Software Monopoly! I need some advice!

W

whiteconfections

New Member
Allll right, here is the story.

I created a software to manage various farm animals and was doing a brisk business in it. I sold it mostly on a forum with an auctionplace, but then someone thought they should create a free software to do the EXACT same thing as mine.

Now, here's the bad part. The webmaster is integrating it with the forum! Now, this forum is the ONLY place I sell these. Anyone who has a computer that would potentially buy my software is on here. Now, why would anyone buy it when they can get it for free directly from where I'm selling it?

Can I do something about it? Lawsuit? It's not really monopolizing per se, but it could be considered it?


Thanks!
 
I'm going to sort of combine the two above posts into a statement...

You've GOT to copyright stuff like that if you're trying to sell it to a public market. If he didn't directly copy your program, you may be in a tough spot, but if there are identical code copies in his program, you might still be able to take him down.
 
Well you might have a chance:

http://www.templetons.com/brad/copymyths.html said:
1) "If it doesn't have a copyright notice, it's not copyrighted."
This was true in the past, but today almost all major nations follow the Berne copyright convention. For example, in the USA, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not. The default you should assume for other people's works is that they are copyrighted and may not be copied unless you know otherwise. There are some old works that lost protection without notice, but frankly you should not risk it unless you know for sure.
It is true that a notice strengthens the protection, by warning people, and by allowing one to get more and different damages, but it is not necessary. If it looks copyrighted, you should assume it is. This applies to pictures, too. You may not scan pictures from magazines and post them to the net, and if you come upon something unknown, you shouldn't post that either.
Click to expand...
 
What do you mean by exact same thing? A copy of your program OR another program that just does the same thing?
 
As long as he didn't plagiarizer any of your code or design, he's not really doing anything illegal, or even immoral. However if you feel that any of the unique elements of your program were stolen, then you could possible have a case.

A few things you might want to look into to decide whether or not to pursue this:
http://en.wikipedia.org/wiki/Software_copyright#United_States
http://en.wikipedia.org/wiki/Abstraction-Filtration-Comparison_test
http://en.wikipedia.org/wiki/Computer_Associates_Int._Inc._v._Altai_Inc.
 
Im listening and found interesting. i do agree should not be part of any code you might have implemented. On the other i don't think it would always in your best interest to prosecute.
first i think it would go to federal court. (just guessing). On the other hand if your wrong and you loose i would think he may be deep in your pockets. i would say and know from another standpoint and some experience. not with software. the counter suit might be criminal prosecution and extorting for profit. might want to get professional advice if your serious. might want to talk to the best in the field. good luck on this one.
 
The program has almost exactly the same layout and has EXACTLY the same features that mine does. Like, each tab when clicked shows a screen identical in almost every way as mine. He may have not copied the actual code, but he copied the design, the elements recorded, and the functions mine performs.

At the very least, do you think I could talk to the administrator and say that this may not be a good idea? He obviously would not want to be in the middle of something like this (unless he is an idiot....)
 
Do you have a free legal advice centre where you live.We in England have whats called Citizen Advice Centre where you can get advice on more or less
anything and it's free.Also we can get 30 minutes free consultation from solicitors.
 
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russb said:
Do you have a free legal advice centre where you live.We in England have whats called Citizen Advice Centre where you can get advice on more or less
anything and it's free.Also we can get 30 minutes free consultation from solicitors.
Click to expand...

I could ask some of my relatives who are attornies.
 
You have to give people a reason to buy your software rather than getting the free version. I'm assuming the free version is not a pirated version of your software correct? Make your software better, provide better support, include other items when they buy, basically distinguish yourself.

I will add it makes no sense that you have not found other avenues to market your software. There are literally thousands of channels for software marketing. Consider attending the Software Industry Conference http://www.sic.org it has some great information for marketing online, software devleopment and markeitng software.
 
MayaLocke said:
I will add it makes no sense that you have not found other avenues to market your software. There are literally thousands of channels for software marketing. Consider attending the Software Industry Conference http://www.sic.org it has some great information for marketing online, software devleopment and markeitng software.
Click to expand...

Thanks for your input... this is actually a niche market item, and this is the only major niche market website available... I've tried other markets but they don't generate any sales.
 
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