval as you will not get it.

its just a rip.

dotme
5th November 2006, 17:46
When I first looked at the two sites, the things I noticed that caused "brand confusion" were the fact that both companies chose the same colors for their logo (black and burnt orange) and the layout, including nav arrow elements, were similar too. A look today shows that things still appear a little "similar"

@ mr.d1n1 - Glad you stopped by these forums to address this. That's a responsible reaction. I can't speak for StreamSolutions, but if I were you, I'd consider changing the color of my logo and elements to something other than orange (Maybe "maroon" - That would look good) and lose the arrows on the mouseovers on the left side. That's just my opinion, but if you're building a business, you're probably looking and hoping for a "distinct look" for your company too. That way, you build a unique and recognizable branding that will help your company stand out from the competition.

:)

sputnik radio
5th November 2006, 17:53
i served as a juror one time when i think it was 7up was suing sprite because sprite used a green bottle and put a lemon lime carbonated beverage in it. 7up claimed that they where ripping them off. needless to say sprite won the case as you notice they are still putting a lemon lime carbonated beverage in a green bottle.

Soo looking at your site and his I think there are "some" similarities but I really cant say that they are as obvious as 7up and sprite.

So i dunno.

You know imitiation is the highest form of flattery. Maybe those guys just don't have a creative bone in their body and they need to mimic your style because they can't think of a good starting point.

You know there is no such thing as true originality anymore. Everything you say or do is all based on what you have seen and heard.

mr.d1n1
5th November 2006, 18:28
Thanks for the heads up dotme ;)

nick, I doubt you made your own site, but eitherway, this seems just like a advertising prop for you. You could take a look at others opinions here, maybe you'll get an idea on how you're exagerating. I tried to do the more mature thing and confront you here with no bad intentions, but you just act like a little kid. If you need to think it's a rip, do it

Nick@ss
5th November 2006, 18:58
Ok im not going to waste any more time or effort on you after this post as i can see this is not worth the effort.

streamsolutions was made in house, and looks like that because its an original design, by professionals.
how many other sites have you seen like ours?

it was never placed on the internet so you can come and copy it,

i have had the decency not to take it any further and you continue to push it,

lets just look at the design,,

> the logo is black and red the same as the streamsolutions banner.

>the left nav is exactly the same but you have coloured the arrows blue (previously red)and the text highlights red as you mouseover.

>the top nav is our main site tabs but they are upside down.

>the page colour and layout is exactly the same with the product set blocked in the middle and pricing in red to empasize things as the ss design does,

>the banner was headphones and mics as ours before you changed it with the login in the header.

These are all clear imitations of our branding and design which you have on your site if you cannot see the similarities then your clearly not looking.

One of the designers is still in discussion regarding your infringement of his design and may contact you direct but this is his choice.

As i mentioned earlier if your looking at approval then your not going to get it but i will not be lowering myself to name calling and such as its not the way we compose ourselves.

You have made your position perfectly clear and its a shame you attempt to come into the market in such an unsuitable un-agreeable manner.

To me this is attack is no different from the emails i posted above and nothing has changed.


Nick

sputnik radio
5th November 2006, 19:01
I will admit that i did not design my site.
I bought it.

Maybe that is what you should do mr.d1n1
. is buy you a nice little canned site and then just customize it to your likings.


Im not much of a designer myself.

RadioRevolt
5th November 2006, 21:28
nick,

the sites are similar... but then again a lot of sites are similar.

The sites are different enough to be different. For example your tabs go up and his go down. His site has margins yours has none. Your site uses red arrows his uses blue. Your logo uses a microphone, his uses wave patterns. Your site uses a top and bottom border line, his utilizes a full border line to enclose the main content.

no judge will rule that he stole your design, they are far too different, even though they do have the same layout. There are no clear exact copies of your site so you cannot stop him from using a similar design (e.g. myspace vs. phpfox). For example Wal-Mart and Lowe's both use Blue and White lettering and have a garden center to the right of the store. The buildings are also mostly gray... but there are enough differences to differentiate the two.

I have seen this same design a million times, sorry but you won't get a peep out of an IPP, and ISP or anyone on this. They are just far too different.

here I play devils advocate:
> the logo is black and red the same as the streamsolutions banner.
big deal lots of banners are red and black... you gonna come after me?

>the left nav is exactly the same but you have coloured the arrows blue (previously red)and the text highlights red as you mouseover.
that same nav design is used in e107, mamba, joomla and php-nuke themes. you going to go after all of them? I am certain one of those designs was around before you.

>the top nav is our main site tabs but they are upside down
You stole the tabs from Amazon.com, now give them back!

>the page colour and layout is exactly the same with the product set blocked in the middle and pricing in red to empasize things as the ss design does
white background and black text with main product in the middle? wow.... you are the only site to ever use that.

>the banner was headphones and mics as ours before you changed it with the login in the header.
well he is trying to make his more different, so you should not complain.

mr.d1n1
5th November 2006, 23:20
Originally posted by sputnik radio
I will admit that i did not design my site.
I bought it.

Maybe that is what you should do mr.d1n1
. is buy you a nice little canned site and then just customize it to your likings.


Im not much of a designer myself.

I said before I have a paid designer (soon to be fired lol).

Thanks for your understanding all of you. :cry:

Eitherway, I came into the business with another design, made by me

xhilaration
8th November 2006, 14:39
that site is a total rip off and copy infrigments of streamsolutions or did you know you had a exact replica of streamsolutions site design?

