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THREAD: @Ciano974 asked me some great legal Qs regarding SportStack Careers (see quoted tweet), which bears some obvious similarities to #footballindex.
Pls share if you find my answers interesting. Intellectual Property is a fascinating topic, and writing this stuff takes time. https://twitter.com/Ciano974/status/1327330271465795584
Pls share if you find my answers interesting. Intellectual Property is a fascinating topic, and writing this stuff takes time. https://twitter.com/Ciano974/status/1327330271465795584
Before I start, please note that nothing in this thread constitutes legal advice in any shape or form, and should not be construed as providing legal advice.
It is for information purposes only.
OK let's get going...
It is for information purposes only.
OK let's get going...
There are 3 main ways that businesses like FI can protect their work:
1. Trade Marks
2. Patents
3. Copyright
(- also Design Rights, but I won't discuss these)
I'll talk about each of these and how they relate to FI. Hopefully by the end I'll have answered Ciano's questions...
1. Trade Marks
2. Patents
3. Copyright
(- also Design Rights, but I won't discuss these)
I'll talk about each of these and how they relate to FI. Hopefully by the end I'll have answered Ciano's questions...
1. Trade Marks
Businesses buy these to protect their name/logo etc. Anyone can look up the TMs a company owns.
If you're interested in seeing what TMs FI owns, search "Index Labs" on this page:
https://trademarks.ipo.gov.uk/ipo-tmowner
Clearly, SportStack haven't infringed any of FI's TMs.
Businesses buy these to protect their name/logo etc. Anyone can look up the TMs a company owns.
If you're interested in seeing what TMs FI owns, search "Index Labs" on this page:
https://trademarks.ipo.gov.uk/ipo-tmowner
Clearly, SportStack haven't infringed any of FI's TMs.
2. Patents
A patent is a right that protects an 'INVENTION'. Patents DO NOT PROTECT ideas or concepts.
For example, FI wouldn't be able to patent the *concept* of a 'stock market of footballers where dividends are paid on shares'. This is far too broad and generic...
A patent is a right that protects an 'INVENTION'. Patents DO NOT PROTECT ideas or concepts.
For example, FI wouldn't be able to patent the *concept* of a 'stock market of footballers where dividends are paid on shares'. This is far too broad and generic...
2. Patents (cont.)
Patents usually detail the functionality or mechanism of a system, and strong patents will tie this as closely as possible to the idea itself.
For example, FI might try and patent a particular piece of tech they have developed for automated dividend payouts.
Patents usually detail the functionality or mechanism of a system, and strong patents will tie this as closely as possible to the idea itself.
For example, FI might try and patent a particular piece of tech they have developed for automated dividend payouts.
2. Patents (cont.)
Obtaining a patent is expensive & time-consuming. I can't find any that relate to FI (though possibly this is because they're registered under the inventor's name).
Hopefully, though, you can see why it's unlikely SportStack would have infringed any patents.
Obtaining a patent is expensive & time-consuming. I can't find any that relate to FI (though possibly this is because they're registered under the inventor's name).
Hopefully, though, you can see why it's unlikely SportStack would have infringed any patents.
3. Copyright
Copyright of a work protects the *expression* of ideas. It DOES NOT PROTECT IDEAS themselves.
For example, the basic *idea* underpinning FI - 'a stock market of footballers where dividends are paid on shares' - couldn't be protected by copyright.
However...
Copyright of a work protects the *expression* of ideas. It DOES NOT PROTECT IDEAS themselves.
For example, the basic *idea* underpinning FI - 'a stock market of footballers where dividends are paid on shares' - couldn't be protected by copyright.
However...
3. Copyright (cont.)
Certain expressions of this idea might be protected. e.g.:
- A particular dividend payout structure (think: Gold, Silver, Bronze match days)
- A scoring matrix
- Share duration
- A method of determining dividend winners (highest scoring by position)
Certain expressions of this idea might be protected. e.g.:
- A particular dividend payout structure (think: Gold, Silver, Bronze match days)
- A scoring matrix
- Share duration
- A method of determining dividend winners (highest scoring by position)
3. Copyright (cont.)
As you can see, SportStack have been careful not to copy any of these:
- Dividends are structured differently
- Scoring matrix is different
- Shares valid for longer
- Winners decided based on score, rather than on players' ranking relative to other players
As you can see, SportStack have been careful not to copy any of these:
- Dividends are structured differently
- Scoring matrix is different
- Shares valid for longer
- Winners decided based on score, rather than on players' ranking relative to other players
3. Copyright (cont.)
Hopefully you can see the pattern here. As long as a similar abstract idea (a 'stock market of footballers') has been expressed in a substantively different way, this will (usually) not amount to a breach of copyright.
And finally...
Hopefully you can see the pattern here. As long as a similar abstract idea (a 'stock market of footballers') has been expressed in a substantively different way, this will (usually) not amount to a breach of copyright.
And finally...
... Ciano also asked: 'why not merge the two companies?'
Well, this is more a commercial question than a legal one. It's sort of like saying: Aldi and Lidl both sell similar products, why don't they merge?
I'll let you folks decide on the answer to that.
Thanks for reading!
Well, this is more a commercial question than a legal one. It's sort of like saying: Aldi and Lidl both sell similar products, why don't they merge?
I'll let you folks decide on the answer to that.
Thanks for reading!
