I have held my tongue on this issue (or should I say, my keyboard) in the hopes of settling it privately. I admit that I’m not the most patient person (my fiance can affirm that), and it took a LOT of my willpower not to tell the public about it. Our team at SheeroMedia had tried to settle it “peacefully,” and yet, we were snubbed outright. I knew the repercussions if I blogged about the issue: people will react, and when they do, I’m sure as hell that it won’t be good for that person’s business. And if I don’t, it won’t be good for MY business. But hey, I’ve got my own bills to pay and I do what I have to do. The same way he did what he had to do when he copied my design concept.
I have no other purpose of telling my story but to protect my interests, more specifically, my business as a web / graphics designer. In this field, a ripping-related issue is a huge taint in a person or company’s reputation and portfolio. Wicked Innovations’ image had gone down the drain the moment they screwed with ArcadeGameScript.Com. I don’t want the same to happen to my beloved SheeroMedia, so I believe it’s my duty and responsibility to make this clear.
The design concept of Sikreto.Com is mine, the design concept that the author and site owner, Al McCaw (Al Sembrano), had a full refund for. The implementation of the site had slight changes from the original, but the design concept per se is unchanged. See for yourself:
This is my original concept:
This is a screenshot of my unpaid design concept with minor revisions live on the Sikreto.Com site:
And you would have thought that the unauthorized AND unpaid use of my design concept ended with the homepage. No, you’re very wrong. He even implemented my design concept for the inside pages:
Again, this was my original:
And the same but unpaid inside template concept in action:
The sad, sad irony of it all is that the book is all about getting rich. The book is entitled, “10 Sikreto ng mga Mayayaman (10 Secrets of the Rich).” I have never read his book (nor do I have the intentions of doing so after what he did to my design), but it really makes me wonder why somebody who claims to know the “secrets” of getting rich would demand a full refund for a concept, then take that concept and ask some developer (who is apparently willing to take someone else’s work) to do some minor changes and implement it.
This issue was actually brewing already since late June, when I first found out that he used my concept on Mayaman.Com, a few weeks after he demanded for a full refund. The reason why he demanded for his money back was simple: he wanted us to put up the demo site (the HTML and CSS version of the design concept) on a location in our server BEFORE he signs the contract. He claims that he had some issues with it. Our point was, if he had issues with it, he had to settle them with us first. I am not a lawyer, but I think I have enough common sense to know that the conditions and deliverables in a contract are only implemented after an actual agreement where both parties have AGREED and signed it. Do correct me if I’m wrong.
We didn’t give in to his demands. Why should we? He didn’t want to sign the contract, and yet he wanted us to do our end of the deal without him doing his part? I’m not some gullible idiot who would willingly give away my source code to somebody who apparently had “issues” with the contract we prepared. I may not be a computer genius, but I know enough about the internet and browsers to realize that a simple File > Save Page As > can lead to my code being copied. What interest was I protecting there, you ask. Simple. I knew he loved the design (he said so himself), and I wanted to have my bases covered when things do get ugly (which, they eventually did). What if he saves my HTML code and CSS, then asks some ethics-impaired developer to integrate it into OScommerce? When he demanded a full refund, we did as he asked within the same week.
Sad to say, I was right. Only a few weeks after that refund, he had my design concept implemented on his Mayaman site. As pissed as we were, we did the “professional” thing: we tried to talk to him about it, but we were snubbed. Anne was only able to talk to his PR guy, and when the PR guy got back to her, Al told him to “tell Gail to talk to me.” Sorry, but again I can’t help but say, WTF?!! What? He wanted me to come running after him after he blatantly used my concept without permission and without paying for it? Really now. Do I look that much of an idiot to you?
I had drafted an entry at Filipino Web Designer but never got around to publishing it. Aside from the fact that my lawyer friend hadn’t had the time to look over it yet, I have to admit that I had wanted to give him the benefit of doubt. Maybe he just didn’t really understand that he can’t use a design concept that he didn’t pay for? Oh, boy. What a fool I was.
He changed the layout on Mayaman after some time. I had thought that he suddenly realized the viral effects of blogging, or even grew a conscience. I talked about the issue briefly, but made sure not to mention his name. What was the point of sharing my traffic with him? Again, I was wrong. He intentionally used it on Sikreto.Com. I don’t know what he’s trying to achieve with it, but this is already something else. Can you really make the same mistake twice like that?
