It’s been about four months since I last updated you on the status of the lawsuit filed against GoPetFriendly.com by the publicly-traded company that copied and republished 228 of my blog posts. Until now, there were no new developments to report – but things are moving forward again, and I want to keep you up to date.
If this is the first you’ve heard about the case against GoPetFriendly.com, you may want to read my previous posts:
228 of My Blog Posts Were Stolen and Now GoPetFriendly.com is Being Sued for $5 Million
Update on Copyright Infringement Case
About six months ago, GVCL Ventures, Inc. filed for declaratory judgement against GoPetFriendly.com in US District Court in Nevada. Basically, they’re asking the court to rule that they did not infringe on my work and bar me from suing them for copyright damages. In their claim they demand $5,000,000, but do not explain how they were damaged or state how the amount was calculated.
Simply filing a lawsuit does not set the wheels of justice into motion … you actually have to serve the person with legal documents notifying them that a suit has been filed against them. My attorney and I thought that GVCL might not serve me and just let the matter drop. We were wrong – I was served.
Once I received service, I had two options. The first was to do nothing, in which case the court would find for the plaintiff by default – GVCL would be granted their judgement, and I’d be prevented from suing them for infringing on my work. Obviously, that wasn’t really an option.
Instead, I hired Philip Kantor, a highly respected intellectual property attorney who is licensed to practice in Nevada. Since the case against GoPetFriendly.com was filed in Nevada, we needed an attorney there to represent us, and Philip is one of the best. He and his colleges reviewed the case against GoPetFriendly.com and filed a response in US District Court, making it clear that we won’t be walking away. In addition, they wrote a letter to the opposing attorney suggesting that we settle this matter, as most cases do, before going to trial.
In the time we’ve been working together, I’ve already learned a lot from Attorney Kantor. The most important thing he explained to me is that, in cases of copyright infringement, the law allows the victim of the infringement to sue the individuals who were responsible personally. That’s a big deal, because liability doesn’t end with some hard-to-pin-down corporation – the actual people who caused the infringement to occur will be made to pay any judgements imposed by the court from their personal assets.
If more people knew this, my bet is that there would be a lot less infringement! But it’s easy to overlook to overlook this direct, personal liability, because it is different from rules that apply in other areas of the law – this is unique to IP law.
According to what Attorney Kantor has told me, the primary guidance on copyright law is Nimmer on Copyright. Here is the applicable paragraph from the Nimmer treatise (fully supported by citations to authority not reproduced here):
If a corporation commits an act of infringement, its individual officers, and its parent corporation will be liable as related defendants if there is a substantial and continuing connection between them and the corporation with respect to the infringing acts. Thus, an officer of an infringing corporation will be personally liable if he either participates personally (and other than merely in his corporate capacity) in the manufacture and sale of an infringing article, or if he uses the corporation as an instrument to carry out his willful and deliberate infringement, or if he is the dominant influence in the corporation and determines the policies that result in infringement, or if he derives financial benefit from the infringing activities either as a major shareholder or through other means, or on the basis of some combination of the above criteria.
Nimmer on Copyright, § 12.04[A][1].
We don’t want to say too much about this, in case the other side is reading my blog, but we feel we have strong standing on this issue. In addition, Attorney Kantor is familiar with the judges assigned to the case and has the utmost respect for their knowledge in the area of intellectual property rights, which has me feeling optimistic about our prospects.
Your Support Means So Much
Writing about my case and asking for your help back in December was really difficult for me – it sounds so ridiculous, but I have this idea that I should be able to handle everything on own. Asking for help has always been uncomfortable, but doing so in such a public way felt embarrassing … even humiliating.
Now I realize that reaching out to you is one of the best things I’ve ever done. So many fellow bloggers, photographers, and other creators wrote to me about having their work stolen. I quickly learned that I wasn’t alone, and came to realize how big this problem really is. We desperately need to do something about it!
The other gift in this was the opportunity to see how many people care about me, about my blog, and about what we’re doing here. The notes of support and contributions to our legal defense fund blew me away. You are all amazing, and I don’t have the words to express my gratitude for your support in this fight.
