[Question] Can they sue me if I do this?

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Deleted member 923340

Guest
Let's say there is a closed source commercial software called "ABC". This software is for mac and pc.
But there is a high demand for a web version of this, and creators have no plans to do it.

If I create a web version of that software (same user-interface look and feel, same features + some more features) and offer a subscription service with a brand new name, can they sue me for copying them?
 
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Deleted member 923340 said:
Let's say there is a closed source commercial software called "ABC". This software is for mac and pc.
But there is a high demand for a web version of this, and creators have no plans to do it.

If I create a web version of that software (same user-interface look and feel, same features + some more features) and offer a subscription service with a brand new name, can they sue me for copying them?
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Yes, they own the copyright of course they can. Its the same as say Disney releasing a film and you making an online game, you don't have permission
 
I think you can make a completely new product. You know you can always copy the niche. Make it more unique with more features and a completely different product.

For example :- Electric Cars, You can't clone the car and sell it with a new name. But you can make another electric car and sell it.
 
If you write your own code for it, but if you just clone it and add features they can claim it as their own.
 
blogzandstuff said:
Yes, they own the copyright of course they can. Its the same as say Disney releasing a film and you making an online game, you don't have permission
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They don't own shit. The software world is different.
Have you seen how many online version of "Adobe Photoshop"?
or
Microsoft could have sued Google for google sheets?

I am not going to market as "ABC's online version".
 
Deleted member 923340 said:
They don't own shit. The software world is different.
Have you seen how many online version of "Adobe Photoshop"?
or
Microsoft could have sued Google for google sheets?

I am not going to market as "ABC's online version".
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Why ask then lol! Do it and see, hope you have a good lawyer. Adding some features as another member suggests still will land u in trouble, like bringing out snow white and the eight dwarfs, would you get away with that, it's OK Disney " I made something exactly the same but added one dwarf " lol! I got sued for copyright, it's expensive.
 
HelloBTCMINER said:
I don't think they can sue you just because you made a competing product (example - piktochart vs infogram).

Let's see what @MisterF have to say?
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RedHulk said:
I think you can make a completely new product. You know you can always copy the niche. Make it more unique with more features and a completely different product.

For example :- Electric Cars, You can't clone the car and sell it with a new name. But you can make another electric car and sell it.
Click to expand...

Stewielenor said:
If you write your own code for it, but if you just clone it and add features they can claim it as their own.
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Yah, brand new code + some new features. Thanks guys

blogzandstuff said:
Op wants to make one the same, not similar. Did you not read it?
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blogzandstuff said:
Why ask then lol! Do it and see, hope you have a good lawyer.
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Ha ha, :Dhey I am listing my side of arguments. I want you to fight back. comon.
 
"closed source commercial software" Kinda sums it up from the outset, however one way to go is make your product look, feel different. Different colours, different name, and don't step on their toes in terms of using their name.

They're called ABC, you're called either ABC.io or BCD. How many keyword tools are called Keyword........ as an example ?
If they have any Trademark, patent or copyright, you'll get legal action threatened, especially if it can be argued you are taking sales / profit off them.

Not my area really, just thinking logically which is quite good at 08.00 and no coffee yet.
 
I was really thinking that you're a "Business Advisor" from your Occupation field.
MisterF said:
"closed source commercial software" Kinda sums it up from the outset, however one way to go is make your product look, feel different. Different colours, different name, and don't step on their toes in terms of using their name.

They're called ABC, you're called either ABC.io or BCD. How many keyword tools are called Keyword........ as an example ?
If they have any Trademark, patent or copyright, you'll get legal action threatened, especially if it can be argued you are taking sales / profit off them.

Not my area really, just thinking logically which is quite good at 08.00 and no coffee yet.
Click to expand...
 
HelloBTCMINER said:
I was really thinking that you're a "Business Advisor" from your Occupation field.
Click to expand...

Not a commercial lawyer though - huge difference.

My business advice is = seek a commercial lawyer.
 
One more thing to consider if you go ahead. Your "inspiration" can move into your SaaS space in a very short amount of time given their access to resources, you'll have to get your shit together really quickly or they won't even need lawyers to crush you.... they'd just do it for shits and giggles.

Oh yah, do it as a corporation or limited company in your country, a few hundred bucks is a small investment to shield your assets from personal liabilities if shit hits the fan.
 
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MisterF said:
"closed source commercial software" Kinda sums it up from the outset, however one way to go is make your product look, feel different. Different colours, different name, and don't step on their toes in terms of using their name.

They're called ABC, you're called either ABC.io or BCD. How many keyword tools are called Keyword........ as an example ?
If they have any Trademark, patent or copyright, you'll get legal action threatened, especially if it can be argued you are taking sales / profit off them.

Not my area really, just thinking logically which is quite good at 08.00 and no coffee yet.
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Thanks @MisterF
Yah, the thing is I am going to take profit off them. I want "ABC"'s customers to move to my software :smirk: For this to happen, the transition from ABC to my software should be an easy process. I am going to change the colors, names and stuff. But there are some features of ABC, that users freaking love. I'll have to copy them or I have no chance.

illuminateme said:
One more thing to consider if you go ahead. Your "inspiration" can move into your SaaS space in a very short amount of time given their access to resources, you'll have to get your shit together really quickly or they won't even need lawyers to crush you.... they'd just do it for shits and giggles.
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That's good advice. Thanks man.

Iknowsomethings said:
Also depends of your jurisdiction and target market. In the US they may hold software patents and screw you up, while in EU you can show them the finger..
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I am from a third world country. But the creators are from US. So..
 
Anyway, coping functionality its not a base to sue you. Just be sure to not mislead the users that they are using "ABC" software and you would be fine. Still I am not layer...
 
To sum-up:
- brand new code
- some new features
- new design, color, name
= new product so it seems OK (except, as someone wrote, if the product has a patent in the juridiction where you want to publish the software and defining exactly the product that you offer)
ex: if I create a machine doing chocolate mousse and I pay for a patent stating "chocolate mousse maker", someone can come with the same machine and features and brand it as "cream maker", the patent will not work for me.

Where you need to becareful is how you attract the customer. Obviously, you will play with the name of the original product/company, this is illegal if you create on purpose a confusion for the customer (the customer will think that he/she is buying the "real" software when it is yours, no offense to "real" :D). However, good luck for the company to chase you if you are in a different country.

My piece of advice: make the software a bit different, find a similar name (ex: ABCD etc.), promote the website using the other software as comparison for instance (why your software is better) and you are fine. You are just a competitor.

good luck
 
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