It’s pretty obvious that he had the site done by a programmer, not a designer. Because I think a real designer would know the difference between blatantly using somebody else’s design concept and getting “inspired” by it. Clients pay for the “concept,” the “look and feel” of a site, when you say, “designer’s fees.” Indeed they made some changes on it, but it’s still basically my concept. A totally different concept from that would be the new Mayaman design—you gotta give his programmer sans designer credit for that (unless that new concept was copied from another site too).
If stepping all over the “small guys” is the only way for me to get rich, I think I would rather stay poor.
UPDATE
Sept. 3, 2006: Guess what? I got a threatening message from Al himself. I got this on my phone this morning afternoon, thought you guys might want to see:
It’s a long message—must have cost him two bucks:
If you can’t read the screenshot (or just too lazy to download them), here you go:
“Gail n marc, al mccaw here. I wil giv u thru Sept 9 at 5pm 2 retract all of ur bad comments about me and my book. If u don’t, i wil begin 2 sue u 4 civil damages, defamation, and 6 other counts. And i wil also go public about ur unprofesionalim wit me. If u want to play hardball, its my expertise. Sana subokan mo ako. I liv dis kind of stuff. – al”
Nice. Kiven said his PR went up just by sitting with those guys (bloggers at the Globe Innove meet), and I got a threat for a blog entry myself just by sitting beside Abe! (Abe, dude, you’re contagious! LOL)
ANOTHER UPDATE
Sept. 4, 2006: Web Design = Book Design? Really now
You don't need an online mba to raise kids—just a lot of patience.
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- San Diego Flowers - Proflowers.com works with the growers and send flowers fresh from the fields.
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There are 70 comments to this entry:
Don’t worry whoever guy “programmer” that integrated your design is not so programmer after all, fire up your Firefox preferrably the latest release and see.
Zoticaic: Yeah. I do have the latest relase. Cute Flash animation they had there, don’t you think? It’s so… small :P
I guess the first secret to getting rich is to rip off design providers without paying, hence saving money. This is why I never even show designs on spec for major projects without first getting a downpayment and a signed contract which includes a cancellation fee covering work already done. That way his refund would rightly have been less the hours spent coming up with that design.
For what it’s worth, the code to execute the stolen design is AWFUL. Table cells everywhere.
Ok, bloggers unite… we know what do. We’re on your side. Watch this spread fast.
dapat i-google bomb tong post mong to ng mga main keywords nila! hahaha
Paulo: hehehe You have a point :)
Benj Arriola: Thanks, Benj. I really appreciate it. The fact that this guy totally snubbed our attempts to settle (of course, I hinted about the after effects of blogging hehehe),
I don’t think he really believes that blogging has a viral way of spreading info. Well………..Oh, I take that back. He now knows :P See my update. He’s threatening to sue me because I told everyone that he used my design without paying for it. I already knew beforehand the probable effects on his online sales if I blogged about it, but I also knew the bad effects of it if I didn’t. People should know, don’t you think?Mae: hehehe I don’t think there’s a need for that :P
someone should post this on digg
Maybe that’s one of the secrets of getting rich, sue for defamation….hehe.
Pathetic really.
Hay naku Gail…..as I always say…”In with anger…Out with love..”
Hi Gail. I normally suggest to site owners that go through your situation to file a complaint at the Intellectual Property Office.
Also acquaint yourself with local barratry law.
tsk. tsk. His site is located in a US server (US Nevada resellermatrix) . If I remember right, the Digital Millenium Copyright act covers US servers. I should know.
I once got a complaint from a visitor about copyright infringement on my customer. I talked to my customer to remove the photos . When he refused, i suspended his site. You know why suspended it ? Because that visitor could complain straight to my datacenter and put me out of business.
My customer knew he couldn’t do anything because copyright violations is in his Terms of Service. I strongly suggest you complain straight to the hosting company, and submit your evidence.
i was wondering why the post wasnt here even though technorati says differently…grabe naman yan.
What an asshole. I’ll never do business with cheaters like that. Yeah, you’re right. He probably got rich stepping on other people.