SlightMadness
8th November 2006, 16:12
OH get a life damn..you talk about people ripping your stuff off...BIGT DEAL..GET OVER YOUR SELF..YOUR WEBSITE'S ARNT THAT IMPRESSIVE ANY WAYS..BOTH OF YOU.ONE HAS A MIC.ONE HAS WAV'S...there are Many...Many websites that look the same.you say you paid a designer to do your website.hell you got ripped your self.I do graphic design.I see My work all over the internet where people use it for something else.should I get pissy about it.maybe? But I dont, I see it as If someone like's My work well enough to use it then go for it..It just means I ROCK at what I do.I know for a fact the Mic's your using in your Design didnt come from you.Neather did the FONT you choise to use.when you create a Design and think it your own be damn sure you create it all.all the way down to the FONT lettering.I dont give a damn who you are.ITS HARD as hell to come up with a design that is compleatly your on.someone has already thought of it..and for another just because you design something to use on the internet dont mean someone hasent already got it on there Store sign.so infact maybe your design is ripped from someone else as well..but back to your website layouts.Your defently not the first to use that layout.hell Ive use that type of layout back when Angelfire was free...and thats a long time ago..
so in closing...GET A LIFE

dotme
8th November 2006, 16:20
Originally posted by SlightMadness
OH get a life damn..
ROFLMAO - New user, first post on the forums. Let me see... Could this possibly be the webmaster of the site in question?
Originally posted by SlightMadness
I dont give a damn who you are..
I'm not sure anybody gives a "damn" who you are either. But I'd stick to graphic design if that's what you do, because your punctuation and spelling skills aren't that strong...lol

bored_womble
8th November 2006, 19:46
i would suspect they do not do it for a living either, as if they did, there would be a better view on people using content they have produced, yet seen no income from.

but then using the word 'shoutcast' as part of the website name is pretty piss poor anyway as it really does show a lack of imagination all round ...

BW

tuckerm
8th November 2006, 21:38
Originally posted by SlightMadness
OH get a life damn..you talk about people ripping your stuff off...BIGT DEAL..GET OVER YOUR SELF..YOUR WEBSITE'S ARNT THAT IMPRESSIVE ANY WAYS..BOTH OF YOU.ONE HAS A MIC.ONE HAS WAV'S...there are Many...Many websites that look the same.you say you paid a designer to do your website.hell you got ripped your self.I do graphic design.I see My work all over the internet where people use it for something else.should I get pissy about it.maybe? But I dont, I see it as If someone like's My work well enough to use it then go for it..It just means I ROCK at what I do.I know for a fact the Mic's your using in your Design didnt come from you.Neather did the FONT you choise to use.when you create a Design and think it your own be damn sure you create it all.all the way down to the FONT lettering.I dont give a damn who you are.ITS HARD as hell to come up with a design that is compleatly your on.someone has already thought of it..and for another just because you design something to use on the internet dont mean someone hasent already got it on there Store sign.so infact maybe your design is ripped from someone else as well..but back to your website layouts.Your defently not the first to use that layout.hell Ive use that type of layout back when Angelfire was free...and thats a long time ago..
so in closing...GET A LIFE

Spaces might help?

FS-Randy
8th November 2006, 22:53
I say there's nothing to worry about... taking it to public discussion shouldn't even be neccesary. As of now, the site looks different enough. Next time, just cite the DMCA with their network/server/webhost provider and be done with it. However, I don't know if UK based companies can use the DMCA.

Shang_Tsung
8th November 2006, 23:39
Originally posted by huperphuff
Why are you posting this here?
Well good question to ask.

xhilaration
9th November 2006, 15:28
Originally posted by SlightMadness
OH get a life damn..you talk about people ripping your stuff off...BIGT DEAL..GET OVER YOUR SELF..YOUR WEBSITE'S ARNT THAT IMPRESSIVE ANY WAYS..BOTH OF YOU.ONE HAS A MIC.ONE HAS WAV'S...there are Many...Many websites that look the same.you say you paid a designer to do your website.hell you got ripped your self.I do graphic design.I see My work all over the internet where people use it for something else.should I get pissy about it.maybe? But I dont, I see it as If someone like's My work well enough to use it then go for it..It just means I ROCK at what I do.I know for a fact the Mic's your using in your Design didnt come from you.Neather did the FONT you choise to use.when you create a Design and think it your own be damn sure you create it all.all the way down to the FONT lettering.I dont give a damn who you are.ITS HARD as hell to come up with a design that is compleatly your on.someone has already thought of it..and for another just because you design something to use on the internet dont mean someone hasent already got it on there Store sign.so infact maybe your design is ripped from someone else as well..but back to your website layouts.Your defently not the first to use that layout.hell Ive use that type of layout back when Angelfire was free...and thats a long time ago..
so in closing...GET A LIFE


HEY DIP TARD, Angelfire is still FREE like Tripod, Freewebs & Geo Cities. Unless you are getting PAID hosting through Angelfire, Tripod, Freewebs or Geo Cities, then you are paying for it DUH.

Last time I checked, angelfire WAS & IS FREE!...

Also on the note, dude please LOVE OF GOD use correct english. You sound like a run on letter oh wait, you ARE a run on letter sorry my bad lol

sputnik radio
9th November 2006, 16:15
ahhh its been probably a decade since ive been to an angel fire or tripod website.

memories

MegaRock
9th November 2006, 16:48
Gee, am I the only person that heard of several options that prevent site stealing like HTML encryption or the use of active languages like PHP and ASP where it is all but impossible to steal the original site verbatim? If you create a simple website any one and their mom can simply use one of many programs to lift the entire site to theirs and pretend to be you. If the majority of the site and content resides in a databse it's alot harder to do.