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Legal questions...

 
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All Forums >> Web Development >> Search Engine Optimization and Web Business >> Legal questions...
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Nicole

 

Posts: 2854
Joined: 9/15/2004
From: Nambucca / Kempsey, Australia
Status: offline

 
Legal questions... - 5/16/2005 6:38:58   
My fiance's friend needed his business website re-designed, so I created 2 prototypes each of 2 pages and saved them under my URL to show him when I visited him to discuss his job.

He was very impressed by my prototypes, but now, months down the track, i'm informed that his wife's friend will be doing his website re-design.

I'll now remove those prototypes from my website, but i'm now wondering what would happen if his new site looks suspiciously close to one of my prototypes?

I know this is one of my fiance's friends so I probably wouldn't do anything but put it down to experience if this did happen, but if this did happen with a potential client that I didn't know, would I have a legal leg to stand on?

and....

Just how similar is similar enough to accuse someone of stealing your ideas?

Any ideas?

Nicole

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golfer

 

Posts: 1815
Joined: 1/5/2005
From: Bath, Wiltshire, UK
Status: offline

 
RE: Legal questions... - 5/16/2005 7:47:07   
Hi Nicole

I am not a solicitor but from what I understand under English law you have to prove that they have copied your site and it would have to go to court. This could become very expensive especially if you fail to prove the case. In this particular situation it probably would not be worth it. May be different in your country though.

If it does happen then a quiet word to him to say how disappointed you are in him abusing a friendship let alone your professional skills. It would probably cause him some embarrassment which may result in some recompense.

Ian

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Ian

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(in reply to Nicole)
Donkey

 

Posts: 3929
Joined: 11/13/2001
From: Blackfield United Kingdom
Status: offline

 
RE: Legal questions... - 5/16/2005 8:21:37   
quote:

what would happen if his new site looks suspiciously close to one of my prototypes?
I also am no solicitor, but I know that it is going to be very difficult to claim that they have copied your concept. Websites tend to look fairly similar anyway because they are all put together using the same few technologies and basic structures. It is quite conceivable that 2 designers using the same method of building a site might come up with very similar layouts, and this would be almost impossible to disprove.

Your only hope in a legal situation would be that they copied it exactly by lifting your code/images and just reusing it. It may be worth hiding a commented out copyright statement in the middle of your code just in case they are sloppy enough to copy that as well.

However even then the costs/benefits of legal action don't usually add up. Ian's advice given above is spot on.

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I have a higher and grander standard of principle than George Washington. He could not lie; I can, but I won't.
Samuel Clemens

(in reply to golfer)
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