November 17th marks the three-year anniversary of the day I discovered someone had stolen my blog posts. For the 17 months leading up to that day, every post and picture I’d published had been duplicated on the website of a publicly-traded company. And a month after notifying the company that I intended to seek compensation for copyright infringement, they filed a lawsuit against GoPetFriendly.com for declaratory judgement and damages of $5 million.

If this is the first time you’re hearing about this legal battle, you might want to read my previous posts:

Dec 2016 – 228 of My Blog Posts Were Stolen and GoPetFriendly.com is Being Sued

Feb 2017 – Update on Copyright Infringement Case

June 2017 – Copyright Infringement Update: I’ve Been Served

Dec 2017 – Copyright Infringement Case – One Year Later

 

The Settlement

Movement on this lawsuit has been incredibly slow. The infringer’s many delay tactics were, no doubt, meant to wear me down emotionally and drain my finances. And they were nearly successful.

Facing another major investment of funds to prepare for trial, in February we proposed a settlement agreement. After initially accepting our offer, months of foot-dragging, refusal to sign documents, and periods of sporadic communication followed. Eventually, we had to file a motion asking the judge to enforce the settlement agreement, which he did on October 16th.

GoPetFriendly.com received a $30,000 cash settlement from Mr. Neziol. While this covered only a fraction of the legal fees we incurred, reading that he resigned as president and CEO of the company on October 15th brought some additional relief.

In addition, GoPetFriendly.com was awarded a judgement for $200,000 against the company, which is now called Rain Forest International, Inc. Whether we’ll be able to collect on the judgement remains to be seen.

Finally, we’re waiting for the judge to rule on a motion for judgement in default that we’ve filed against the two other people who ran the company during the infringement period. They didn’t respond to our counterclaim, and therefore lost by default. This motion should just be a formality that will allow us to file a judgement against them. According to the law, they are personally liable for the damages in a copyright infringement case, so hopefully we’ll collect another chunk of the legal fees we’ve incurred.

 

What I’ve Learned

In addition to learning about copyright law and the legal system, this lawsuit has been a personal growth experience for me. Rereading the early posts I wrote on this subject is hard. I still feel the righteous indignation that I felt when I learned someone had stolen my work. But this has been a brawl. And it has taught me some valuable lessons:

  • Even when you are 100% right, getting resolution can take considerably longer than you (or your attorney) ever imagined.
  • While it’s emotionally painful to walk away, it’s hard to quantify the financial and spiritual costs of confrontation.
  • Carrying negative energy is exhausting and affects everyone around you.
  • Stubbornness, resentment, and smugness are all symptoms of an over-inflated ego.
  • Attention is a limited resource, so spend it furthering your passion.

It might sound like I regret pursing this lawsuit, and that’s not the case! First, we won. We’ve created a precedent in federal court of a blogger suing for and receiving compensation for her work. But more importantly, the realizations I’ve had to face made me a better person. It might turn out that I’ll pay far more for these lessons than I did to go to college, but they were worth learning.

 

Thank You!

So that’s where we stand today. I can’t tell you how much I appreciate the support – both emotional and financial – that you’ve provided through this process. Your generosity has taught me that there’s no shame in asking for help. And that the world is full of wonderful, kind people. Thank you, from the bottom of my heart.

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  • Yay! I’m glad to hear that you have finally prevailed. There is justice even if it is hard won. Congratulations! Now time to take a vacation.

  • Congratulations! I know what a long slog it’s been and every now and then I’ve wondered what happened to the suit. I can only imagine how wearing it’s been on you, so thank you from your fellow bloggers, current and future, for hanging in there.

    • Thanks, Edie. It’s amazing to see how the legal system is stacked in favor of people with either unlimited resources or no scruples. Hopefully things will change!

  • Wow — I am indignant on your behalf. These corporations think they can just steal the hard work of smaller fish in the sea with no consequences. I wish I had known sooner to contribute to your legal fund. Hopefully your hero status among other bloggers is one non tangible payoff — it is so cool that you set a precedent in the courts that will help all of us. Congratulations!

    • Thanks, Chris! Truth be told, I do still hold a grudge. I’d like nothing better than to give these guys a swift kick in the pants … but spending their money improving GoPetFriendly will be rewarding, too!

  • Congratulations on winning, you’ve done wonders for the entire industry. Thank you for fighting!! I’m sure it’s been an extremely difficult time and I hope things only get easier from here on out. I still can’t wrap my head around someone stealing your posts in the first place but I’m so proud of you as a fellow blogger for sticking up and taking a stand. All the best

    • Thank you, Ioana! It’s my hope that the legal system will change so that people don’t have to face these types of battles simply to protect what’s theirs.

  • We love you guys and are so proud of you. Those of Us who have been fans and friends for years are excited by the legal precedents you’ve helped to set and have learned so much from you along the way. Your pioneering spirit shines through in every situation you find yourself in. Huge hugs and high fives!! Bonnie, Michael, Abby Sunday & Cache

    • Thanks so much, Bonnie! Without the support we’ve received, none of this would have been possible. That’s actually another lesson that I learned through this process! The internet can be such a big and anonymous place, but the friends we’ve made at GoPetFrindly are real. I’m forever grateful for each and every one of you!

  • Amy, I’m glad you’ve received some of the settlements and judgements you deserve. For the last year my wife and I have been going through a legal battle with a contractor who believes they are entitled to full payment for a renovation despite damaging the majority of the materials they supplied and other well documented issues. They have used the same delay tactics for over a year trying to get us to just settle. We’ve finally gotten movement on the process and hope for a resolution by the end of the year. Thank you for standing up to shitty people. Not everyone has the patience to fight these battles but they do need to be fought. Good luck on the continued process and collecting what you’re due!

    • I’m so sorry to hear you’re going through that, Anon! Thank you for your support, and I hope for a speedy and satisfactory end to your legal battles, too.

  • Glad you’re coming to the end of your saga. I hope that you feel that one of the positive things that came out of this experience is your leadership and encouragement of other bloggers.

    Even if most small website owners won’t go to court over their own property being stolen, it probably helps them to learn that they have rights and their content has value.

    • Thank you so much, Barbara. I just hope that my experience can help others. At least if someone decides to pursue litigation, they might have a better idea of what’s ahead of them.

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