Cabot News, Volume 9,
Issue # 71
Friday, July 15, 2005
Rose Clarke, Editor
Not interested in receiving
future issues of Cabot News?
Leaving is easy...scroll to the end of this issue for the details.
~~~~~
In this issue:
Prime Ads
Super Ads
Here’s what’s happening at Cabot Mall
Rose’s Ramblings
Another Perspective (Guest Article)
Ezines of Note
Meet a Fellow Reader (Reader of the Week)
Lighten Up! Have a Laugh
Ponder This Today
New Weekly Ad-Code
Weekly 3-line Ads (on the house...ad-code required)
Housekeeping (How to leave the Cabot News List & other important stuff)
~~~~~
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Cabot News A`d Rates
To have a copy of our very reasonable adv`ertising rates returned
to you by auto-responder,
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And...here ya go...a sweet deal to spice up the summer blahs. We’re offering our
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~~~~~
Put your feet up. Pick up your mouse.
Surf on over to Cabot Mall.
Check out our “Gifts” Section...
Sunshine, rain, snow, hot, cold...whatever the weather,
Shopping’s always a pleasure at Cabot Mall.
http://www.cabotmall.com/crafts.htm
~~~~~
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~~~~~
Rose’s Ramblings
Hi Readers. Welcome to Friday’s issue. It’s been raining cats and dogs all
day...we needed a good soaking as things were really dry. I guess I should
mention I’ll be taking two weeks off from publishing starting July 26,
resuming again August 9. I’m taking in a conference in Quebec City. A busload
of us from across Newfoundland & Labrador are doing the trip, leaving July 26,
returning August 4. I’m really looking forward to this as I’ve never been to
Quebec City, and anticipating visiting some historic sites.
Pick up your new ad code in this issue. Thanks for reading.
Cabot News is a marketing newsletter so expect to see ads. Why not take a few minutes
to check out some of the offers of your fellow marketers.
You may add 2 lines
and your business url when you contribute to any of the following:
How much do you know about
our fair province of Newfoundland & Labrador? Send us just one trivia item to:
mailto:contact-us@cabotmall.com?subject-NL-trivia
Connect with fellow readers by letting us know what part of the world you live in:
mailto:contact-us@cabotmall.com?subject=im-from
As a reader, we invite you to tell us a little bit about yourself and give a brief description
of your business for our Reader of the Week for Friday's issue each week.
mailto:contact-us@cabotmall.com?subject=profile
We welcome general comments, suggestions, musings, insights, etc. Letters to the editor may
be used (in whole or in part) in an issue, so if you'd rather not be quoted, just say so in your
email and we’ll respect your wishes. :-)
mailto:contact-us@cabotmall.com?subject=comments
These are some ways we say thanks to our loyal readers.
If you wish to send me
articles, please do it through my list, ‘Article Review’ at Topica.
mailto:ArticleReview-subscribe@topica.com
~~~~~
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Another Perspective
Competition is Good, Copying
is Bad
Copyright 2005 Sharon Housley
I've always been of the opinion that competition is a good
thing. It encourages all of us to be better and make better
products. While it might be true that imitation is the
sincerest form of flattery, copying someone else's work is
simply wrong.
We recently came across a competitor using our sales copy.
The competitor was using a web graph showing the traffic on
one of our sites, along with our sales copy to promote
their competing application. Digging a little further, I
realized that their competing application was, in both form
and function, identical to our application. The competing
program contained identical screenshots, custom program
icons and our help documentation. While the code of the
program was, in fact, different, it was clear that our
copyright had been violated.
We are not the first company to have our copyright violated
and once the initial emotional reaction passed, we took
action.
Dealing With Copyright or Trademark Violations:
Who, What and Where
Before reacting, it is important to do homework and
research the alleged content violator. Arm yourself with
information. Determining the who, what and where will guide
you in taking the appropriate steps.
Determine WHO is violating your copyright
Research the website: do a Whois lookup to determine the
site's owner. The domain owner can be found by entering the
domain into http://www.whois.com and
clicking on the link
that says "Whois Lookup". If the copyright on software has
been violated, check the PAD file for the author and
release date.
Determine WHERE the website hosting is located
Determine where the website is hosted. Web hosts located in
progressive countries will be more cooperative in
addressing copyright violations. After determining the
webhost's location, check the host's Terms of Service (TOS)
and Acceptable Use Policy (AUP) to determine the level of
cooperation you will likely receive. More often than not, a
physical address and detailed information on how to report
an abuse claim will be found in the webhost's terms of
service.
Determine exactly WHAT violations have occurred.
When determining if a copyright violation has occurred, it
is important to go back to the question of what constitutes
a copyright violation.
Copyright is a form of protection provided by the laws of
the United States (title 17, U.S. Code) to the authors of
"original works of authorship." This work can be literary,
dramatic, musical, artistic, or similar intellectual works.
Copyright protection is available to both published and
unpublished works. It is illegal for anyone to violate any
of the rights provided by the copyright law to the owner of
copyright. It is important to note that ideas can not be
copywritten, and while it may be morally and ethically
questionable, cloning a software application is not a
copyright violation, yet copying a helpfile is a copyright
violation.
