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, aus@auslander.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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