We Will Move Forward
Little businesses like mine are bullied all the time by larger publicly-traded companies with far more financial wherewithal. Litigation is expensive … so expensive that many people who’ve clearly been wronged can’t afford to pursue justice. Thus far we’ve incurred $14,938 in legal fees, plus deposited a $5,000 retainer with the Las Vegas law firm. I need your continued help to defend GoPetFriendly.com and stand up for all bloggers. Together we can show content thieves that their actions have consequences!
If you have the ability, I’d very much appreciate your contribution to the GoFundMe account for legal fees. All the funds we collect will go toward defending GoPetFriendly.com from this $5 million lawsuit and pursing the infringement case for my work. We are moving closer, but there’s still a way to go. Thank you!
-Amy, Rod, Ty and Buster
Planning a pet friendly trip of your own? We’ll make it easy:
Pet Friendly Hotels | Pet Friendly Destinations | Pet Friendly Activities
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Thanks, Wendy – will do!
GoPetFriendly.com – Certainly was a surprise. I learned a lot. Each case is unique. I really like your content and the information is excellent. We’ve traveled with our dogs (and cat too!) and it can be a challenge. Hang in there!
I’m so sorry this happened to you, Wendy! And thanks for the information on WIPO. We should have more news on my situation by the end of next week.
Hi Amy – been through this. And it was not fun. Site registered in 2002 and in use for Company. Company #2 incorporated in 2005 began doing business under that same name and started sending cease and desist letters and complaints. Dispute was handled through WIPO. http://www.wipo.int/…/decisions/text/2010/d2010-0506.html
April Carhuff-Manning Yes, we have the dates and locations of all our events posts at events.gopetfriendly.com and as we finalize the details we’re sharing those on the blog and on our Facebook Events page. Hope to see you!
GoPetFriendly.com Amy, do you have an actual trip itinerary posted anywhere?…I tried to figure when and where you would be just to say hello….I love keeping up with Ty & Busters adventures!
LOL! Everyone wants to meet the boys, and Rod and I are used to it, April Carhuff-Manning. Hopefully next time!
It’s so frustrating, Diana! These companies think they can get away with whatever they want, and the most you can do is ask them to remove the photo or blog post from their site. Our legal system needs to be changed to better protect people whose work is stolen. I’m sorry you also deal with this, and I hope we’re able to make a difference.
Thanks so much, Bob! I really apprecaite your support and I’m sorry we didn’t get to chat in San Antonio. Hopefully we’ll cross paths again. Until then, waggin’ trails to you, Sarah, and Bastian!
Hey Amy! I was parked right next to you at the KOA in San Antonio for the first week of March while in town for a work-related meetup. I wish I’d have gotten a chance to stop by with Bastian and say hi, but our schedule’s didn’t permit it. Sarah and I wish you guys the best as you continue to fight your case. Our donation is on its way – I look forward to you winning the case and setting a solid precident for future cases of infringement.
Although I don’t really blog, I am a pet (mostly cat) photographer and constantly am alerted to photographs of mine that have been used, without permission, in *commercial* news and entertainment online articles. One even recently REMOVED my signature from the image before posting in the article. I wish you all the best in fighting this insanity!
GoPetFriendly.com …Thank you so much for your reply Amy…I wish I had known when and if you were stopping for a break when passing through NJ…I would have loved to meet Ty & Buster…Oh, and you & Rod too of course!…
Yes, in all my spare time, that’s exactly what I’m supposed to do, She La. =D If only I weren’t so busy trying to run a business, right?! I guess lawyers need to eat, too. One thing I always try to remember though – and you nailed it – is that people don’t do anything they believe is wrong. Everything can be justified in the mind of someone motivated to do it. And this isn’t personal … they just didn’t want to pay to create a website, and mine was one of the blogs they chose to steal from. I’m sure in their minds the risk was much smaller than the potential reward. Of course, not every pet blogger valued intellectual property in their previous life. They just messed with the wrong blogger. ;-)
Thank you, Tess! We all have to stand together in cases like this, and I’m just glad that my experience and the things I’m learning through the process can help others.