If secret # 11 is “Cheat your way to riches,” then I’d rather not. I prefer amassing a fortune thru honest means.
I think I’ll stick with Rich Dad.
Found this from Abe’s blog. I say screw him. If he’s secrets to riches, I say he leave us web designer/developer out of it. Just pay us what’s due us.
The treat of suing is so tiring really. That’s just it. A treat. Fight! Fight! Fight!
Hey, as long as you have the source files to prove that the design is yours, you have nothing to worry about (unless he also has the same files, then it’s down to a who-knows-his/her-way-around-the-PSD showdown). Hayaan mo siyang mag-sue, siya lang yung mapapahiya. ;)
The treat of suing is so tiring really. That’s just it. A treat
Err..
.
The threat of suing is so tiring really. That’s just it. A threat.
Fight! Fight! Fight!
Also, DEFAMATION is usually applied when done orally ie spoken.
If it’s in print ie BLOG, he should have mentioned LIBEL.
I maybe wrong.
He should consult his Lawyers. He’s rich isnt he, he should hire Fortun.
i think you have the evidence to prove that the design was yours and rightly belongs to you. even with the slight modification, it doesn’t take a rocket scientist to figure out na yon gamit nilang design is from your original work. i think Benjie is right about the difference of defamation and libel.
i think what you did by sharing this to the public was the right thing to do. i wouldn’t want to do business with a person/company who rips the design for his/it’s website. the public has the right to know.
i hope he gets what he deserves. “What goes around, comes around”. and to you Gail, keep up the fight and God bless! :)
sue? for blogging about HIS unprofessionalism? If he didn’t want his reputation tainted then he should NOT have done what he did. Sya ang may kasalanan kaya may nasasabi ang ibang tao. Sya pa ang nananakot!!!
Gail, you have the proof that what he did was wrong. Don’t get fazed by his threats.
One big fight Gail :)
naku, wag kang matakot. suportado ka ng boung blogging community. it simply shows na may mga tao pa rin na gustong umangat sa buhay , di man lang naiisip kung may naaapakan na silang ibang tao.
u tro to go to intellectual property office. sa pagkakaintindi ko sa kwento mo, ikaw pa rin ang dapat na nag mamay ari ng concept ng design mo…
mabuhay ka!
para namang basag-ulo yan… nanghamon pa.
I guess dapat ay ipamuka na lang sa buong pilipinas ang kakapalan ng mukha nung publisher….. kaya lang mukang sumisikat yung website nya dahil sa kakapalan ng mukha nya,,,,, well bakit ba sumisikat ang mga kriminal diba?
Digg it people
http://www.digg.com/software/Website_Rips_Off_Unpaid_Design_Proposal
I was able to read this post following the link at http://www.yugatech.com.
Based from your story, one way of being rich is stealing someone else’s design… well.. that’s the message that Chelsey McCaw Publishing, Inc. (Le Metropole Tower, Salcedo Village, Makati, Metro Manila, Philippines) is conveying to me.
First, i wont think he will sue you. kasi lalabas ang baho nila… And if ever they pursue with any charges.. babalik din sa kanila yan.
If that guy is saying that HARDBALL is his expertise, then he’s in the wrong field.. kasi “softball” ang labanan dito.. eto yung dahan dahan kang nasisira or bumabagsak ng hindi mo namamalayan… I’m surprised that the site (sikreto.com) is still up and running.. Isang hack lang dyan patay yan.. with the poor “programming” its easy to find holes and plant bombs.. lalo na when you can get the information pertaining to the site with just a few clicks.. eh minutes lang kailangan to bring that down.
domain: SIKRETO.COM
created: 21-Nov-2005
last-changed: 03-Aug-2006
registration-expiration: 21-Nov-2006
nserver: ns1.kompyuter.com 66.197.156.23
nserver: ns2.kompyuter.com 66.197.156.24
i’m not saying/encouraging na gawin ito.. pero pwede/posibleng mangyari yan.. Imbes na they become rich.. sa kangkungan sila pulutin..
tututukan ko to and i hope you post updates pag meron..
I know its not my fight… and kung tutuusin wala akong pakealam..pero hindi naman siguro masamang tumulong at dumamay diba?
