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Are My Ideas Being Stolen? If So, What Then?

BinaryGrind writes "I just got started taking Computer Science classes at my local university and after reading Universities Patenting More Student Ideas I felt I needed to ask: How do I tell if any of my projects while attending classes will be co-opted by my professors or the university itself and taken away from me? Is there anything I can do to prevent it from happening? What do I need to do to protect myself? Are there schools out there that won't take my work away from me if I discover TheNextBigThing(TM)? If it does happen is there anything I can do to fight back? The school I'm attending is Southern Utah University. Since it's not a big university, I don't believe it has a big research and development department or anything of that ilk. I'm mostly wanting to cover my bases and not have my work stolen from me."

28 of 508 comments (clear)

  1. Only the paranoid survive (not) by alain94040 · · Score: 5, Insightful

    I used to think like you. Very paranoid about whatever I thought were great ideas. Don't tell anyone. Ask for a non-disclosure (NDA). I was so convinced that if I even hinted at some of my ideas, everyone would try to steal them from me.

    Guess what: everyone but you thinks your idea is stupid. Really. No one wants to steal it from you.

    It took me maybe 10 years to figure that out. I have a few patents, got sued too. The value of a great idea is in its execution.

    Take the idea and run with it. Make it happen. Code, develop, market, etc. Just like military planning, great ideas don't survive their first implementation, but they have the potential to evolve in something great.

    I have good news for you though: your question is typical of budding entrepreneurs. The simple fact that you even ask is a sign that you'll do great in the future. Just add some experience (~5 years) and you'll have the perfect mix.

    Don't believe everything your read. The example in the article is the one in a million occurrence. That's not the kind of odds you want to shoot for.

    --
    http://fairsoftware.net/ -- where software developers and citizen journalists create fair businesses

    1. Re:Only the paranoid survive (not) by dday376 · · Score: 5, Funny

      Hey, I was gonna say that! That was totally my idea...

      --
      "C'mon freedom cage, roll me to safety!" - Philip J. Fry
    2. Re:Only the paranoid survive (not) by moderatorrater · · Score: 4, Insightful

      Guess what: everyone but you thinks your idea is stupid. Really. No one wants to steal it from you.

      Either that or else it's obvious and everyone's going to do it. I had an idea for an MMO strikingly similar to Eve Online, but I'm absolutely certain they didn't steal the idea from me.

      The value of a great idea is in its execution.

      And that encapsulates the entire conversation. It's rare for the first software product to market to dominate for a long time. Windows wasn't the first OS or even graphical OS to market. WoW wasn't the first MMO, and it wasn't even the first that incorporated all of its ideas. Doing it right is more important than doing it first.

    3. Re:Only the paranoid survive (not) by Nerdfest · · Score: 5, Funny

      This idea was invented by Shampoo.

    4. Re:Only the paranoid survive (not) by AKAImBatman · · Score: 5, Interesting

      Guess what: everyone but you thinks your idea is stupid. Really. No one wants to steal it from you.

      ^This. In addition, I'd like to preemptively warn you away from worrying about "Java can be decompiled" or "Javascript shows the source code!" The bits and pieces of your code simply aren't that valuable. Either someone is going to steal it outright (in which case you've got them on Copyright Infringement) or they're already experienced enough to re-implement what you've done. And in the time it would take to pull your code out of context, modify it to work in a new environment, then attempt to disguise its origins, it would have been faster to re-implement the concept from scratch!

      So in short, don't worry about the technology. Obtain your Copyrights, Trademarks, and Patents as necessary. Those are your real protection.

    5. Re:Only the paranoid survive (not) by Irish_Samurai · · Score: 4, Insightful

      After I do a consult with prospective clients, someone always asks me "Why should we pay you since you just told us what we needed to do? We can just go do it ourselves." This is pretty close to the sentiment of the article.

      I always say the same thing: "What to do is free, how to do it costs money, asking me how to do it after you try to do it yourself will cost you double and I won't even have to raise my price."

      Knowing how to execute a particular idea is always better than the original idea, because you have the hands on knowledge to improve it and improvise with it.

