Path: utzoo!dptcdc!jarvis.csri.toronto.edu!mailrus!ames!xanth!mcnc!rti!bcw
From: bcw@rti.UUCP (Bruce Wright)
Newsgroups: comp.sys.ibm.pc
Subject: Re: Possible software THEFT!
Summary: Sue the bastards!
Message-ID: <2893@rti.UUCP>
Date: 18 Apr 89 05:28:07 GMT
References: <4002@ucdavis.ucdavis.edu>
Distribution: usa
Organization: Research Triangle Institute, RTP, NC
Lines: 43

In article <4002@ucdavis.ucdavis.edu>, foss@iris.ucdavis.edu (Jim Alves-Foss) writes:
> Someone I know has spent considerable time developing the skills to become
> a programmer (specifically computer games). After a couple years of trial
> and error and detailed perfectionism a game was sent to several software
> vendors. A few expressed interest and contract negotiations began with one
> company. Shortly before final delivery the negotiations broke down due to
> "financial" troubles in the company.
> 
> Now, an advertisement has appeared in a computer magazine promoting a VERY
> similar (if not the same) game from this company.
> 
> What can this person do? Any suggestions? How can similar things be avoided
> in the future?

The summary pretty much gives all of your friend's options at this point.

When you are sending something like this to a company, it is imperative
for the parties involved to sign nondisclosure agreements (at least one
and possibly both parties will be given confidential data which is 
properly the property of the other).  This should take place BEFORE the
program is shown to them ... and at the very least, as it is being shown.

As one person has said about business contracts, never deal with an
individual or company you wouldn't trust on a handshake deal -- and
then never make handshake deals!

But a contract (and that includes a nondisclosure agreement) doesn't get
enforced automatically - if you've been injured, it's up to YOU to sue
for damages.  Nobody else is going to be looking out for your interests -
it's not a criminal matter.  If you can't afford it, or don't want to 
take the time, well, that's life in the big city.

Now of course I don't know the facts of this particular case - obviously
it's possible that there could be pretty similar games produced more-or-
less independently.  It certainly *sounds* suspicious the way you have
described it - why should *that company* come out *that quickly* with a
*very similar* game?

It really is unpleasant to feel that you have to count your fingers after
shaking hands with some people in the world, but unfortunately that's the
way things are.

						Bruce C. Wright