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redbrad0
Advanced Member
USA
3725 Posts |
 Posted - 05 March 2005 : 19:56:16
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I have been working on a web based software for Search Engine marketing. I am very close to it being done so I posted at a Marketing Forum for some beta testers. Now one of the beta testers has started and made live, software that does the exact same thing I allowed him to beta test. Do I have anything I am able to do?
It makes me so upset because they were only going to sell 400 subscriptions to the service at $133 a month subscription. They sold out the 400 subscriptions in a couple days and now are making $53,000 a month off my idea.
I have contacted one of my customers who is a patent and trademark law firm, just waiting till their office's open back up next week so I can speak with them but trying to get other people's feedback. |
Brad
Oklahoma City Online Entertainment Guide
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Podge
Support Moderator
Ireland
3775 Posts |
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Steve D.
Average Member
USA
640 Posts |
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HuwR
Forum Admin
United Kingdom
20584 Posts |
Posted - 06 March 2005 : 04:25:22
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quote:
Originally posted by Steve D.
did you have your beta testers sign any type of non-disclosure agreement?
It shouldn't matter, an NDA is nothing to do with copyright theft which is what we have here, an NDA just prevents you disclosing information.
Brad, you should definately contact a solicitor |
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Ranko
Junior Member
400 Posts |
Posted - 06 March 2005 : 05:51:02
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| Yes, even more so since you are in the USA. You need to call their web host with the suggestion above, and your lawyer right now to see if he can get them to stop for the time being (there is a proper term, but my USA common law-fu is weak). |
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sr_erick
Senior Member
USA
1318 Posts |
Posted - 06 March 2005 : 21:28:14
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That really, really, really sucks Brad.  What was the project? |
Erick
Snowmobile Fanatics
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Gremlin
General Help Moderator
New Zealand
7528 Posts |
Posted - 07 March 2005 : 05:49:48
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| Is there any chance they were already developing similar software and joined your beta out of interest rather than to steal the entire idea ? |
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Shaggy
Support Moderator
Ireland
6780 Posts |
Posted - 07 March 2005 : 08:02:14
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I'm with Gremlin on this, while I sympathise if your idea was stolen, coincidences do happen and this other person may have already been working on a similar project with your beta release pushing him to go live so he can beat you to the punch. If he did thieve it, though, then smite his ass from the highest height and take him for all he's worth! 
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redbrad0
Advanced Member
USA
3725 Posts |
Posted - 09 March 2005 : 16:21:52
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Well I talked with a law firm on monday and there is nothing to do since I did not have them sign and papers, give them the source code, or mail them data in the mail.
There are items that it does this just a little different but because of special tag's they use and other items like that, it is clear to me and my partner what happened.
Oh well lesson learned |
Brad
Oklahoma City Online Entertainment Guide
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HuwR
Forum Admin
United Kingdom
20584 Posts |
Posted - 09 March 2005 : 16:36:49
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quote:
Originally posted by redbrad0
Well I talked with a law firm on monday and there is nothing to do since I did not have them sign and papers, give them the source code, or mail them data in the mail.
There are items that it does this just a little different but because of special tag's they use and other items like that, it is clear to me and my partner what happened.
Oh well lesson learned
I would speak to a different lawyer, just because you gave someone a copy of your code does not give them the right to plagerise it, it is still your copyright, I take it when yu made it available fr download that you did so in some kind of forum post or member area on your site, if so that is all you need to prove it is yours and that they stole it. |
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redbrad0
Advanced Member
USA
3725 Posts |
Posted - 09 March 2005 : 17:10:34
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| Well it was never downloaded since it is web based software that will always be hosted by me. I believe that just saw the idea and rewrote it. The wrote it in a actual application that the user run's on their local pc and instead of display small sections of content display a full article. Other then that the two are exactly the same. |
Brad
Oklahoma City Online Entertainment Guide
Oklahoma Event Tickets |
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taropatch
Average Member
USA
741 Posts |
Posted - 09 March 2005 : 20:52:14
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Sorry to hear about your situation. And I am sympathetic because lawyers and litigation can also be very expensive, something that I don't wish on anyone.
Yes, I'd check with another lawyer. Never hurts to get a second opinion. Trouble is intellectual property cases can be difficult to prove. But try contacting someone who specializes in intellectual property. Not sure if there are ways to prove it but if so you can you may do the following: send a cease and desist letter; you might choose to file an injunction to force them to stop immediately; and then take them to court. Good luck.
Ps. I am not a lawyer so take this all with a grain of salt. |
Edited by - taropatch on 09 March 2005 20:53:27 |
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Panhandler
Average Member
USA
783 Posts |
Posted - 09 March 2005 : 23:03:07
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quote:
Originally posted by Gremlin
Is there any chance they were already developing similar software and joined your beta out of interest rather than to steal the entire idea ?
If they were, they ethically should have told him they were working on something similar and would he still want them to look at his product.
A non-disclosure agreement was in order.
That's how Bill Gates lucked out. . .the IBM people visited someone else first and asked them to sign a NDA - they were inept and wouldn't sign it. IBM went to the next person on the list - lucky Bill - smart Bill.
Non-disclosure agreements are common practice in business. . .I've got a copy somewhere - if you need it I'll scan and post it.
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Etymon
Advanced Member
United States
2385 Posts |
Posted - 11 March 2005 : 01:32:04
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Hi Brad,
Check this attorney's website out. I enjoy reading his articles. I wrote him a couple of years back, and he actually replied to me. Then, just last week, I wrote him again to say thanks for the articles, and he promptly responded. I think he's on the up and up. 
http://www.ivanhoffman.com/
Cheers,
Etymon
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seahorse
Senior Member
USA
1075 Posts |
Posted - 11 March 2005 : 03:28:17
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Brad,
It might be worth your while to talk to a lawyer about patenting your next idea before you start off on a project. At least that way, you're on better grounds to sue the guy.
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Ken
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Worldwide Partner Group
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redbrad0
Advanced Member
USA
3725 Posts |
Posted - 11 March 2005 : 09:57:49
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Thanks everyone for responding back. I will look at that website Etymon and just hope for the best but about ready to release the software myself and just hope it does as good.
Ken,
Yea trust me I learned my lesson. |
Brad
Oklahoma City Online Entertainment Guide
Oklahoma Event Tickets |
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