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This guy made $40,000+ off my licensed design, now what?

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Chip Fixes

Wed May 07 2014, 01:23AM

Registered Member #3781 Joined: Sat Mar 26 2011, 02:25AM
Location:
Posts: 701

In 2012, I uploaded my Slayer Exciter design to Instructables with the creative commons license:

I was doing some browsing and came across this Kickstarter which was published a year after my Instructable:

I know there are a lot of Slayer Exciter circuits on the net but it seems like he blatantly copied my design, including the design of the schematic, parts used, and even the layout of the parts (look at his circuit board).

My schematic:

His schematic:

I have Kickstarter's "report copyright infringement" form typed up but I am unsure if I should submit it because I am worried Kickstarter will only remove his Kickstarter but won't do anything else.
I would like to get some money out of this if possible considering how much he plagiarized and considering he is still selling the kits on his website. Anyone have any advice?

Patrick

Wed May 07 2014, 02:39AM

Registered Member #2431 Joined: Tue Oct 13 2009, 09:47PM
Location: Chico, CA. USA
Posts: 5639

i dont know if you can get money, is yours only licensed through creative commons?

I would definitely report it to kickstarter, as they can take action thats free to you, instead of a high price thieving lawyer, though youll need one of those too.

next, youll want kickstarter, and others like me to know he's a coward and burn his street cred to the ground. So he cant rob any others using kickstarter or indegogo.

Chip Fixes

Wed May 07 2014, 03:26AM

Registered Member #3781 Joined: Sat Mar 26 2011, 02:25AM
Location:
Posts: 701

It is, I didn't realize there was a market for them and I didn't think anyone would be so blatantly obvious (oops).

Alright sounds good. I'll update my Instructable. Thanks!

Patrick

Wed May 07 2014, 03:58AM

Registered Member #2431 Joined: Tue Oct 13 2009, 09:47PM
Location: Chico, CA. USA
Posts: 5639

there maybe more to do, but you'll need someone who isnt a going to rip you off at every turn.

remember lawyers profit from the victim and the perpetrator.

Chip Fixes

Wed May 07 2014, 04:33AM

Registered Member #3781 Joined: Sat Mar 26 2011, 02:25AM
Location:
Posts: 701

Would it be a bad idea to send him a personal message to see if I can settle it "out of court"? I'm 20 and haven't dealt with this sort of situation before haha.

EDIT: I also have very limited funds for legal fees, being in college and all.

Patrick

Wed May 07 2014, 05:00AM

Registered Member #2431 Joined: Tue Oct 13 2009, 09:47PM
Location: Chico, CA. USA
Posts: 5639

Chip Fixes wrote ...

Would it be a bad idea to send him a personal message to see if I can settle it "out of court"? I'm 20 and haven't dealt with this sort of situation before haha.

EDIT: I also have very limited funds for legal fees, being in college and all.

This is the typical problem. I don't know what to advise you to do. It makes little sense to spend 20k $ on a lawyer who recovers 19k $.

But I wouldn't let this matter go.

Chip Fixes

Wed May 07 2014, 05:01AM

Registered Member #3781 Joined: Sat Mar 26 2011, 02:25AM
Location:
Posts: 701

I'm going to contact an Intellectual Property Firm here in Milwaukee tomorrow and see what they say before I do anything.

EDIT: Although I did submit the Kickstarter form (I have a PDF of his Kickstarter saved on my desktop in case they take it down).

Patrick

Wed May 07 2014, 05:05AM

Registered Member #2431 Joined: Tue Oct 13 2009, 09:47PM
Location: Chico, CA. USA
Posts: 5639

Chip Fixes wrote ...

I'm going to contact an Intellectual Property Firm here in Milwaukee tomorrow and see what they say before I do anything.6

That's good, contacting him may reduce your options in his legal ass kicking.

Dr. Slack

Wed May 07 2014, 07:58AM

Registered Member #72 Joined: Thu Feb 09 2006, 08:29AM
Location: UK St. Albans
Posts: 1659

It's a bitch isn't it, when you feel you've been ripped off.

But, take a step back. You posted Slayer without thought of making any money. As of today, you haven't made any money. That sounds to me like your expectations have been met.

There's two parts to making money
a) get a good idea
b) then do a lot of spade work, presentation, selling the sizzle as much as the sausage, brass neck, cojones.

Are you jealous that he's making some and you're not?

He shouldn't just take your idea without asking, that's not nice. But are you sure he took your idea? Could you convince a court that it's your idea he took.

Do you want money off him? I don't know whether the CC license gives grounds for that. An apology? To wreck his life?

I've done IP litigation, fortunately on somebody else's money, and most IP lawyers won't even pick up a pen for $40k, if they write anything it's $80k. You might wonder about a conditional fees arrangement, but that's got to be paid out of your winnings.

You know what I'd do? Adopt a Zen pose and let the hurt dissipate. Ranting on here probably helps. Then approach the guy and say 'you ba$tard, I think you took my idea, and I'm really pi$$ed that you're making money from it, and I hadn't thought of that. But, I'm a reasonable guy, and I'd like some money too, so now you've shown me how to do this commercial thang, howabout I design an upgraded version, you market it, and we split the dough'. It's always easier to make money with an agreement before, than a fight afterwards.

Chip Fixes

Wed May 07 2014, 08:40AM

Registered Member #3781 Joined: Sat Mar 26 2011, 02:25AM
Location:
Posts: 701

Those are some good thoughts Dr. Slack, thank you.

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