Are you thinking about selling the same type of product as this other company? Or do you want to copy their business model? Or....?
Are you thinking about selling the same type of product as this other company? Or do you want to copy their business model? Or....?
Hi, I am an IP litigator at a major NY firm. Hope I can use my expertise to offer help.
The answer is it depends. If this guy who posted this idea (he is called the Creator) and has a lot of ideas written down about implimenting this idea into a real website, then it could presumably be theft of his intellectual property. If not, and he simply said something in the course of discussion, he is not entitled to protection of the law.
Of course it depends on the manner, nature, and conduct of the Creator. You, the "winger" as it's called, are in a position of difficulty and if you are serious about starting this website (called a "fledgling-formed company"), you will need a legal department anyway, and they can assist you fully with issues of this formality.
Good luck.
From my knowledge I agree with IP Lawyer.
Ideas aren't protected under copyright law. It only protects the particular expressions of an idea which a turd chooses to write down (or record). So while it might "depend" if you rip phrases or other stuff (the expression of the idea) from the website, just paraphrase and tell the guy to eat crap. Did James Cameron have to worry about stealing an idea from Ferngully? Nope.
This is how lawyers should work:
Q: "I wanna steal some guys idea what he stupidly put on the internet, can I do it?"
A: "Yes."
I just saved you a thousand dollars, you're welcome.
(And yes, I am an IP lawyer.)
I am an independent inventor (check out US patent 6224483 for starters).
What the IP attorney is referring to is what we call "prior art." If the Patent Examiner knew about this website that you are referring to, you would probably not have your invention allowed. Furthermore, you have an obligation to disclose any known prior art in your application to the USPTO.
If you were to receive a US Patent for the invention as described in another person's website, your Patent could be invalidated. Trying to patent someone else's invention is blatantly illegal.
IANAL, but I think we're discussing two types of IP. Patentable ideas are not automatically protected, so if someone posts an idea and doesn't make it clear that they are considering patenting it (or are not already in the process), then I would think the idea could be used by anyone. Clearly, the OP couldn't patent the idea, but could make the product/business idea.
On the other hand, copyright is automatic, so if you copied significantly the text of the webpage, then you would be in violation of copyright.
Sounds like the real issue is whether the idea on the website can be patented. If so, then pony up some cash for an IP guy to see whether the idea has a patent pending or whether the guy with the website was dumb enough to publicize an unprotected idea.
Patents protection can be broad, but a novel business idea (a landscaping service that also grooms dogs) cannot be patented.
And if you are thinking about going for it, remember that patent lawsuits are the most expensive form of litigation out there and can yeild the highest damage awards. Be sure to incorporate/LP/LLC the hell out of what ever you are doing so you are protected from the risk.