Is it legal to buy a domain and republish a website?

Asked 10 months ago - El Cerrito, CA

I recently discovered that somebody in Eastern Europe has bought a domain name I used to own and partially republished my old personal website that was connected to it (presumably pulling source HTML and image files from the Internet Archive). This site includes a current e-mail address and outdated information that I no longer need/want published as I now have a new website & domain for this purpose. Is this some kind of scam and is there legally anything I can do to have it removed?

Attorney answers (3)

  1. Lucas Seth Michels

    Contributor Level 11

    2

    Lawyers agree

    Answered . You may have the ability to have the new website taken down through submitting a copyright infringement notice to the Internet Service Provider (ISP) hosting the new site. An ISP takedown is a relatively inexpensive, quick and effective means to takedown a website hosting infringing content. If the new site used your old site's content with permission, you may qualify for this protection.

    However, utilizing an ISP takedown depends on: (1) whether the content on your old site qualifies for copyright protection; (2) which country or countries the ISP is subject to jurisdiction; and (3) whether the country or countries where the ISP is subject to jurisdiction maintain ISP takedown systems.

    If an ISP takedown is unavailable, you may also be able to seek a judicial injunction against the new site, however this is a more prolonged and expensive process, especially if done abroad.

    To help you analyze whether you may submit a ISP takedown and whether you should do so, you should seek a qualified IP attorney to assist you.

  2. Athina Karamanlis Powers

    Pro

    Contributor Level 17

    Answered . This is a very serious issue. Specifically since the republishing of your site was from an eastern european county.
    There are many fraudulent schemes that start with the described republishing of your site BY A third party.
    What to do? There are specific legal steps you must take first to protect yourself and then to take down the site.
    Depends from specific factor that you need to discuss with an attorney that knows fraud,internet and international law.
    Some of us in avvo like me we are fraud examiners (CFE's) and international lawyers that handle issues like yours

    Disclaimer:Attorney and Fraud Examiner.One of few that are Certified Fraud Examiners (CFE). The information... more
  3. Luca Cristiano Maria Melchionna

    Contributor Level 15

    Answered . Concur with Mr. Michels. Through the DMCA the ISP, once receives an infringement notice, must remove certain materials from the user's website. Please consult with an Internet or IP attorney. Best,

    This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given... more

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