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Ask HN: Copyright/IP Question

2 points by ErrantX 17y ago

I've been asked this question by another person (so sorry if the details are a bit wrong) but have no real expertise there. Hopefully someone here can shed some light. Hypothetically we have 2 companies competing in an indentical field: basically the 2 leading companies. Now, the problem is company B has products matching company A in features and functionality. Company B waits for an A Product to launch then launches a competing product of this form (I think that is how it has been described to me). How close does the product have to match (assuming no patent infringement, no code theft and no industrial espionage for the time being) before some sort of legal line is crossed? Personally I am of the inclination that even if they directly reproduce a program identical in features there is not a lot comapny A can do? Or am I wrong?

pbhjpbhj 17y ago
I worked as a Patent Examiner for 5 years and have hobbied as a copyright troll (!) for quite a long time: AFAIK, and this is not IP legal advice, there's jack all you can do unless you have something uniquely novel and some sort of IP registration. Are they using your trademarks to describe the product; Are they using your registered design as the form of the product; Are they using your patented process; Are they copying your artistic input? From your description it doesn't sound like you have anything - you're then getting into the territory of making something up, eg getting a weak patent to batter people with [who don't have IP lawyers on staff]. Did you see the original implementations of Star Office (now OpenOffice.org) versus MS's Word at the time? If MS could've sued they would IMO.
- ErrantX 17y ago
  Yeh that's the way I am leaning at the moment. It really does seem to be a case of identical featureset and similar language to describe it (for example some of the acronyms for features are the same though the exact words (that make up the acronym) are different). Thanks for your input (you made me confident to go back to the guy and say "you need an IP lawyer" :))
  - pbhjpbhj 17y ago
    Just read the Audion vs SoundJam (which became iTunes) story posted elsewhere on HN. It seems quite aposit. Audion created a new skinning method, SoundJam copied that method allowing Audion skins to be used with SoundJam. Some other company than Panic would have added DRM to prevent the use of the skins in anything but Audion. Is there any way you can be more specific about the products? An IP Lawyer is going to cost you - they will find stuff that you can protect but this is not necessarily going to be the best way forward. Lawyers tend to see legal solutions. YMMV. edit:Typo

2 points by ErrantX 17y ago

pbhjpbhj 17y ago

I worked as a Patent Examiner for 5 years and have hobbied as a copyright troll (!) for quite a long time: AFAIK, and this is not IP legal advice, there's jack all you can do unless you have something uniquely novel and some sort of IP registration. Are they using your trademarks to describe the product; Are they using your registered design as the form of the product; Are they using your patented process; Are they copying your artistic input? From your description it doesn't sound like you have anything - you're then getting into the territory of making something up, eg getting a weak patent to batter people with [who don't have IP lawyers on staff]. Did you see the original implementations of Star Office (now OpenOffice.org) versus MS's Word at the time? If MS could've sued they would IMO.

ErrantX 17y ago
Yeh that's the way I am leaning at the moment. It really does seem to be a case of identical featureset and similar language to describe it (for example some of the acronyms for features are the same though the exact words (that make up the acronym) are different). Thanks for your input (you made me confident to go back to the guy and say "you need an IP lawyer" :))
- pbhjpbhj 17y ago
  Just read the Audion vs SoundJam (which became iTunes) story posted elsewhere on HN. It seems quite aposit. Audion created a new skinning method, SoundJam copied that method allowing Audion skins to be used with SoundJam. Some other company than Panic would have added DRM to prevent the use of the skins in anything but Audion. Is there any way you can be more specific about the products? An IP Lawyer is going to cost you - they will find stuff that you can protect but this is not necessarily going to be the best way forward. Lawyers tend to see legal solutions. YMMV. edit:Typo