Re: Re: Can I do this legally?
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Posted by Bill on March 10, 2001 at 09:33:58:
In Reply to: Re: Can I do this legally? posted by M. Arthur Auslander on March 10, 2001 at 04:49:31:
: : Hello,
: : I work in an academic environment as the principal
: : software developer on a noncommercial product. This
: : product has a good deal of commercial potential and
: : may in fact become commercial at some point. I am
: : thinking of leaving my job to start my own company
: : producing what would essentially extend this product,
: : but starting from scratch and not using any of the
: : same code.
: : Are there any legal problems associated with this?
: : Would my current employer have any rights to the
: : product that I created after I left?
: : Bill
: Dear Bill,
: #1 Maybe.
: #2 Maybe.
: M. Arthur Auslander
: Auslander & Thomas-Intellectual Property Law Since 1909
: 505 Eighth Avenue, New York, NY 10018
: 212-594-6900, fax 212-244-0028, email@example.com
: ELAINE's Workshop (sm)
: E arly L egal A dvice I s N ot E xpensive
I picked up a book on intellectual property law
and see that the major areas that potentially
apply are trade secret law, copyright law, and
patent law. I think I can exclude trade secret
from my list of concerns, as software design
diagrams and screen shots are posted on a public
website, with full managerial knowledge. The
software itself is just an implementation of a
publicly available design specification.
Given these circumstances how likely is it that
a copyright and/or patent lawsuit against me would
succeed? Or is it just impossible to say? ;-)
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