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I am developing software that has never been done before.

Discussion in 'Legal Issues' started by jordan5815, Mar 15, 2006.

  1. #1
    Hello as in the title, what can i do to cover my butt from getting it jacked.
    Should i get a big name before i release it, i do not want microsoft or other companies to hop on it when they see it. or make another form of it, What can i do about this. Please tell me ways i can make it impossible for any other company to use it.
     
    jordan5815, Mar 15, 2006 IP
  2. S2X

    S2X Active Member

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    #2
    You will have to get a Patent, however big companies will always find a way to tweak your idea and release their own version of it if they decide they want to steal your idea.

    Sadly there really isn't a way to totally protect your ideas/products from being stolen.

    Trying to sue a multi billion dollar company just won't work unless you have a LOT of money to back yourself with, they will keep you in court until you can't afford to fight them any more.
     
    S2X, Mar 15, 2006 IP
  3. jordan5815

    jordan5815 Peon

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    #3
    ok, if i make other version of it, tweaked as you say. and do not release it but release the main one and they come out with a version that is similiar to my tweaked ones, Will i have a case?
     
    jordan5815, Mar 15, 2006 IP
  4. keywordguru

    keywordguru Peon

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    #4
    I would say you are out of luck. Seeing that there are so many ways around patents, and everything else it is hardest with programming and programs. A programmer can easily do things different to achieve the same end result.

    I know a patent in theory should cover this but look at how many of the same thing you see out there with actual products in the stores, etc. There always seems to be a way around it.

    Remember, competition is not always a bad thing. One with a budget and marekting force like Microsoft Yes, but they already have plenty going on. If it is that good of an idea, come up with a way to propose it without giving away the idea and sell it outright and retire! :)


    Frenchie
     
    keywordguru, Mar 15, 2006 IP
  5. jordan5815

    jordan5815 Peon

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    #5
    I'm not that way, Im a pursuer i thought of this along with many ideas. I am the man of ideas, and i have them all written down lol. I have thought up a plan to put every single search engine down like google included, all the computer companies, most of the isps except for one. which i will work out a deal with. etc. I have a fully developed plan with this software and it can be great but as i said basically im worried more about microsoft then anyone else on what it is.
     
    jordan5815, Mar 15, 2006 IP
  6. S2X

    S2X Active Member

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    #6
    You are going to need some SERIOUS financial backing if you intend to do something like that, 20 - 100M+ would probably be a realistic amount.

    It all depends on what you are talking about I guess, and you would be an idiot to post something like that on DP :D

    You also have to remember that MS/Google will have lawyers making high 6 / 7 figure salaries that will not be easy to fight with.
     
    S2X, Mar 16, 2006 IP
  7. jordan5815

    jordan5815 Peon

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    #7
    SOrry but, i didnt tell you my plans if you can tell, i was asking what i can do to make it impossible. I didnt say my domains my plans etc. and if you search this alias on google yahoo or any search engine the domain or plans will not come up:) so yes, I just have to know something like setting a trap on them etc.
     
    jordan5815, Mar 16, 2006 IP
  8. Phynder

    Phynder Well-Known Member

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    #8
    Are you talking service or software?
     
    Phynder, Mar 16, 2006 IP
  9. iowadawg

    iowadawg Prominent Member

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    #9
    As a buyer of software (not ms, or off the shelf, but software sold by individuals to do certain things) I do not think the sellers (and also the creators) of the software worry about getting ripped off.
    Look at how much software is available from free to mega bucks that do nothing but create article sites.

    Just create the software, build a sales site, and sell it.

    If you worry about getting ripped off, big company taking it, etc...
    You should not be in the software creation business.
     
    iowadawg, Mar 16, 2006 IP
  10. jordan5815

    jordan5815 Peon

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    #10
    no its a service software kind of like windows but is waaaay different. i cannot list its details, but microsoft will jump at it.
     
    jordan5815, Mar 16, 2006 IP
  11. mnemtsas

    mnemtsas Super Dud

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    #11
    Famous last words :p
     
    mnemtsas, Mar 16, 2006 IP
  12. Phynder

    Phynder Well-Known Member

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    #12
    I think I did not communicate my question very well. Would you be selling a service (like Google search engine) or software (like Microsoft Office)?

    But, let me follow up on your answer above. Like Windows - as in an operating system? I am not looking for details, but trying to understand where in the spectrum of possibilities your products sits to better understand your questions.
     
    Phynder, Mar 16, 2006 IP
  13. clancey

    clancey Peon

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    #13
    This thread is so hypothetical that I do not think there is a proper answer to your question. If you create a truly unique piece of software that people actually want to use, you will quickly see open source versions which do the same thing and commercial versions which compete both directly and by going after markets you and your partners are not in a position to pursue.

