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Originally Posted by pornlaw
Agreed but since they arent responding then it does matter since if he hasnt registered the copyright then he cant file for copyright infringement. If he has registered he can file and serve the host and I can guaranty the site will come down. Lawsuits usually result in a very quick response.
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He can of course register, it only takes a few minutes, then file suit. You have to
register before filing suit, but you do NOT have to register before the infringement occurs.
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Ok, so the OP is speaking of protecting design / layout, and perhaps the webhost (ISP) already did respond?
Anyways, design / layout is a different, complicated issue ... some of that can potentially be addressed utilizing trademark law (trade dress in particular), which is a totally different thing than copyright.
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If someone had copied the general design to make a SIMILAR site, that, I think,
would be trademark or design patent material. However, I think he said it's an exact
replica. If it's an exact replica, meaning that the HTML is identical, including all of the
text, that sounds like simple copyright to me. The text on the page, and the HTML,
is protected by copyright just as much as the images are.
I had to think for a minute whether the HTML itself would be under copyright, but
then it occurred to me that the source code for any software has copyright, though
the user normally doesn't see the source. The HTML source for a web page is very
much like the C sourcefor a program - a textual work that the user doesn't generally
see, but is nevertheless covered by copyright.