Laurel - Stolen Lit Story - Tara on a Tear

[Dixon Carter Lee]

In case you don't see any of the other messages I've sent you...

Dillinger found this: http://concept-q.com/en/show/10/810/0.html. It's my story "Tara on a Tear" posted at an "upload your story" site.

To whoever at Lit uploaded my story -- thank you, I know you weren't "Stealing" it really, but you did it without asking (and against copyright laws and against an exclusivity agreement I have with Literotica). Please don't do it again.

 

[Dixon Carter Lee]

This site also has stories from:

Kip Carson
English Bob
Tawny T
WriterDom
Hullo Nurse
Endlessly
Risia Skye
Creamy Lady
Bluemanii
Flagg
LUVNTHOTS
Nobody Special

And that's just a story search through the "As". I'm sure three are many others. If you speak to any of the above please alert them.

I think the site is set up so that anyone can be a "Host" of a section and sell banner ads. Obviously someone came to Literotica and lifted a ton of stories hoping to become a "Host" and make money. Not cool.

If you're an author looking to see if your story is there you might want to start here: http://concept-q.com/en/browse/10/asc/name/all/0.html. The navigation on the site is horrible and the search doesn't work. Good luck.

 

[Angel]

Thankfully, my work sucks too bad to be worth stealing.


They've even got Deborah's stuff on there. We should warn them they will die now.

 

[WriterDom]

Carl East
AnonSky
Xander
Mr_Neb
Roger Simian
Silkyheat
LadyProf

Got the search to work once and came up with 18 stories from Tawny T

 

[Guest]

Wow... scumbags! Damn. And who knows how many stories could be there that were renamed and posted there?

Pretty fucked up.

I guess we should see if any of the other author's listed here gave them permission before screaming bloody murder?

 

[bluntforcemama]

If you look at it alphabetically vs. chronically, you'll see a disturbing pattern. They also have stories from other Literoticans there:

Jenna
Kymberley
MunchinMark
Alex De Kok
Iceman00776
Carl East
Fanta C
Bob Waters
Che
HotScribe
AnonSky
MorganHawke
Roger Simian
Kerrie O'Keefe
Andrea Stevens
Mr_Neb
Xander
Softly
Bluesmanii
Muse
Paul Bridgeman Jr.
Dirty Old Man
Leslie Lee
TinMan
Jenna Ink
Dakota Ryan
AnonOne
Rick Dean
Please Clothing Off!
YNOT
MistyRein
Bill Stevenson
SilkyHeat
Suzie Samuels
Latina
Kombi
Clayton

 

[Dillinger]

Wow... scumbags! Damn. And who knows how many stories could be there that were renamed and posted there?

Pretty fucked up.

I guess we should see if any of the other author's listed here gave them permission before screaming bloody murder?

That was me... don't know why I wasn't logged in.

 

[Dixon Carter Lee]

I know Laurel has "purchased" stories from many Lit authors before to give to various sites, but this site gives no credit to Literotica, and seems to come from Holland.

It's strange that 1) the author's names weren't changed and 2) so MANY stories were taken, this must have taken days to do, and 3) so many of the authors are old timers, which makes me wonder if this isn't some legal thing Laurel put together. Hmm.

It looks like the site's only been up since July, so not too many people have been reading the stories, and I was the first to post anything on their Message Board.

Weird.

Thanks again to Dillinger who found this.

 

[bluntforcemama]

I'm SCREAMING BLOODY MURDER! FUCK THEM!

 

[Laurel]

This person has no permission from us, and we have no idea who he/she is.

We're on the case! I'll report back with updates. Thanks for catching this!

 

[Dixon Carter Lee]

Thanks, Laurel.

If anyone else would like to send them a complaint you can e-mail them here: http://concept-q.com/en/cweb/10/0.html

 

[Lord Wolf]

Theft

I don't know whether I should feel lucky or shamed that my stories weren't stolen. Seriously, I write the stories because I have a good audience at lits and I like the folks. I DO NOT want other sites to cash in on our work. Laurel, please continue to look into this.

Thanks

 

[cymbidia]

Nothing of mine was taken. I think. So either
(a) i don't write well enough for them to bother stealing it, or
(b) they've got no interest in hardcore bdsm stories.

Hmmm...
eeney meeney miney moe...

 

[Kymberley]

How can they do this???

Wow. Thanks so much Myst and Dix. I never would have looked for mine to be there but they have three of them.

Please let us know Laurel what is up.