    I think software patents are a joke, but they are being granted, especially for not yet demonstrated hypotheticals. They offer some protection, but you need lawyers for that and you have to hope a future judge does not overturn the patent, even as another judge is giving you big awards.

    First to market has a certain advantage. But, that does not mean a lesser product from a bigger company won't overtake the market and squeeze you out. Also, being too small may mean the product goes nowhere, no matter how good.

    The computing landscape is litered with better products which were killed be lesser ones. IBM lost its dominance of the PC market. Apple lost is dominance of the desktop to Windows. The multi-tasking OS-2 Warp barely made a ripple against then single tasking Microsoft Windows. Netscape lost the browser market to Microsoft. Unix lost the internet server market to Linux. Yahoo lost the search market to Google. Computer stores used to be packed with aisles and aisles of competing software. Now there are a couple of shelves, except for the games section. Worst of all, it wasn't necessarily the best which made it to the top, it was mostly stuff that was "good enough".

    I do not want to seem cynical, but creating something that will kill all the major companies and leave just you and a wounded Microsoft standing is going to take more than $200 million to get going. Think billions.

    The computer industry says it is looking for the next big killer. The first was spreadsheet programs. The next might have been the internet. What would be the next really killer idea -- holodecks, replicators, or time travelling devices? All of which, incidentally, are under development. And aspects of which have been demonstrated.
     
    clancey, Mar 16, 2006 IP
  14. jordan5815

    jordan5815 Peon

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    #14
    I know its a os but its different you wont see opensource its not like that at all trust me. opensource would lose money waaaaay too much. Im thinking about having the programmer im hiring along with the others tweak the main program in alot of different ways, and not release the other ones. So when microsoft releases it or whatever after i released mine, I can take them to court because hopefully my other os will be close to theres to be able to defend myself, But im not worried about opensource at all, They wont do this trust me.
     
    jordan5815, Mar 16, 2006 IP
  15. debunked

    debunked Prominent Member

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    #15
    apply for a patent and let that go its route, apply for patents in the different areas you are working in just like google does with PR, TR, etc... they keep things a bit hidden in a patent pending, and keep applying for new patents will keep stuff in the dark. Just a way of protecting things a little as you move on.

    When have you seen google stay still? they even pay their employees to play, umm I mean work on personal projects each day, keeping them creative and inovative which will keep them a leader in some field or another.

    I have this strange feeling jordon5815 is onto something here!
     
    debunked, Mar 16, 2006 IP
  16. jordan5815

    jordan5815 Peon

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    #16
    Good idea debunked, yes i am onto something very good idea too. Im just trying to cover my butt from getting it taken, from major companies.
    Well i think you are right i am going to have alot of patents and have people develop new things:)
     
    jordan5815, Mar 16, 2006 IP
  17. accentnepal

    accentnepal Peon

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    #17
    As for taking a patent jumper to court - Remember their lawyers are paid by the hour, win or lose. Their lawyers WANT you to file a case. And keep it going. And going. And going.

    The advantage the little guy has over the big guy is his nimbleness and speed-to-market with updates. Think runningback vs lineman. If he gets you he can stomp you, but he has to catch up to you first. Thankx to Abbie Hoffman for the metaphor.
     
    accentnepal, Mar 17, 2006 IP
  18. Phynder

    Phynder Well-Known Member

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    #18
    Wait a second - your not the programmer? Is this just an un-implemented idea?

    Good luck.
     
    Phynder, Mar 17, 2006 IP
  19. dj1471

    dj1471 Well-Known Member

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    #19
    You're forgetting something important:

    What if your idea is already covered by one or more patents owned by other companies?

    No matter how innovative your idea is, it's quite possible that it is. It'd be impossible to find out however, since there are so many patents and you have to be a patent lawyer just to understand what they cover. It's probably better not to actually check for patents which may cover your software, since it's better not to know than to knowingly infrige upon one. The problem then being that you could end up getting sued as soon as you release the product or forced to buy a license for a percentage of profits.

    What would you do when Microsoft steals your patented idea anyway? Sue them? They'd just show you all the patents they own which cover your product and you'd have to agree to let them use your patented idea in return for them letting you use theirs. There's nothing you can do to stop a big company stealing your idea unless you have *a lot* of money.
     
    dj1471, Mar 17, 2006 IP
  20. jordan5815

    jordan5815 Peon

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    #20
    Umm, I Seriously Seriously doubt it is taken lol, And the money issue, If i have someone make the software, i can have him make different versions of it really tweaked around in all different ways, I can take them to court. And if it comes down to it, If one of my patents are extremely close to theres or even identical it wont last long in court i will win. This i can guarantee no one has or probaly will ever have this idea, it is kind of like computers, but way different.


    Yes I am a programmer, but not C or C++ python or any of them i know php perl and multiple other languages.
    I am having someone build this software. To have this built it is estimated 20,000.00 Proably be more then that when it is finished.
     
    jordan5815, Mar 22, 2006 IP