Thank you, April. It’s possible that they, like me, didn’t know that they could be sued personally for copyright infringement. Hiding behind a corporate entity is much easier than having your personal saving account on the line. Perhaps this knowledge will have an impact on their decisions going forward. I hope that your case is moving along as well, and that it’s not weighing to heavily on you – financially or emotionally.
Are you supposed to copyright each blog post and create a complete archive of your blogs with their original post dates in an effort to protect yourself from “I want free money for stealing” bullies”??? Such self-entitlement!!And what of the attorneys representing the plaintiff? Does this not speak volumes of the type of people they are as well? Can one cleanly separate representing greed from going home and be a good person? The two just don’t go hand-in-hand.It’s always interesting to question the subjectiveness regarding ethics and how lines can be drawn, moved, removed, bent to favor rightly or wrongly……. etceteraI’m sorry this has happened to you. What an age we live in.
I am a part of a huge creative freelance community. These kind I people prey on small, independent business ownets, writers, painters, and the list goes on.Thank you for fighting back for all those who can’t d
Thanks so much for the update Amy…I have been thinking about this and wondering what was happening…I too, am involved in litigation and I understand that it moves so ever slowly…Glad to see things are moving along…I just don’t understand how in the world they think they have a case!…Crazy!…I’m sure you will prevail…
I’m convinced they didn’t think I’d be able to hire attorneys and fight back, Nicole. Obviously, they were wrong. ;-)
Thank you, Donna! It’s hard to justify blatent copying of content – especially when anyone can find the evidence as plain as day on the Internet archives services. I’m so glad things worked out well for your husband’s company.
Thank you, Pamela – I’m blessed to have a community that supports me and understands the pain of having their hard work infringed upon. Any difference we can make will be a step in the right direction.
Thanks, Michael!
Thank you, Elizabeth!
Best of luck with this fight, and thanks for the update. Can’t believe they are are actually going forward when they have caused issue.
Many companies make lawsuits part of their business strategy. It’s part of how Walmart managed to get stores built even in towns that strongly opposed them. So impressed with your courage in taking on this battle. And thankful that you’re willing to fight on in a cause that will benefit all kinds of writers and artists working online.
Good luck
That would be poetic justices, wouldn’t it, Harold?
Yes, my understanding is that there is little/no case law on theft of content from bloggers, Cathi – mostly because what blogger can afford the expense of litigation, right? If this goes to trial we’ll be estabilishing a precedent, which could give bloggers in the future more footing in settlement negotiations, and provide guidence for courts dediding cases with similar facts. Thank you for your support!
Wishing you the best!
Share away, Cathie! I really appreciate the support and help raising funds. Truthfully, I need all the help I can get. Thank you!
You think they may be reading your blog? I think they may publish it as their own work! Carry on!
If you prevail would your case become precedent for future cases like yours? I would think that is good motivation for bloggers to contribute to your cause. Any one of us may find ourselves in this situation someday. If there is a preceding case it would help all of us.
Ok, it’s obvious that these people are scum. Any good posting anything about this on other fb / social media outlets or would it do more harm than good. Really want to blast these guys but want to get the word out so others can help.
I’ve always been a bit of a fighter, Barbara – especially when the circumstances are so compelling. Thank you for the note.
Thank you so much, Jim and Rita! The support we’ve received means everything to us. And thank you for traveling along vicariously – it’s been beautiful in your favorite part of the country, and we’re excited to get to Bar Harbor this week!
Thank you for your determination in seeking justice.
I could absolutely throw up reading this. I hate that you have been put through this nonsense. I have followed you on FB and never realized this was going on. I always look forward to your posts and noted that you are in my most favorite part of the country right now. I am going to share your story. I also will be heading over to your GoFundMe account when I return home tonight. We will see that you can afford to fight this incredible injustice. Hang in there Amy, Rod, Ty and Buster.