Thanks

 

[Mischka]

Sorry for the length, but I tried to cut the article down to the relevant portion concerning this topic. I thought the Lit authors may find this interesting:

From the Mondaq Business Briefing, June 11, 2001:

United States: A Trademark Is Not A Copyright Or A Patent

By Mr William M. Borchard

What Is A Copyright?

A copyright seeks to promote literary and artistic creativity by protecting, for a limited time, what the U.S. Constitution broadly calls the "writings" of "authors."...Copyright only protects particular expressions of ideas, not the ideas themselves. And a protectible work must be "original," i.e., not copied from another source (although two separately protectible works theoretically could be identical by coincidence). The work also must not be so elementary that it lacks sufficient creativity to be copyrightable.

Copyright Owner's Rights.

The creator basically has the exclusive rights to reproduce the work, to distribute the reproductions, to display and perform the work publicly, to make derivative works, and to authorize others to do any of these things.

How Copyright Is Obtained.

The moment you have created and fixed a copyrightable work in a tangible form, such as by writing it down or recording it on tape, it automatically enjoys copyright protection whether or not it has been published or registered....

Notice Of Claim To Copyright.

No copyright notice is required or even prescribed for an unpublished work. However, you may affix a statutory copyright notice to all publicly distributed copies of a work in a manner and location giving reasonable notice. The copyright notice consists of all three of the following elements:

-- the symbol (c), or the word "Copyright," or the abbreviation "Copr." (except that for sound recordings the symbol is used);

-- the year of first publication (which may be omitted on greeting cards, postcards, stationery, jewelry, dolls, toys, and useful articles); and

-- the name of the owner of copyright, or a recognizable abbreviation of the name, or a generally known alternative designation of the owner.

...[O]n works created on or after March 1, 1989, a copyright notice is no longer mandatory. However, you should use a copyright notice anyway because an innocent infringer, relying on the absence of notice, is not liable for actual or statutory damages before receiving actual notice of the copyright. Furthermore, a court may even grant the infringer the right to continue the infringing activity provided it pays a reasonable license fee to the copyright owner.

Any person who uses or removes a copyright notice with fraudulent intent is subject to a fine.

Copyright Registration.

You can register the copyright in any published or unpublished work at any time during the period of copyright by depositing in the Copyright Office two complete copies of the best edition of the work (one is enough in some cases) together with an application and a small fee. The copies accompanying your application satisfy the Library of Congress deposit requirement.

Failure to register the copyright does not invalidate it, but prompt registration is a good idea because:

-- It is a prerequisite to suing an infringer (except for works originating in a Berne Convention state other than the U.S.);

-- You cannot recover statutory damages or attorney's fees for infringement of a published or unpublished work commenced before its registration unless you registered the copyright within 3 months after first publication of the work;

-- A certificate of a copyright registered before or within 5 years after first publication is prima facie evidence of the validity of the copyright and the facts stated in the certificate;

-- You can record the certificate with the U.S. Customs Service to protect against the importation of infringing works; and

-- Registration is the best way to preserve the necessary copyright information about the work.

How Long A Copyright Lasts.

This is a complex area because the term of copyright largely depends upon when the work was first published and whether or not the copyright was federally registered or renewed. Copyrights secured from 1964 through 1977 are deemed automatically renewed for a total of 95 years.

The general rule for a work created on or after January 1, 1978 is that the copyright lasts for the author's (or surviving joint author's) lifetime plus 70 years after the author's death. But the copyright in a "work made for hire," or in an anonymous or pseudonymous work, lasts for 95 years from publication or 120 years from creation, whichever is shorter....

Who Owns A Copyright.

The individual or joint authors of a work initially own the copyright. But the employer or party commissioning a work automatically is deemed to be the "author" of a "work made for hire" if either:

-- the work was prepared by an employee within the scope of employment; or

-- the work was specially ordered or commissioned, and is one of nine specific types of works, and most importantly, is expressly agreed to be a "work made for hire" in a written instrument signed by both parties...

What Constitutes Copyright Infringement.

Copyright infringement generally is the unauthorized use or copying of the work. It usually is difficult to prove copying, so the copyright owner normally tries to prove that the alleged infringer had "access" to the work and that the two works have "substantial similarity" from the viewpoint of an ordinary observer, after which the burden of proving independent creation shifts to the alleged infringer...

Remedies For Copyright Infringement.

The federal law makes willful copyright infringement for profit a crime, the penalties for which depend on both the number of copies reproduced or distributed during a given period of time, and whether it is a first or subsequent offense.

