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

Discussion in 'Business & Tax Advice' started by javabro, Aug 28, 2018.

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  1. javabro

    javabro Jr. VIP Jr. VIP

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    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?
     
  2. blogzandstuff

    blogzandstuff Elite Member

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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
     
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  3. HelloBTCMINER

    HelloBTCMINER BANNED BANNED

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    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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  4. RedHulk

    RedHulk Registered Member

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    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.
     
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  5. blogzandstuff

    blogzandstuff Elite Member

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    Op wants to make one the same, not similar. Did you not read it?
     
  6. Stewielenor

    Stewielenor Jr. VIP Jr. VIP

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    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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  7. javabro

    javabro Jr. VIP Jr. VIP

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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".
     
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  8. HelloBTCMINER

    HelloBTCMINER BANNED BANNED

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    But @javabro is going to add some more features, if i read the OP right?

    I don't think he is going to steal the source code and publish that under his brand name, If this the case, he need a really good lawyer...
     
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    Last edited: Aug 28, 2018
  9. blogzandstuff

    blogzandstuff Elite Member

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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.
     
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  10. javabro

    javabro Jr. VIP Jr. VIP

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    Yah, brand new code + some new features. Thanks guys

    Ha ha, :Dhey I am listing my side of arguments. I want you to fight back. comon.
     
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  11. MisterF

    MisterF Moderator Staff Member Moderator Jr. VIP

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    "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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  12. HelloBTCMINER

    HelloBTCMINER BANNED BANNED

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    I was really thinking that you're a "Business Advisor" from your Occupation field.
     
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  13. MisterF

    MisterF Moderator Staff Member Moderator Jr. VIP

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    Not a commercial lawyer though - huge difference.

    My business advice is = seek a commercial lawyer.
     
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  14. illuminateme

    illuminateme Jr. VIP Jr. VIP

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    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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    Last edited: Aug 28, 2018
  15. Iknowsomethings

    Iknowsomethings Jr. VIP Jr. VIP

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    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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  16. javabro

    javabro Jr. VIP Jr. VIP

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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.

    That's good advice. Thanks man.

    I am from a third world country. But the creators are from US. So..
     
  17. Iknowsomethings

    Iknowsomethings Jr. VIP Jr. VIP

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    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...
     
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  18. c4labs

    c4labs Newbie

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    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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  19. SamLewis

    SamLewis Senior Member

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    Can you make a post on what you did and how you got sued?
     
  20. b3w4r3

    b3w4r3 Junior Member

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    My advice for OP - get a really good business lawyer.
     
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