[comp.sys.ibm.pc] Possible software THEFT!

foss@iris.ucdavis.edu (Jim Alves-Foss) (04/18/89)

Dear Netlanders,

The following has all names and specifics removed to protect the innocent
and (potentially) guilty:

Someone I know has spent considerable time developing the skills to become
a programmer (specifically computer games). After a couple years of trial
and error and detailed perfectionism a game was sent to several software
vendors. A few expressed interest and contract negotiations began with one
company. Shortly before final delivery the negotiations broke down due to
"financial" troubles in the company.

Now, an advertisement has appeared in a computer magazine promoting a VERY
similar (if not the same) game from this company.

What can this person do? Any suggestions? How can similar things be avoided
in the future?

Thanks in advance
-Jim Foss (foss@iris.ucdavis.edu - 128.120.57.20 )
<<< Disclaimer : Of course everything is hearsay and ONLY MY OPINION >>>

bcw@rti.UUCP (Bruce Wright) (04/18/89)

In article <4002@ucdavis.ucdavis.edu>, foss@iris.ucdavis.edu (Jim Alves-Foss) writes:
> Someone I know has spent considerable time developing the skills to become
> a programmer (specifically computer games). After a couple years of trial
> and error and detailed perfectionism a game was sent to several software
> vendors. A few expressed interest and contract negotiations began with one
> company. Shortly before final delivery the negotiations broke down due to
> "financial" troubles in the company.
> 
> Now, an advertisement has appeared in a computer magazine promoting a VERY
> similar (if not the same) game from this company.
> 
> What can this person do? Any suggestions? How can similar things be avoided
> in the future?

The summary pretty much gives all of your friend's options at this point.

When you are sending something like this to a company, it is imperative
for the parties involved to sign nondisclosure agreements (at least one
and possibly both parties will be given confidential data which is 
properly the property of the other).  This should take place BEFORE the
program is shown to them ... and at the very least, as it is being shown.

As one person has said about business contracts, never deal with an
individual or company you wouldn't trust on a handshake deal -- and
then never make handshake deals!

But a contract (and that includes a nondisclosure agreement) doesn't get
enforced automatically - if you've been injured, it's up to YOU to sue
for damages.  Nobody else is going to be looking out for your interests -
it's not a criminal matter.  If you can't afford it, or don't want to 
take the time, well, that's life in the big city.

Now of course I don't know the facts of this particular case - obviously
it's possible that there could be pretty similar games produced more-or-
less independently.  It certainly *sounds* suspicious the way you have
described it - why should *that company* come out *that quickly* with a
*very similar* game?

It really is unpleasant to feel that you have to count your fingers after
shaking hands with some people in the world, but unfortunately that's the
way things are.

						Bruce C. Wright

jeffrey@algor2.UUCP (Jeffrey Kegler) (04/18/89)

In article <4002@ucdavis.ucdavis.edu>,
foss@iris.ucdavis.edu (Jim Alves-Foss) writes:
> Someone I know has spent considerable time developing the skills to become
> a programmer (specifically computer games). After a couple years of trial
> and error and detailed perfectionism a game was sent ...
> Now, an advertisement has appeared in a computer magazine promoting a VERY
> similar (if not the same) game from this company.

I should point out it can work both ways.  I once had a previous tenant
leave some piles of unwanted courseware in my apartment.  A few weeks after
I got him to take the stuff away I got a job teaching for Yourdon, Inc.,
and the guy decided I had clearly ripped him off!  Fortunately he had never
made a dime from his courseware, otherwise he probably would have sued me
and Yourdon.  "Really, I can explain, your honor!"

It is fairly unlikely that a software publisher would rip off a demo,
denying themselves access to the source code, support from the author,
etc., etc.   It is easier and cheaper to pay the royalties.  And of course,
while a lawsuit is unlikely ever to be won, they are taking the risk you
would file anyway, and that would be a major nuisance.
-- 

Jeffrey Kegler, President, Algorists,
jeffrey@algor2.UU.NET or uunet!algor2!jeffrey
1762 Wainwright DR, Reston VA 22090

jwi@lzfme.att.com (Jim Winer @ AT&T, Middletown, NJ) (04/18/89)

