Claiming You Are the Original Author or Creator

[souperdave]

Need some guidance........

Seems that a buddy of mine created more than a few high-quality items that were put on a publicly accessible website for free download. These items are rather intricate and have an associated 'read-me' sub-folder in the zipfile that states the creator retains sole right for distribution and/or use by users and third-party participants.

The thing is, now there is a new website that has pirated some of the items and are claiming they not only created them, but have tweaked the contents just enough to make it look proprietary to their site. Another thing is, there has been no "official" copyright registration of any of these freeware creations, either by the original designer-creator or the pirate site. And they are soliciting donations with the claim: "Please donate, we work hard to make these."

So far the only thing they've worked hard at is stealing programs then claiming they made them!

Here is an example of the read-me notation:
Legal:

This aircraft is (restricted) FREEWARE. All rights to this model belong to Axxxxxxx Rxxxxx Lxxxxxxx

and is avalable only at:

xxxxxxx SIMULATIONS AND DESIGNS

WWW.xxxxxxxxx

Is there anything that could be done to either get the pirate site to remove the purloined items or give credit where credit is due? Thanx in advance for any help! I'm thinking that being there was never any officially registered copyright then my bud may be up the proverbial creek.

[Mr. Knowitall]

If your friend is in the U.S., he can send DMCA take-down notices.

[souperdave]

Thanx Mr. K! He may not have a legal remedy though because he never officially copyrighted any of his creations. At least I don't think he ever did. In all of the freeware items he put up exclusively on one site all he ever did was just include restrictions written by him prohibiting copying and/or redistribution.