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HiThere
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Copyright question regarding a website Sitebuilder
« on: Jan 21st, 2004, 4:53pm »
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I have a question regarding webhost site builder and copyrighted code. I recently purchased a webhosting package including a custom graphics set, use of the hosts site builder to build my site, custom made meta-tags, a custom cursor, shopping cart etc. when my site became unviewable  due to a problem with the site builder and I couldn't reach the host for help, I decided to move my website to a new host. Now the old host says he wants everything back (except for my custom graphics) because it was all built using his site builder (which was included in the package I paid for. He said it's his code and he will sue me if I don't remove it. Can he do that? Or do I have "use rights" since I purchased the package?
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M. Arthur Auslander
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Re: Copyright question regarding a website Sitebui
« Reply #1 on: Jan 22nd, 2004, 7:49am »
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Dear HiThere,
 
The complexity cannot be solved in a paragraph or two here. A lot depends on the written agreement and if in fact you are now using his copyrighted code contrary to the agreement.
 
 
 
« Last Edit: Jan 22nd, 2004, 7:49am by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
Hi There
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Re: Copyright question regarding a website Sitebui
« Reply #2 on: Jan 22nd, 2004, 8:26am »
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Well that's part of the issue. There was no stipulation that my site couldn't be moved (with all it's purchased contents) when I signed up for the package. I've also scoured the hosts' web site and found nothing regarding moving a site built from his site builder. Any ideas?
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M. Arthur Auslander
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Re: Copyright question regarding a website Sitebui
« Reply #3 on: Jan 22nd, 2004, 9:24am »
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Dear HiThere,
 
The complexity of the situation solved on a back and forth basis like this could go on for days. If you give me a call we may be able to narrow the issue. At some point though there may be the questions of legal fees but that will not happen until there is a better picture of the legal issue and a mutual understanding. Note the significance of "Reality Check" and "Elaine's Workshop"(E arly L egal A dvice I s N ot Expensive). It is not what you pay but what you get.
 
 
 
 
 
 
« Last Edit: Jan 22nd, 2004, 12:26pm by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
Reality Check® ELAINE's Workshop®
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Re: Copyright question regarding a website Sitebui
« Reply #4 on: Jan 22nd, 2004, 11:07am »
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Just my two cents worth:
 
Unless there is something in the hosting agreement about exclusive rights, the web site built should belong to the person who purchased it and then built it, even if the software resides strictly on the host's computer. It
is a service provided at a cost and therefore belongs to the purchaser.
 
A lot of people threaten to sue.  If he's an individual then he can represent himself, if he's a company he'll need a lawyer.
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