Copyright protection exists from the time the work is
created in fixed form. The copyright in the work of
authorship immediately becomes the property of the author
who created the work. Only the author or those deriving
their rights through the author can rightfully claim
copyright. Evaluate the violator's work to determine if
text, graphics or any of the program or website's artistic
qualities are the same as your creative works. Print hard
copies of any documents and save electronic versions of web
pages and executables. Capture screenshots of offenses,
save documentation or the Help file that contains any
duplications of text. Enter the URL of the offending
website into http://www.archive.org to
see the website's
history and determine a timeline during which violations
occurred. Look and feel can be subjective, try to focus on
obvious or flagrant violations. Copied text or Help files
is obvious when filing a complaint with web hosts or other
third parties.
What is Next?
If you feel your copyright has, in fact, been violated
there are a number of steps that you can take. Contacting
third party service providers is a good starting point.
Make a list of the providers with whom you can contact to
report the violations.
1. Hosting
2. Online Ordering
3. If Software, Download Sites
4. Associations or Organizations
Aside from service providers, consider using existing
relationships with parties who have a mutual interest or
relationship with the other party. Often, knowing key
people can result in a rapid response and increased
dialogue with the purported offender.
Send simultaneous emails to each of the parties identified.
Include details of the violation; using a PDF that displays
screen captures or copies of text violations with website
pointers is helpful. In the email, explain the action you
wish to occur. If you want the web host to remove the
website, say so. Also, ask that they keep you apprised of
the situation.
In most cases you will receive responses from webhosts or
registration services that require you to provide
additional details so that the infringement can be
investigated. It may seem obvious to the copyright holder,
but the web hosts typically have a contractual agreement
with their clients and are legally obligated to research
any infringements before removing hosting or registration
services.
Send a Cease and Desist letter and an email detailing that
a copyright has been violated, include a reasonable
deadline by which the offending copy or application should
be removed. It is not necessary to provide the offender the
details of the violation, as it is likely they are already
aware of the offenses that have occurred. These actions
will generally open a dialogue with the offender. If the
offender ignores requests to remove the material that
infringes on your copyright, pursue action with third party
services. This will likely get the offender's attention.
Artists, developers, and writers all work hard to create
unique material and copyrights should be respected by all.
About the Author:
Sharon Housley manages marketing for FeedForAll
http://www.feedforall.com software for
creating, editing,
publishing RSS feeds and podcasts. In addition Sharon
manages marketing for NotePage
http://www.notepage.net a
wireless text messaging software company.
~~~~~
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Reader of the Week
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This could have been your spot.
~~~~~
Husband: Why do you weep and snuffle over a TV program and the imaginary woes of people you have never met?
Wife: For the same reason you scream and yell when a man you don't know makes a touchdown.
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~~~~~
Ad Code for your
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Submit your 3-line ad in the form provided here:
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Ads with more than 3 lines, without the ad code or using too much filter
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to be seen by...you guessed
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~~~~~
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~~~~~
Ponder This Today
To look backward for a while is to refresh the eye, to restore it, and to
render it the more fit for its prime function of looking forward.
Margaret Fairless Barber
~~~~~
That’s it, readers. Have a nice weekend. Keep smiling. :-)
Rose
~~~~~
If you enjoyed this
issue, tell a friend. If you see room for improvement, tell us. <smile>
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~~~~~
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Houskeeping
You are receiving Cabot News
newsletter for one of these reasons:
Either you are a Cabot Mall merchant, you have come to us from our
website or from an ad we placed, or you have come by way of an ezine
co-op s`ubscription service or leads program.
Please keep a record of the address you are s`ubscribed with. We appreciate
each one of you, but if you have to leave, scroll to the end for instructions.
With your su`bscription, you
acknowledged that there will be
both in-house and third-party a`dvertising in the content of Cabot News.
Please note:
All information concerning the products or services advertised in Cabot News
is provided by the person placing the ad. The posting of ads does not imply
endorsement by Cabot News, its owners, or its service provider. Cabot News,
its owners and service provider are not responsible for the content of the
ads, promises made, the quality and/or reliability of the products or services
offered or the legality of the advertisements appearing in each issue.
Advertisers are responsible to check local, state or provincial, federal and
international laws pertaining to products business opportunities or services
offered.
Be wise when responding to ads. Although we reserve the right to refuse any
ad, we can't be responsible for checking the legitimacy of all offers
advertised in Cabot News. For follow up or more info on any ad, use the
contact information given by the advertiser.
We respect your privacy and use your addresses only for our Cabot News mailing
list.
Not interested in receiving any more issues of Cabot News? Go here: http://www.cabotmall.com/off.htm and enter the address you want deleted. This will be easy to do
if you submit the correct details. If you’re not sure of the address, adding your name to the form may help me find it. If none of this works, don’t get cranky with me...please...I’m a softie...email me and we’ll try to figure it out together. <smile> That’s http://www.cabotmall.com/off.htm to leave the list, or hit reply and ask to be re.moved.
Cabot News is published Tuesday, Thursday and Friday of each week.
Owners and
operators of Cabot Mall, Publishers of Cabot News:
Rose Clarke & Carla Robinson
Springdale, NL, Canada, A0J1T0
Telephone (709) 673-4647 (709) 673-4223
http://www.cabotmall.com/newsletter.htm
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(c) 2005 Cabot News. All rights reserved. No part of this publication may be
reproduced in whole or in part without the express written consent of the
publishers.
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