I raised hell when my webmaster’s pooptographs were used by PCIJ in the book they published when the permission for publication was just for the website.
I raised hell when my website was plagiarized.
Do you want to raise hell?
defamation is a an action used for communicating statements that may harm an individual’s reputation or character. Oral is for speech and libel for written and other forms including electronic messages such as texts.
Write the webserver and complain about the copyright infringement.
Let him bring the case to the court if he is determined to do that.
What’s the evidence, your blog. hehehe parang nagbigay siya ng ebidensiya against sa kaniya,
These days, almost all things are copyrighted the moment they
are written, and no copyright notice is required.
Copyright is still violated whether you charged money or not,
only damages are affected by that.
I have dugg the story and I have linked to you on my site. I hope it helps.
I think that’s really pathetic. Sana gumamit na lang sila ng free tamplate. Madami naman nun sa monster template eh. Hehe.
I don’t know if it was sheer coincidence that I was also reading Robert Kiyosaki’s books (Rich Dad, Poor Dad/Cashflow Quadrant) when I first stumbled on sikreto.com. Reading the chapters one after the othert, I realized most of the chapters were eerily reminiscent of the same chapters on the books that I were reading. Why was it that the ten chapters of the books he’s marketing sound so similar to the chapters of the other write?
And now, the web site. I’ve only learned about this while blog-hopping (my starting point was Manolo Quezon III’s website). Why am I not surprised that he’s now doing the same for a web site design?…
Let he who is without sin cast the first stone…
ang masasabi ko lang…
PATAYAN NAAAAAAAAAAAAAA
Dugg!
I would not be surprised if the guy own a copy of
Robert Kiyosaki: Rich Dad, Poor Dad
and now publishes his own version of it.
More power to you, GAIL!
Naz,
The next thing we know, he might even come up with his own version of Cashflow 101/202. Or—horrors—even Mr. Colayco’s book (and workbook).
As it goes…bastusan na.
Let’s all link “sikreto ng mga mayayaman” to
http://kutitots.com/?p=304
In fact, kutitots is already #1 in google for that keyword.
I was telling everyone at a forum about gail’s
themes etc…and to be sure about the link I
visited the blog site.It’s been a while since I
have visited kutitots then lo and behold ito
pa ang madadatnan ko?
Play hardball? Seems like that guy has no
balls at all! (Or pehaps air-filled ones.)
Mr. Al, pay up or shut up! Snakes may shed skins
many times but still they retain their stripes.
(too bad, this incident is pwedeng pwede sa
magiging site ko pero a week more before we go live)
Keep up the good work gail… don’t let this
guy slow you down.
More pretty WP themes please!
Tagalog translation of a book by Robert Kiyosaki? And then use an unpaid webdesign? That’s the secret to being rich? How dumb do they think Filipinos are?
Guys, Lets hack Sikreto.Com.
hi gail! do you know whats the name of the hosting company that sekreto.com subscribed?please post…well see what i can do…lets just deface the site…
To spongebob: I don’t think ate Gail is stupid enough to incriminate herself by posting the name of the hosting company of Sikreto.com site. Besides, if you’re good enough to deface the site, then it should be a no-brainer for you to know the hosting company.
To ate Gail: I believe you’re doing all these because you know this is the right thing and ethical thing to do. The truth shall set you free. So keep it clean and besides, there’s no need for you to play “hardball” since you practically have his BALLS at the palm of your hand… ready to crush it!!
By the way, is http://www.sheero.com in anyway related to your company Sheero Media? It’s weird that when you google the word sheero, one of the results shows “Out of business due to unpaid debts…”. I think this some nasty programmer is trying to bad mouth your business. FYI lang po.
spongebob: I really think that’s a bad idea. And I would like to request you not to do it. As t$&ngina said, I’m going to do this the clean and legal way.
t$&ngina: Noted. I’ll inform my lawyer about that as well. Thanks :)
i have no idea about the law or whatever. What I am aware are the ethics of an individual who booted someone out of his service and sip his ideas.
now that is very good example of plagiarism!
