Published in CHIP 06/2006.
The duplication of webs and graphics is as old as internet itself. At first it were just hesitant duplications of background of web pages made by more skilled and wittier creators. Later animated gifs started to be duplicated as well. With the technology development also the technology of duplicating advanced rapidly. Relatively common are duplicates of webs related to free time. Do you want to show off with a web that contains information about your favourite game but you dislike writing all the pages of text into your computer? Ctrl+C and Ctrl+V from some other fan’s pages will take care of it…
Up to this border it is just a question of morality, honour and laziness. But similar attempts appeared lately on business field. Actual jural cause is a suit against company Infercom led by Alzasoft. Alzasoft found out that on www.infercom.zshop.cz are used photographs and texts from Alzasoft’s internet shop (www.alza.cz). From expert’s report it is clear that during March 2005 (when the expert’s report was processed) the expert managed to identify 33 identical texts and photographs of displayed products. The expert didn’t rule out the possibility that there could be more identical products displayed.
The result of the law-suit is a settlement ratified by Regional court in Prague. A part of this settlement is a condition that Infercom will pay for all costs related with the law-suit (cost of the expert’s report, court fees, costs for legal representation…). This law-suit was a strong warning to all who consider internet to be a “free for all” zone.
Published in Computer 10/2006 and on server Živě.cz.
Stealing of web pages’ content is not a widely discussed subject in Czech Republic. Nonetheless sly businessman can be found even in this area. Instead of working hard on creating texts and photographs it’s easier to take over a work already done by someone else - exactly this was done in the case of law-suit between Alzasoft and Infercom.
The development of web pages inherently entails hard work and effort starting with time devoted to the work and ending with financial expenses. Lately a lot of internet shops which compete against each other in e.g. quality of web pages, low prices, delivery services or range of products, spring up in Czech meads and plains. Recent law-suit of two fishes from this pond, Alzasoft and Infercom, brought an unexpected revival of this problem and warning to the future.
We take everything, photographs and texts
Demandant – company Alzasoft, found out that on Infercom’s internet shop are texts and photographs belonging to Alzasoft. Alzasoft has ordered an expert opinion on the base of these findings to document Infercom’s internet pages.
During March, the one month when the expert opinion was processed, the expert identified 33 identical photographs and texts. Essential in this case was that the product's photographs on Alzasoft’s web pages were of higher quality than on Infercom’s pages. All product’s legends, except for one, were identical as well.
It was enunciated that the identity of the web pages was not coincidential and therefore it is an unfair competition and infringement of copyright. Unfortunately the content of web pages is still perceived as something abstract, something which is not governed by various laws.
The author must agree
The takeover of texts and photographs from Alzasoft by Infercom surely was without doubt infringement of copyright. From a broader point of view any original work on internet pages can be understood as an author craft no matter if it’s a photograph, music or unique text. Not only the page as a whole but also any part of it is subject to legislative protection. If you take over an original photograph you can’t count with the “it was just one picture out of hundread” type of argument to vindicate yourself.
The best way how to avoid a law-suit is a request for the author’s consent. Without this consent it is possible to use the author craft only for personal use. Like in normal life applies the golden rule that stealing is wrong and if someone does not obey it he must accept the consequences of his actions – in case of infringement of copyright he must be prepared to pay a fairly big pecuniary sanction.
Alzasoft closed the whole suit against Infercom by a settlement ratified by Regional court in Prague. Integral part of the settlement is, among other things, that the whole suit will be publicized in media and that Infercom company must pay for all costs related with the law-suit – cost of the expert’s report, court fees and costs for the legal representation as well.
Pictures and legends of the cooler look exactly the same (left Alzasoft, right Infercom)
Pictures and legends of the net router Edimax is not a coincidence as well (left Alzasoft, right Infercom)
Another of the uncoincidential similarities – on the left is offer of Emgeton media in Alzasoft’s internet shop and on the right is the same product offered on Infercom’s internet shop
