Alan, I must say that I am amazed that you had the gall to post this on a public forum 2 days after I sent you a formal notice of copyright infringement (see below) for copying this very content from my website. If anyone wants to verify the original author of the above, all they need to do is check the internet archives, which trace it back to June of 2005 on my website http://web.archive.org/web/200506280818 ... rvices.htm Apparently your "ethics" don't extend to not engaging in plagiarism. I guess it's no wonder you got into hot water with TREC for making misleading claims to consumers http://www.trec.state.tx.us/complaintsc ... Licno=5194 Next time you want to publish something of "yours", make sure you didn't steal it from someone else. You disgrace the profession. *************************** -----Original Message----- Sent: Sunday, November 04, 2007 10:17 AM To: 'tw3@comcast.net' Subject: Notification of Copyright Infringement Importance: High Alan Austin - Proprietor of Diligent Property Inspections, I am writing to notify you that you have published content and/or graphics on your website www.do-diligent.com which belong to and are copyrighted by HomeCert, LLC and me and are originally published on my website www.HomeCert.com. These items include, but may not be limited to http://www.do-diligent.com/01-general-i ... ndence.htm. While we do realize that this may have been done for you by a third party or that you were unaware of the Copyright laws pertaining to Internet content, this is intellectual property which belongs to me. Your unauthorized use of this content is an infringement on my rights under Federal Copyright law. I request that you immediately remove all copied content from your website and any other marketing materials to avoid me taking legal action. Please acknowledge receipt of this message and provide a date (no more than 48 hours) by which you will have the content removed. If you fail to do so, I will turn this over to my attorney and will notify your hosting service provider of the infringement (upon official notification, the ISP is required to disable your website). Our intellectual property was produced at considerable effort on our part and we consider it extremely valuable. We will defend our rights to it vigorously, if need be. I have included the portion of the Federal Copyright Act which specifically addresses damages. please make note of the potential statutory damages for willful infringement. § 504. Remedies for infringement: Damages and profits (a) In General. - Except as otherwise provided by this title, an infringer of copyright is liable for either - (1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or (2) statutory damages, as provided by subsection ©. (b) Actual Damages and Profits. - The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work. © Statutory Damages. - (1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work. (2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. Your prompt attention to this matter is appreciated. Looking forward to your reply.