

Ask HN: Legal risk of signing up on a competitor's website? - mjfern

If you are developing a new application and exploring the competition in your market, is there a legal risk of signing up on the competitor's website and agreeing to the terms of service (especially relating to ownership of intellectual property)?
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willheim
I can't see how. You're not scraping, not stealing code, not doing anything.
You're just checking them out (and they will likely check you out).

Auto companies tear down each others cars. Tech companies tear down each
others products. Grocery stores check out each others prices.

and so and so on.

None of them steal. Just poke, prod, look, and learn. Then apply to their own
if it's suitable.

I have never seen a Non-compete clause in any TOS.

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willheim
Just to add to this; Seems My____ (the site formerly known as MySpace) ripped
off a stealth start-up called pintrist.

<http://techcrunch.com/2010/10/27/myspace-pinterest/>

This goes a bit beyond what you're talking about as it's not just checking it
out but blatantly imitating. That said, the fallout is likely to come down on
My_____, at least amongst the technorati.

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exline
I've looked at several competing services. I look for screen shots, videos,
test accounts and finally a real account.

Just keep in mind that you don't want to be too focused on what your
competition is doing. Its ok to check them out, but focus on your customers.
They are the ones that really matter.

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ceejayoz
I imagine that would depend on what the terms of service says.

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staunch
...and whether any applicable language is enforceable.

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curt
As an aside non-competes are worthless unless you include 'consideration'.
What this means is that you offer something of value to someone in exchange
'in consideration' for not working for a competing firm. From personal
experience with a good lawyer non-competes without consideration aren't worth
the paper they are written on.