Criminal penalties range from a fine of not more than $25,000, or imprisonment not exceeding 1 year, or both, for first offenses infringing any type of work; and up to $250,000 for individuals and $500,000 for organizations, or 10 years, or both, for a second or subsequent offense of certain types. In addition, a court may order seizure, forfeiture and destruction or other disposition of all infringing reproductions and all equipment used in their manufacture. Additional penalties apply to trafficking in counterfeit record, film, and computer program labels and documentation. And fines and imprisonment can be imposed or willful copyright infringement by electronic means, such as by putting someone else's work on the Internet without permission, even if it is not done for profit.

The following civil remedies are also available to the holder of any exclusive rights in the copyrighted work under the federal law:

-- an injunction against future infringement;

-- impounding and destruction or other disposition of all infringing reproductions and the articles used to make them;

-- the actual damages suffered by the copyright owner;

-- any additional profits of the infringer;

-- instead of actual damages and profits, at the copyright owner's election, statutory damages for all infringements of any one work from $750 to $30,000 (subject to reduction to $200 in some instances, or to increase to $150,000 for willful infringement);

-- full costs including a reasonable attorney's fee; and

-- a civil fine imposed by Customs against the importers of counterfeit goods.

International Copyright Protection.

First publication anywhere in the world of a literary or artistic work may affect its copyright status elsewhere. So international treaties are particularly important in the copyright field. The U.S. has bilateral copyright relations with approximately 100 countries, about 90 of which (including the U.S.) are members of the Berne Convention which provides for copyright protection meeting certain minimum standards without formalities.

Many commercially important countries (including the U.S.) have ratified the Universal Copyright Convention which requires foreign works to have the same copyright protection as domestic works. Berne Convention protection has no formal requirements, but in 20 countries which are members of the UCC but are not members of Berne, a published work must bear a copyright notice consisting of (c), the name of the copyright proprietor and the year date of first publication, in order to be considered to have complied automatically with any local formal requirements in each other UCC member country...

WIPO Implementation.

The U.S. has implemented international copyright treaties sponsored by the World Intellectual Property Organization (a) prohibiting (starting October 28, 2000, subject to specified exemptions) the direct or indirect circumvention of technological measures to control access to a copyrighted work, and (b) prohibiting (starting October 28, 2000) the knowing provision of copyright management information that is false, the intentional removal or alteration of such information, or the distribution, importation or public performance of works knowing that copyright management information has been removed or altered.

Criminal penalties, for proceedings commenced within 5 years from the offense, range from a fine of not more than $500,000, or imprisonment not exceeding 5 years, or both, for the first offense; and up to $1,000,000, or 10 years, or both, for any subsequent offense. The civil remedies are substantially the same as those for copyright infringement, except that the statutory damages range from $200 to $2,500 for each act of technology circumvention, and from $2,500 to $25,000 for each copyright management information violation, subject to trebling for repeated acts or violations committed within 3 years after a final judgement.

 

[KillerMuffin]

I wonder if I should be pleased or offended. I only post two places, here and at bri's site. That would truly piss me off.

 

[Debbie]

This is absolutely terrible!!! I hope we can find out who is responsible! We all work really hard at wrinting for Lit and to think that someone can 'take' stories (without asking) is really bad.

 

[bigrednz]

Somebody should insert thier computers where the sun don't shine, as slowly and as pianfully as possible.

 

[cymbidia]

Mischka, thank you.

*Very* good info, very relevant and topical, very necessary to know.

 

[RisiaSkye]

Wow....

I've always known this was possible, but it's weird to have it happen.

Any updates? I couldn't get the site to load, so I'm not sure what's up.. if they've been deluged in mail or something and crashed. (I wish.) But, it also means I can't even find out exactly what they took.

I hate that they did it without asking. They could have had the damn thing if they asked...now I want blood. Fuckers.

 

[Markov Cain]

Oh god, the author is worried about plagarism again. Defend your smut to the death. Jeez, get a life! I mean outside of hanging out at star trek conventions...

[edited - laurel removed slanderous comments]

 

[Never]

Markov Cain
"Oh god, the author is worried about plagarism again. Defend your smut to the death. Jeez, get a life! I mean outside of hanging out at star trek conventions..."

I've met slugs that are more attractive then you.

 

[Dixon Carter Lee]

Any updates? I couldn't get the site to load, so I'm not sure what's up.

Woo-Hoo. My story is gone, and so are many others. Yesterday they had 677 stories posted. Today they have 188. Yea for the good guys. Thanks to all who supported the (probably) 100 or so Literotica authors whose work was stolen.

And Markov? How's that FBI case coming?

LOL

Ineffectual dweeb.

 

[Dixon Carter Lee]

Found this in an old Archie Comic Book...

 

[Dixon Carter Lee]

This one from a Silver Surfer: