A friend of mine have noticed some similarities in commercial software package and an application i have written (someone is selling product bundled with a bit changed version of application i wrote). And looks like the authors of that software simply ignore my emails.

So i wondering if anyone have any suggestions on what to do in such situation?
Posted on 2004-09-08 09:20:20 by arafel
Crash into their house and beat them up with a bat! It's even more fun if you do it together with friends.
Posted on 2004-09-08 10:36:28 by Sephiroth3
Contact their reseller :(
Posted on 2004-09-08 12:08:13 by Ultrano
are it big similarities? (like only pictures changed and stuff)
Posted on 2004-09-08 12:19:01 by Hiroshimator
the similarities are pretty big.

i have disassembled the code and there was only some minor code parts removed and also the gui layot changed a bit, so about 70 percents of it left intact.
Posted on 2004-09-08 13:10:46 by arafel
And those 70% are a lot more than just runtime (if using such)? Dunno how much you ned to prove, if you can even get a trial or something... especially as an independent, these thing suck.
Posted on 2004-09-08 13:58:20 by f0dder
email them and threaten to sue them, and say you have already hired a lawyer, and gathered sufficient evidence.
Posted on 2004-09-08 16:12:50 by Drocon
in most places, saying you're going to sue without the intent, and sending a letter stating so and saying you've retained an attorney would get yourself into too many troubles. Second, if you've hired an attrorney, likely, they would be the one sending the letter. Why retain legal counsil if you are going to do all the paper work yourself? Next, if you forge a legal notice and they respond, you're in massive big trouble when they call your bluff.


Thanks,
_Shawn
Posted on 2004-09-08 16:42:13 by _Shawn
I don't know much about law especially if it's across country borders. Hopefully, there is a software or legal association to assist you as I can't imagine much could be done by yourself beyond what you have already done.
Posted on 2004-09-08 23:05:52 by bitRAKE
Well.. hiring a lawyer is probably the only solution, but i doubly will do it as i don't have resources to spend on this (i checked some info and hiring one will cost some serious amount). Also i am not even sure how much the situation is a winning. What if they say that i stilled the code from them? This problem is that this code i have posted only to some ftp's and it's not like a very active application where first release date can be easily proved.
Posted on 2004-09-09 04:53:44 by arafel
May I ask where your app is and where theirs is?

Just curious.
Posted on 2004-09-09 07:42:26 by JimmyClif
My app were on some ftp (ftp.huji.ac.il if that matter) server some time ago and it's no more there.
And I don't want to post the link to 'their' site, as i don't think it will be honest (despite of their dishonest behaviour) to afficiate in public that company as thieves.
Posted on 2004-09-09 09:17:15 by arafel
Dont know if this matter, but you have a copyright or a way of registration of your app?

The application is large enought to claim that the similarities indicate a plaguiarism, or have some complicated parts that is dificult to replicate in the exactly the same way?



Anyway I will need see and understand the rules about this, because I whant some of my programms be protected at this way, bad that the mechanism used cost much money (and time?).

I sugest if there is a place for this things where you live, go and talk in a way of get information.
Posted on 2004-09-09 09:38:09 by rea
If you can gather witnesses that are willing to say that they downloaded your variant before the company released their variant, then you may convince the judge (or if not, just buy yourself some witnesses and give them the program). You might want to consider not hiring an attorney since you say you're on a low budget.
Posted on 2004-09-09 12:14:03 by Sephiroth3
hgb:

- There was a copyright explicitly saying that usage of the code is forbidden for commercial use.

- The application isn't that much large. but most functions is exactly the same as i have in my code. I am talking about functions that exceed 5000 line of code barrier. And when that's written in assembly (so it's easily comparable when disassembling) and make use of some custom structure of database files its kinda obvious that some kind of borrowing took place.

- Currently searching for place that deal with suck kind of stuff, but with no luck. searching in a wrong place probably...

Sephiroth3:

Yeah i got a couple of witnesses. That might help..
Posted on 2004-09-09 13:04:04 by arafel
you don't have to hire the lawyer, just threaten. Contact the host of their website, ping it and whois arin it and contact abuse showing proper evidence of how they're distributing copyrighted software, I can't think of a host that would take litely to the threat of a law suit.
Posted on 2004-09-11 13:42:34 by archphase