NSW Copyright Infringement for Undeveloped App - Can I be Sued?

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Samuel2012

Member
5 September 2017
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My former friend and I came out with an idea for an app nearly 2 months ago. On the night we were talking about developing an app for a service industry, we talked about features and how we could monetise it. We recorded our conversation so we don't forget the ideas.

At the end of the conversation, he suggested to just incorporate those features into an app that he prototyped 2 years ago that has nothing to do with the service industry, to which I didn't agree on, as that would has gave him immediate full ownership over our new app idea.

2 weeks after I called him to set up a meeting to discuss the development of the app as I had new ideas for features to which he said he didn't have time. After getting this same answer a couple of times more in other different occasions, I asked him if he wanted to actually develop the idea for the app or if I should go for it with someone else. He didn't answer.

The next day he accused me of stealing his idea. He is planning to take legal action if I develop the app, also he said he will develop "his idea" with someone else. I have tried to reach him in order to clear things up since then several times but he refuses to answer the phone or setup a meeting.

I have developed the prototype for the app by myself which he had nothing to do with and has no resemblance whatsoever with my friend's 2015prototype.

I have a developer who could do the coding if he takes half of the partnership, but I'm concerned about a potential copyright lawsuit that could shut down the project at the programming stage.

He claims it's his idea, but the truth is that we both came out with this in a brainstorming session. It's a new idea for a new App. His 2015prototype has nothing to do with the industry service and its functionality is completely different with a total different purpose to the one we discussed.

I do acknowledge that the prototype I have developed has ideas he provided on that night as well as many other ideas I provided. There is no written agreement of any kind and the verbal agreement we might have is quite ambiguous as nothing was actually established nor agreed on apart from "...lets develop an idea for an app.."

However, I didn't get him out of the project at any point. He just accused me of stealing his idea. I think he wants to be able to claim ownership of the project in case the app is successful while he is developing his idea which is incorporating all the concept and features we came up with for a new app, to his 2015 prototype which he fully owns.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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514
2,894
Gold Coast, Queensland
lawtap.com
You can't copyright an idea, even if you came up with it on your own. It's the expression of the idea that gains the copyright.