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283

answers:

6

We are about to start a competitive product and to do so we need to look at the competition. If someone you know has a legal copy of a competitive product, is it illegal to make some screenshots in order to remember certain things for your solution? What do I need to know?

Thank you.

+4  A: 

I'd speak with an attorney and read the license agreement very thoroughly.

However, I think taking screen shots of an application that you paid for is legal. (This is not legal advice, just my thoughts.)

samoz
+2  A: 

You can look at their software within the terms of any applicable license. This often includes a clause that denies permission to reverse-engineer the application, so you could be in shaky territory if, for example, you bought a license, had a play and used your experiences to write an application based on what the original application did. This isn't so much a question of taking screen shots but more linked to any license you've signed up to either via a tickbox or inherently as part of terms of use.

Sohnee
Sohnee's spot of w/the focus. The screen shots aren't the problem. The fine line between "inspired by" and "copied exactly" is the issue.Speak to a lawyer so you don't step over the line into copyright infringement.
Mark
+3  A: 

Can you not "clean-room" it in the same way that chips are reverse-engineered?

Have one team document the user interface (redrawing the screens, not just taking screenshots), and passing the documentation to the other team?

It worked for the chip companies :)

Andrew Rollings
Of course, I am not intending to take only screenshots. My intention was to avoid drawing the interface since I'm going to be visiting this person alone. To my mind, drawing the interface and taking screenshot is the same thing. If drawing is legal, isn't screenshot too? This is basically what I'm asking here. ;)
pek
+1  A: 

We do not know the licensing terms of this product you're competing against. We do not know in which country you live.

Hire a professional lawyer. Give him the license agreement of the product in question to read.

Tadeusz A. Kadłubowski
I don't know the licensing of the product either. ;) So, I agree, it all depends on the license after all.
pek
+2  A: 

Andrew Rollings is correct use a "clean room" and redraw the screens by hand and paraphrase any text.

The absolute last thing you want in your possession is actual screen shots and copyrighted text when the lawyers start the discovery process. Particularly you don't want screenshots of their software in your development documentation.

Hire a team of contractors none of whom will ever meet or speak with your development team.

kloucks
What you said about might be legal, but it sounds so silly. I can draw it and I can paraphrase, but I can't take a screenshot.
alex
go ahead take the screen shot - when a lawsuit crops up the lawyers from the opposing side will be delighted and grateful you did! Your lawyers, not so much!
kloucks
@Alex: having worked on a couple clean room teams the point is to capture and reproduce functionality not the specific UI. It also frees your developers to create a better more intuitive/imaginative UI.
kloucks
+2  A: 

In this circumstance, the end result is typically going to be more important than the process. Like kloucks says, you don't want screenshots or word-for-word text in your posession as evidence, but you may also find yourself in danger of copyright infringement if your software to closely mirrors your competitors. While a feature comparison can be useful in establishing the marketplace, be wary of mirroring interface or layout (although I understand that certain ideas have only so many permutations).

You should be alright if you stay within any license, and a specialist lawyer may be entirely optional (depending on the size of both your team/firm, and the competition). Typically, similar entries are harder to discourage due to measures such as anti-monopoly laws, but this varies extremely by both state (United States) and country.

This does not constitute legal advice and I hope to be in no way responsible for whatever terrible outcomes may befall you (I do wish you the best of luck though!).

Jon