Sad... is there any way to sue a big company and win? :(

[imported_Tomato]

Not really the topic of this thread, but semi-related.

This is kind of a personal issue, but hopefully someone here will be able to help.

My father is a software developer, and works independently... I'm only a wanna-be techie, so please pardon my lack of technical terms in this post. My father is the author of a somewhat well-known program and is always working on developing more programs in his field... but he's been having a very rough time lately, partly because of the tech bubble, but mostly because bigger companies (i.e. Microsoft) have been copying his work and selling it as their own. He doesn't have enough money to sue them, and I guess major corporations like Microsoft screw the "little guys" on a regular basis... but is there ANYTHING that can be done about it?

Someone from Malaysia has copied his website almost EXACTLY, and is selling his software from that country for less. Is there anything that can be done in that situation? My father is a very smart man when it comes to computers, but I don't think he's that familiar with legal issues in an instance like this one.

If anyone (or anyone else's father/uncle/etc.) is in a similar situation, please feel free to PM me. It just hurts seeing him working so hard (14+ hours/day), trying to support a family of five on his own, and not getting any recognition or financial support for it.

Thank you.

Peace,
Dezign

 

[FettsBabe]

You need to see an attorney in the IT field. Software theft has become a major area in which attorneys can win; however, it is my understanding that it can cost thousands of dollars just to hire an attorney. The best thing to do is ask around and see if their are an attorneys out that that would do it on a contingency fee basis (if he wins the attorney gets a percentage...generally 35%).

 

[wnied]

So let me get this straight...

Your old man is author to a program that was essentially stolen by Microsoft and reproduced under another name, and he hasnt been able to find any legal representation that will take his case on a commission basis alone? Microsoft = Gobs of liquid cash that any shark would just about fall over themselves to get at. Most cases against Microsoft get the out of court settlement that will pay your legal fees and make you and your legal representation a pretty penny.

Its not a matter of money really, its just a matter of getting off your ass and proving your dad created the program. Once you have a solid base of evidence in your fathers favor...you use your elected mouthpiece to garner the financial asset you desire.

~wnied~

 

[imported_Tomato]

Thank you for the thoughtful and useful advice, FettsBabe. I really appreciate it.

You have it straight, wnied. I think the evidence is pretty straightforward (from what I've seen, and from the reviews of others), my father just has no clue how to go about doing that. He's not originally from the US, and may not understand the system as much as I believe he needs to.

Is there any way to deal with the Malaysian person running another site (a ripoff of my father's, right down to the button), selling my father's software (with a different name, of course) at a slightly lower price under his own name? I believe there may be another "copycat" based in Norway, as well.

Peace,
Dezign

 

[JustinSampson]

About the website copying your dad, a letter to the persons host (assuming their not hosting the site on their own server) will get the site taken down almost 100% of the time.

I have a great article on exactly what to say and do, just give me a minute to find it.

 

[notfred]

What software is this?

 

[JustinSampson]

Here's the article: "Design Theft - A Webmaster's Resource".

If you have any questions drop me a PM, I've been through this several times.

 

[katka]

Check the 60 minutes web site. They did a report on an Attorney who has successfully sued several BIG companies. Nike, and a few others. I am sure that the site will have a contact us information. They should be able to provide you with his name.

 

[imported_Tomato]

I have to go get some work done for my boss, but I'll be back in a few hours. Thank you again for all the advice, I'll be going through all of it in detail with my father soon.

Peace,
Dezign

 

[DaveSimmons]

You have it straight, wnied. I think the evidence is pretty straightforward (from what I've seen,

Maybe, but MS may just have copied his idea or they may even have had the same idea for themselves.

Notice how Hollywood often has two very similar movies come out the same year from different studios (asteroid impact, mission to mars, undersea creature, etc.)? This wasn't theft, just two different scriptwriters reading Scientific American and thinking "hey, that article gives me an idea for a movie!"

Also, a general idea like "Word processor" isn't protected from copying, just the specific source code for your word processor.

 

[imported_Tomato]

One more quick post before I take off.... before the tech bubble burst, he was involved in negotiations w/Microsoft (they were considering buying him out). Afterwards, the talks stopped, and shortly after that, Microsoft's product came out. There are too many similiarities for it to be a coincidence, from what I've seen.

Peace,
Dezign

 

[DaveSimmons]

That could help if he has records, especially written ones. Unless he gave them his source code or other design details he still might not have a case though.

For example if he came to them with streaming-media ideas they are still free to say "no thanks" and then develop something similar on their own.

 

[bolido2000]

Can you tell us the software's name or the Malaysian website?

 

[datalink7]

Originally posted by: notfred
What software is this?

 

[pillage2001]

Malaysia you say?? PM me with the site and details. I'll see what I can do. I've got friends in Tech areas in Malaysia.

 

[MinorityReport]

Plz contact me. PM

I might be of some help.

In my case, I have owned and operated www.aiol.com since 1997.

Now every month I get threatining letters from AOL to give up or sell it.

This makes me even more convinced to figth them .. with every threat I am more resolved to keep it running.

God help the underpriviliged !!

 

[SherEPunjab]

Originally posted by: MinorityReport
Plz contact me. PM

I might be of some help.

In my case, I have owned and operated www.aiol.com since 1997.

Now every month I get threatining letters from AOL to give up or sell it.

This makes me even more convinced to figth them .. with every threat I am more resolved to keep it running.

God help the underpriviliged !!

All India Online. Cool!

F
*
C
K

A
O
L

 

[manly]

Originally posted by: Dezign
One more quick post before I take off.... before the tech bubble burst, he was involved in negotiations w/Microsoft (they were considering buying him out). Afterwards, the talks stopped, and shortly after that, Microsoft's product came out. There are too many similiarities for it to be a coincidence, from what I've seen.

Peace,
Dezign

MS has played the NDA game many times before ripping off IP. IMO, litigation is not feasible by any stretch of the imagination.

GL to your father.

 

[SyahM]

Malaysia? yeah ,.. PM me and pillage2001, I could ask my friend to look it up, maybe physically take the site down

 

[Harvey]

This is what patents and copyrights are about. I hope your dad has his work registered and protected. If so, it's attorney time.

Good luck. You'll need it, but if the protection is well written, he has a chance.

BTW, remember this when any of you start thinking how kewl it is to file share (rip off) other people's music.

 

[ElFenix]

might want to get the feds involved in the malaysian thing seeing as how this could be an international trade dispute

 

[xuanman]

whoa, this sounds eerily like a question from my contracts exam...except for the malaysia part. at some point, your dad would need to consult an attorney in order to take any action. he should at least talk to a couple people and they can give him a better idea of how much the litigation would cost, chances of winning, etc.

 

[XZeroII]

Show us the two websites and tell us what software MS copied. We can then tell you what we think.

 

[bmacd]

Originally posted by: XZeroII
Show us the two websites and tell us what software MS copied. We can then tell you what we think.

that's what i'm thinking....

-=bmacd=-