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. ----------------------------------------------------------------- - - - Only a fool fights in a burning house. - - Most illogical. - - - - attunix!spock - My opinions are mine and you can't have them. - - - -----------------------------------------------------------------
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