In article <4002@ucdavis.ucdavis.edu>, foss@iris.ucdavis.edu (Jim Alves-Foss) writes:
> Dear Netlanders,
> 
> The following has all names and specifics removed to protect the innocent
> and (potentially) guilty:
> 
> Someone I know has spent considerable time developing the skills to become
> a programmer (specifically computer games). After a couple years of trial
> and error and detailed perfectionism a game was sent to several software
> vendors. A few expressed interest and contract negotiations began with one
> company. Shortly before final delivery the negotiations broke down due to
> "financial" troubles in the company.
> 
> Now, an advertisement has appeared in a computer magazine promoting a VERY
> similar (if not the same) game from this company.
> 
> What can this person do? Any suggestions? How can similar things be avoided
> in the future?
> 
> Thanks in advance
> -Jim Foss (foss@iris.ucdavis.edu - 128.120.57.20 )
> <<< Disclaimer : Of course everything is hearsay and ONLY MY OPINION >>>

Software is copyright under the Berne Convention at this time. Prior
to March of this year, it may not have been unless marked with the
copyright symbol (a c in a circle, a c in parens is not
adequate) -- or it may have been, see an expert. In either case, you
must register it with the copyright office before you can bring an
infringement action.

In general, you should always register something like this before
sending it out. Call Washington, D.C. information and ask for the
copyright office and they will send you the correct forms and an
instruction book free. The registration will cost you $10.

Remember that copyright only protects the expression of an idea, not
the idea itself. You would have to prove that the code itself is
substantially similar to yours rather than just that it gets the
same result. I have been told that there is no point in proceding
with a copyright infringement suit unless you are preapred to spend
at least $10,000. On the other hand, if you have a registered
copyright, a simple letter from a lawyer may be enough in the
particular circumstances you cite.

I suggest you post this to misc.legal and take the results with a
large grain of salt. There seem to be a lot of people over there who
are misinformed, but there is also at least one copyright lawyer.

Jim Winer ..!lzfme!jwi 

I believe in absolute freedom of the press.
I believe that freedom of the press is the only protection we have
	from the abuses of power of the church, 
	from the abuses of power of the state,
	from the abuses of power of the corporate body, and 
	from the abuses of power of the press itself.
Those persons who advocate censorship offend my religion.

spock@sfsup.UUCP (+Giacchi T.) (04/19/89)

In article <4002@ucdavis.ucdavis.edu> foss@iris.ucdavis.edu (Jim Foss) writes:
>Dear Netlanders,
>
>The following has all names and specifics removed to protect the innocent
>and (potentially) guilty:
>
>Someone I know has spent considerable time developing the skills to become
>a programmer (specifically computer games). After a couple years of trial
>and error and detailed perfectionism a game was sent to several software
>vendors. A few expressed interest and contract negotiations began with one
>company. Shortly before final delivery the negotiations broke down due to
>"financial" troubles in the company.
>
>Now, an advertisement has appeared in a computer magazine promoting a VERY
>similar (if not the same) game from this company.
>
>What can this person do? Any suggestions? How can similar things be avoided
>in the future?
>

If your friend copyrighted the game (the concept and the implementation)
and he can prove that they used pieces of his code or design, etc... then
he has grounds for a possible lawsuit.  If he didn't copyright the stuff
then he is SOL.   In the future, not only copyright it, but also videotape
screens, etc... and submit those for copyright as well.  You might also want
to file a copy with an attorney as secondary proof of authorship.  I have
a friend who went thru something very similar, the only thing that saved
his neck was the copyright and the threat of a multi-million dollar lawsuit.

In any event, have him contact a laywer (one that specializes in copyright
law, and preferably  computer law!).  That is the first step. 


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- Only a fool fights in a burning house.			-
- Most illogical.						-
-								-
- attunix!spock	- My opinions are mine and you can't have them. -
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jlfox@cisunx.UUCP (James L Fox) (04/19/89)

In article <4002@ucdavis.ucdavis.edu>, foss@iris.ucdavis.edu (Jim Alves-Foss) writes:
< 
< vendors. A few expressed interest and contract negotiations began with one
< company. Shortly before final delivery the negotiations broke down due to
< "financial" troubles in the company.
< 
< Now, an advertisement has appeared in a computer magazine promoting a VERY
< similar (if not the same) game from this company.
< 
< What can this person do? Any suggestions? How can similar things be avoided
Pay the company a personal visit, accompanied by one or more
LARGE individuals who sit quietly with one hand inside their coats!
< 
< Thanks in advance
< -Jim Foss (foss@iris.ucdavis.edu - 128.120.57.20 )
   Jim Fox