October 11, 2012 at 18:27Is copyright provable during rewriting?
I immediately warn that in this post there is no answer to the question indicated in the title, but there is a story that made me look for an answer to it.
The story began on September 20, when we, zhukich and I , working on our project on housing and communal services, read about the opening of the state project "Housing and Communal Services" (from NP Housing and Public Utilities Development and the state corporation "Fund for Assistance to Housing Reform"). We went in and looked, weresadly upset and already wanted to close it, but my eye was hooked on the text of one page ...
The fact is that we published a very, very similar post in our LiveJournal about a month before, here is an excerpt:
In general, it is clear that the text was simply copied and slightly rewritten. Something circled in my head like “Damn, this is a state structure, have they really come to this?! ...”, and my hands already wrote a letter to Andrey Chibis , sort of like the person in charge of this project. The text is not a pity to us and its reprinting indicates that it is written well and correctly. But just like they did in NP Housing and Communal Services Development, a state-owned company, it simply undermines faith in people. There was no intelligible answer to our request to remove the text or put a link to the original (there was an answer in the spirit of “We are doing the same thing, let's work together” - yeah, one-way cooperation).
We are advised to go to court and we are considering this option. But we, unfortunately, are not strong in copyright law and it is impossible to understand to the end whether such a phenomenon is provable. We would be glad to know the opinion of the community - perhaps someone who has such experience, help or advice would not hurt us.
As at least some evidence of the primacy of our text, we can cite:
1. data on pages in search engines;
2. The history of the creation of the document in Google Docs, - because the article was written right there online, you can restore its appearance in full detail.
Already, we see several disadvantages of going to court, because of which they have not done anything so far:
1. in any case, it will take time and effort, but I don’t want to get distracted from the main thing (my project), time is running out;
2. there is no certainty that our evidence is sufficient, and that rewrite will not be considered a separate work of copyright;
3. there is no understanding of possible compensation and sanctions against the defendant in the event of a successful outcome.
Thus, we want to know the opinion of the community - is copyright provable during rewriting? Does it make sense to get involved in litigation?
UPD: Thanks to everyone who spoke out, the best advice in our opinion is from a ChemAli user : Be stronger: write a note in yourself that they say you are so cool that even “state-owned companies” quote you, despite the presence of their super-paid and experienced specialists. And then score and move on.
The story began on September 20, when we, zhukich and I , working on our project on housing and communal services, read about the opening of the state project "Housing and Communal Services" (from NP Housing and Public Utilities Development and the state corporation "Fund for Assistance to Housing Reform"). We went in and looked, were
In general, it is clear that the text was simply copied and slightly rewritten. Something circled in my head like “Damn, this is a state structure, have they really come to this?! ...”, and my hands already wrote a letter to Andrey Chibis , sort of like the person in charge of this project. The text is not a pity to us and its reprinting indicates that it is written well and correctly. But just like they did in NP Housing and Communal Services Development, a state-owned company, it simply undermines faith in people. There was no intelligible answer to our request to remove the text or put a link to the original (there was an answer in the spirit of “We are doing the same thing, let's work together” - yeah, one-way cooperation).
We are advised to go to court and we are considering this option. But we, unfortunately, are not strong in copyright law and it is impossible to understand to the end whether such a phenomenon is provable. We would be glad to know the opinion of the community - perhaps someone who has such experience, help or advice would not hurt us.
As at least some evidence of the primacy of our text, we can cite:
1. data on pages in search engines;
2. The history of the creation of the document in Google Docs, - because the article was written right there online, you can restore its appearance in full detail.
Already, we see several disadvantages of going to court, because of which they have not done anything so far:
1. in any case, it will take time and effort, but I don’t want to get distracted from the main thing (my project), time is running out;
2. there is no certainty that our evidence is sufficient, and that rewrite will not be considered a separate work of copyright;
3. there is no understanding of possible compensation and sanctions against the defendant in the event of a successful outcome.
Thus, we want to know the opinion of the community - is copyright provable during rewriting? Does it make sense to get involved in litigation?
UPD: Thanks to everyone who spoke out, the best advice in our opinion is from a ChemAli user : Be stronger: write a note in yourself that they say you are so cool that even “state-owned companies” quote you, despite the presence of their super-paid and experienced specialists. And then score and move on.