Should I rewrite this article?

[LadyHoldem]

Richard Marcus copied one of my more popular articles.. it's kinda old and it has a few links pointing to it..

hxxp://www.richardmarcusbooks.com/2007/12/another-online-poker-scandal-not-again.htm

Should I rewrite mine now so that it doesn't match the one he copied here?

[T]

Have you tried to contact him to shut down the article or directly contact his host?

Threat them with DMCA.

[LadyHoldem]

He did actually give me credit in the article, and it is legal to quote other pplz work for the sake of discussion or something like that. I guess I could re enable his link in my OP and probably get his attn pretty quick like though.

I honestly read his site pretty often, and Im not sure I 'mind'. I'd have of course rather he he used a small piece with a link.. but i don't think he did it maliciously, just without realizing..

He did beat me in the search though so G probably gave him credit for the original .

[Unknown Webmaster]

I would send him an email asking if he would mind adding a link back to your site, because you fear that some automatic systems (Google) may have registered him as the original author of the article, and now think that you are plagiarizing him, because his site is so popular.

I'm not sure if that would fix the problem, but I don't think it can hurt to try...

[scrawnybob]

if he is citing "fair use" under copyright law for him using the article in its entirity or near entirity ...

then he cant

seriously the amount of flagrant copyright breach and theft on the net due to wrong use of the "fair use" arguement is unreal

stolen unpaid for use of images being the worst (hence me giving up an 18ys career) but also with articles and copy ...

it doesnt matter who it is and afaiks he should know better - dont let them get away with it ...

you wrote the article - NO-ONE is entitled to use it in its entirity or even close

fair use in the case of an article would allow them to maybe pick out a few very short sentences that they take issue with on opinion or fact or want to use as a point of discussion

they cannot publish it all without having your permission - and then agreeing to your terms eg. paying you / permanent credit / link etc or whatever

the fact that his unauthorised copy of your copyright material is ranking about yours is more than enough reason for you to insist on a link to the full article and them removing the bulk of the copy so itdoes comply with fair use rules

cheers scrawnybob

[cprpoker]

Absolutely NOT fair use:

The 'Fair Use' Rule: When Use of Copyrighted Material is Acceptable - Free Legal Information - Nolo

[pokerworx]

I would ask for something like

Full Tilt Poker - Another Alledged Online Poker Cheater Busted and Banned linked to an article directory on your site

November 30th, 2007 Written by Cathy "LadyHoldem" Roberts Owner of xxx.com Your other link, just saying your name is not really linking back to your site and not asking for permission is bad to.

[scrawnybob]

agree with above - at the very least as an apology for the way they shouldnt have done things - and also get them to remove the bulk of the article and reduce it to short relevant snippets ...

this will

a) make it comply with proper fair use

b) make it more likely people will (as they should have been direct to) go through to your site to read YOUR full article in full

good luck - and stick to your guns

I bet if the boot was on the other foot he'd have been on you like a rash in double quick time

cheers scrawnybob

[Graham]

Your article should be well indexed by now so google should be able to figure it out. I would tell him if he is gonna copy the article word for word then you at least want a link back to your site. If he doesn't do that then take further steps.

[pokerextras]

It won't matter to google that he copied the whole article as long as his version links to yours, you'll get the credit. Tell him to include the link or remove the article.