Legal Question in Technology Law in Maryland
Web application copyright question
Hello , i will use an example to ask this question. Say I am starting a new web site that funtions basicly identical to Ebay.com. If my site uses none of their picures, none of their text yet the web application works almost exactly the same ebay.com works would this be infringment ? Where is this line drawn ?
2 Answers from Attorneys
Re: Web application copyright question
Not infringement. Marks, logos, branding is copyrightable, not process.
The concept of an online auction is probably not patentable, either. Auctions are an old concept, not patentable; it is not a new, original patentable idea to have an auction on the internet, just another use.
Re: Web application copyright question
Actually, the problem is likelier to be patent infringement -- eBay itself has been sued by someone claiming to have filed a patent before eBay started, and press reports suggest that they may have a real problem.
On the copyright front, you are right in your underlying assumption that the idea or concept of an online auction site is not protectable by copyright; therefore, if you use different layouts, graphics, and text sufficient to avoid a literal infringement problem, you would be fine.
Best wishes,
LDWG
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