Opinion ko lang sa mga nagpo post, you all have a lot of things to say and a lot of comments to post, pero do you really know what is all behind the story? I mean totally? and if all of these goes down the tubes, kayo lahat na nag fu-fuel e sasamahan ba si Gail going down? siguro unahan pa kayo ng pagkaripas ng takbo palayo… you are bunch of hypocrites talking nonsense at pag andyan na, unahan pa kayo mag deny or mang-iwan sa ere. If all of you got the balls to go into court with Gail, then your posts are valid, but if not, why dont you try to hear from the other side. Para kayong si Bush, puro assumption tapos ni gyera na kaagad ang Iraq, tapos sa huli malalaman na mali pala sya, after all the damage done. Let the court decide what is right and wrong, not a bunch of self-centered, one-sided group.
If you ask me, hands off ako dito at hugas kamay na ako, bahala kayo na maaangas magsalita na kulang naman sa gawa, puro kayo salita.
one more thing:
spongebob
September 8th, 2006 at 3:23 pm
hi gail! do you know whats the name of the hosting company that sekreto.com subscribed?please post…well see what i can do…lets just deface the site…
———————–
you don’t even know how to get the name of the hosting company tapos you are talking of hacking? “earth calling spongebob, is your brain functioning spongebob? oh, it is a sponge, no wonder it sounded as a no-brainer” are you being funny or just plain stupid? me pa deface-deface ka pang nalalaman, mag aral ka muna ng coding, umpisahan mo sa html baka me marating ka pa lol
one doesn’t need to deface his site. It’s up to Gail if she wants to complain directly to the webhosting company. The Terms of Service usually lists down reasons why a site should be suspended such as copyright infringement, among others. That’s the proper way of reporting these matters.
Guys, to hear the other side of the story (Al’s side), watch out Yuga’s blog on this. Al will be having an interview with Inq7.net tomorrow about the whole issue. Yuga will be observing.
http://www.yugatech.com/blog/?p=1171
Let’s all try to be as observant as possible for now and not make any hasty judgement on the issue. Hear both sides first.
Gail, honey, I know this is bad timing for our wedding and all. But we’re both in this thing together!! I’ll support you all the way as I always have. Mwah!!! hehehe
get rich and lose your soul in the process. i agree with you and remain poor rather than rich using his schemes.
I can imagine and visualize his house… noveau rich with an excess of marble, some mismatched furniture (basta mahal), an ultra tacky chandelier, huge plasma tv, green painted walls, faux gold, faux leather, faux floral arrangements, faux everything, a hanging carpet of dogs playing pool and cards, good luck charms in every nook and cranny specially that waving gold cat creature, a baby grand piano nobody plays, cans of pledge for the piano nobody plays, a cupboard full of banana ketchup, a decade’s worth of maxam toothpaste and heno de pravia, gallons of skin whitening stuff.
I found this story on the pirated-sites.com forums, and I just wanted to leave a word of encouragement. Your fight is just, and I’m sorry that you have to go through all this. It’s a waste of your time, and I wonder if a counter-suit might be in order? :-)
Best of luck to you, I hope you get this problem sorted out.
P.s. I really liked your original design as well. Maybe you should offer it publicly as a freeware template, just to make a further step on your “client”‘s toes? You have made the work allready, and you are propably not gonna get payed? Worth thinking about??
Cool%21..+Nice+work…
Hi. I don’t normally browse blogs much. But this is just SHOCKING. I’m in the wealth-building industry and I am completely appalled at the actions of this particular individual.
If what is found to be true about all that has been said (above), I honestly hope he never produces business again. EVER. Integrity is EVERYTHING.
All the best.
Just an update on this… the design of http://www.sikreto.com has finally been redesigned into something entirely different. I’m pretty sure it’s not something stolen this time. Maybe it was ‘karma’ which convinced the author to do the right thing.
has this issue been settled then?
Oonga, they changed the design na. Pero, hehe, di ba parang it looks similar to one of the themes sa Multiply.com? (hey multiply users, check out multiply’s retro theme: http://multiply.com/setup/pages/themes/retro). Di ba parang pareho? hehe.
We’re with you gail. Go go go! :)
Gail was not notified about the change of design so this clearly means that the author had no intention of admitting he is/was at fault. And this is expected. Time seemed to have burried this issue already. If ever the book comes out soon, I may still get a copy just out of curiosity.
