A Fun Fight
October 30th, 2008 Chris
First, let me apologize for my wimpiness. I’ve decided to make these postings weekly – each Wednesday. There is simply too much going on despite my best efforts to gently coast till retirement. As I’ve mentioned before I’m teaching in the local University’s MBA program and now I’ve landed a gig doing training for a large high-tech company. It’s quite a shock – having to shave and wear pants on more days than not.
But it’s not all work – last week we got to have some fun. I say fun in that I think we all occasionally enjoy catching someone doing something bad and then exposing the act for all the world to see.
In our case, it was some who had been stealing articles and letters from other sales trainers and posting it as their own material. In fact, in some cases, they had even been selling them as white papers – again all based on ripped off material.
We found out from someone who had googled an excerpt from one of Colleen’s article and found it on another trainer’s site. Then the fun began…
We did the right thing – attempting to contact the person involved to get some explanation. But none was forthcoming. In fact, in the interim, more people came forward to point out other works that this same individual had been stealing.
So this begs the question – what do you actually do? It’s pretty easy to get frothy, exclaiming that you’re going to drag this person’s ass into court and take their home, their car, their first born, etc… But it’s always important to think about how much you’re actually willing to spend (dollars and time) versus the damage being done.
Lawyers are expensive, legal action is time consuming. You really need to think about what outcome you’re willing to pay for. For us, the biggest issue was to ensure that we’re getting credit for our own IP. We could achieve that without going directly to court. Instead, we sent of the following letter – ensuring the guilty party knew he was caught.
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And it achieved exactly what we had hoped. The site that had the offending articles was taken down and I suspect Bob won’t be stealing from others any time soon.
The other benefit, it terms of getting that warm and fuzzy from making life hell for those that transgress against you, was that in the process the guy’s reputation has been trashed. As the expression goes (a la MasterCard): Suing someone in court, $1,000,000. Ruining their reputation and destroying their way of life, priceless.
Now, one problem that can occur is if someone rips you off and they aren’t held accountable. It can be seen as a dangerous precedent – showing others that they can do the same. So, you may be faced with the situation that unless you “invest” in taking legal action, you will lose more in the long run from repeat transgressions against you. In the patent world, it’s not uncommon to set a precedent by suing someone who infringes on one of your patents – just to show the world that you don’t tolerate the behaviour. Then, hopefully, you don’t have to do it again (patent lawsuits can be very expensive – $2M+).
So, keep you eyes open for people taking liberty with your intellectual property and copyright material. Once in a while, Google a common term or expression you use. If you find someone stealing from you – do something. It doesn’t have involve a trip to the courthouse but you must set the precedent.
C.
Posted in Legal | 2 Comments »

As I’ve mentioned (ad passim, ad nauseum), I am not a big fan of blinding outsourcing everything. I find too often that you lose critical control of pieces that are key to the business and it’s just doesn’t make financial sense much of the time.
First, my apologies for missing my deadline yesterday. It was our federal election here in Canada and I was busy trying to hide my civil liberties in case the conservative government won a majority and tried to take them. That didn’t happen so I feel free to express myself, once again, freely.
We just closed out our fiscal year last week. We had a good year thanks to my uber-saleschick partner.
Colleen came home for a brief pit-stop before leaving me again - this time leaving for …ah… Actually, I can’t remember where. I stopped trying to track her travels. Not that I don’t care - it just doesn’t matter in this day of cell phones and blackberries (surely iPhones?).
I can’t stand complainers. I’m sure we’ve all met them – those people that have a thousand excuses why they aren’t doing better, be it in work or their personal life.