Marc - Id send over C&D and DMCA orders to his host and to Google (if you find him showing up in the SERPs) as quickly as you can - before Google has a chance to assess a dupe penalty like they did to me two weeks ago for the same thing - Im just barely getting back into the search results now - if you need any help with those forms and where to send them to get Googles immediated attention let me know - the host should have his sites down within 24 hrs if you send the C&D
and Id do a snapshot of the source showing where he's still using your javascript line at the top
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