Just plugging: “8 Secrets of the Truly Rich” by Bo Sanchez is out now! I’ve already gotten an authographed copy (thanks to Jomar Hilario). Now this is a book on wealth building that “truly” can make you rich.
huh?
WHAT AN UNPROFESSIONAL jerk! I won’t be surprised why he’s rich … kakarmahin din yan mokong na yan!
I really never thought there are businessman out there as jerk as he is.. or maybe I am still living in my ideal world.. pero grabe, parang walang pinag-aralan yang tao na yan! Manghahamon pa. Di pa sya marunong mag spell ng tagalog word… it should be “subukan” not “subokan” hehe.. bisaya ba yan? If so, I’d be very disappointed na may bisayang businessman na walang pinag aralan!
@ ems
pag wrong spelled bisaya agad? yes, perhaps a truthful generalization, but not true to any given bisaya-speaking people. true…but very unflattering. pls stop this kind stereotyping. it is very demeaning and tends to discount the importance and uniqueness of the individual.
review your grammar. ano ba plural form ng businessman? e di businessMANSSS! heheeh! peace.
@ gail
nde lng ngyari sa u to. marami na tau! sana kung cno man dapat matamaan ng karma… sana ngaun na!
Take a look at this discussion about the book and the design: http://www.pinoymoneytalk.com/forum/index.php?topic=6332.msg89083#msg89083
ehem!….
no comment ako..
basta ang sa akin lng.. as long sa palagay mo, sa tingin mo, or sa pananaw mo na dapat mong ipaglaban ang mga rights mo then go ahead.. but first remmber all the factors you will facing esp, financial aspect, your time and your effort, prepare for the worst but in the end truth will reveal..so wish you all the best gail and fight for your rights.. GOD BLESS!.. keep up the good work.
Just wanted to ask, where is the supposed story that will be posted by yugatech? akala ko ba mag observe sya sa meeting and post nya about his observation tungkol sa issue na ito?
It was supposedly on this link http://www.yugatech.com/blog/?p=1171
but seems to be what happened was kept a secret to cover up something?, or everyone in that meeting was just part of an entire charade? nobody seemed to care about the entire/real story, everyone seemed to care for one side of the coin only… happens to be this side of the coin.
Everyone deserve to hear what was discussed (unfiltered and complete – hopefully), right?
Too bad coz its too obvious that they’re using your idea. Actually there are lots of people like that and you have to accept that fact or else masasakatan ka lang. If you want, you can talk to a lawyer and ask for his/her opinion. Sometimes you need to do something for them to learn and respect you. They might abuse other people kasi in the future….
He is bad, hes using ur concept.. I think he cant think well of a concept so that why he copied yours…This is the power of blogging you know.
my first reaction was “woahh…”" after reading his book several weeks ago (actually finished reading it in 2 days) I was filled with praises for him, for doing a great favor for people (just like Topax Colayco) but all for it were gone now… I have this gut feeling that your sincere with what you posted. This unprofessional acts by mr. al sembrano/mccaw should be brought into public. shame on him!
oh my, ang ganda pa naman. grabe. napakasama naman nun. kakarmahin din yan. kapal ng mukha.
Narinig ko na tong tao na to. Kelan lang. I heard he’s really an asshole. pati sa mga employees nya! Kakamahin din yan!
stupid book. gaya gaya lang rich dad poor dad.
oh well what do you expect? mahilig nga pala sya manguha ng idea ng iba!
excuse me.. its a generic crap design that you modified from someone elses work. Yet you claim ownership for templates? They modified from your weak work. go ahead and sue, you’ll lose. The money isnt your finish… the online backlash to your blatant self appointed BS master will be the end of your reputation.
This is old new but well, Sikreto.com is now a parked page… i guess that suits them well :)
happy new year miss gail :)
I share same sentiments with Lee… I’m sad. I was actually appreciating the book, i kept coming back to national to read it there,the effort and all… Thank God i haven’t bought one yet! hahaha…
But if he actually did that, and from my point of view-he is guilty, he doesn’t have the reputation for me to actually believe his book… kung ganun yumayaman pala sya sa pandaraya/panloloko. He lives for that kind of stuff, dabah??? Sorry Al, you just lost a fan.
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