    6. Re:Only the paranoid survive (not) by 4D6963 · · Score: 4, Interesting

      Guess what: everyone but you thinks your idea is stupid. Really. No one wants to steal it from you.

      That's true, but it doesn't mean they're right. I had this great idea when I was in college, a program to convert sounds into images, edit the images and turn them back into sounds. I thought it was the greatest fucking idea ever. Yet when I would share my idea with other people they would go "who'd want to paint sounds up anyways?" or "it won't work".

      I've been working on the idea for a few years in my spare time, and now I turned it into a commercial program which makes up for my main source of revenue and my other source of revenue comes from a consulting contract I got from getting an earlier FOSS implementation of it noticed by an engineer in some mining company.

      The point being, no one would like your idea now, but wait a few years and your university will be glad to get money off what you made from it.

      --
      You just got troll'd!
    7. Re:Only the paranoid survive (not) by commodore64_love · · Score: 5, Insightful

      It's worth adding that in the real world you don't keep your ideas. When you accept a job you are required to sign a piece of paper that assigns ALL your rights to your employer. The corporation automatically gets your ideas and you keep nothing.

      About the only way you can "escape" that obligation is to develop your ideas in your basement on your own time, but even then the corporation will claim the idea came during workhours and sue your to acquire the patent rights. It's fun living in corporate tyranny. ;-)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    8. Re:Only the paranoid survive (not) by Amazing+Quantum+Man · · Score: 5, Funny

      The old story (this is the Ford/Tesla version):

      Nikola Tesla visited Henry Ford at his factory, which was having some kind of difficulty. Ford asked Tesla if he could help identify the problem area. Tesla walked up to a wall of boilerplate and made a small X in chalk on one of the plates. Ford was thrilled, and told him to send an invoice.

      The bill arrived, for $10,000. Ford asked for a breakdown. Tesla sent another invoice, indicating a $1 charge for marking the wall with an X, and $9,999 for knowing where to put it.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    9. Re:Only the paranoid survive (not) by Surt · · Score: 4, Insightful

      Also, you can get away with striking such clauses in the employment contract almost everywhere. I've done it at 5 jobs now and not one has blinked.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    10. Re:Only the paranoid survive (not) by John+Sokol · · Score: 5, Interesting

      I partly agree.
      Most ideas are considered stupid by most people.
      Even more ideas that are good, were already thought of and may even be on the market already.

      But still there are the few really ground breaking ones.

      If I had a dime for every one of my ideas stolen I'd be rich.

      Here is where I disagree, execution is a matter of resources.

      I had the very first audio every on most computer platforms. From digital audio on the Apple II, Lisa and Mac, C64, IBM PC and XT and even the Tandy Model 2 and 3.
      I had the first PC digital audio products on the market the Sound Byte, then someone literally took my name trade marked and and sent me a cease and desists on the name! So I renamed it Audio byte. http://www.dnull.com/zebraresearch

      Then another company (first byte) reverse engineered my Digital Audio on the PC speaker and patented it, and tried to sue a number of game companies who also reverse engineered my code and used it. This was Intel Assembly language, almost as easy to reverse as JAVA. So many of these paid me and used my Prior Art to toss out the patent suits.

      But the kicker was after 3 years and selling some 5000 units at $30 each, Creative Labs came out with an inferior product for $115 and sold 47,000 units in there first month. Past us by like we were standing still. I found out that the same VC we pitch financed them while not financing me. And there plan used us as an example of market feasibility!

      So much for execution. It's all a matter of resources. If you don't start off with enough money, and try to boot strap from sales like I was doing, you going to get killed if it's a really important product.

      I have repeatedly had this happen with different ideas. Many I did execute on and for some was even selling and making a profit.

      * Wearable computers with VR goggles 1984

      * Hand held Oscilloscope 1984

      * VOIP (internet phone calls) in 1987

      * Streaming internet video 1988.

      * 13000 streaming video viewers (VQ) with 384 video servers on SUN Microsystems network 1990

      * Online Banking for Wells Fargo, 1992

      * Livecam (JPEG, GIF, and MPEG1 & 2, modified H.261) 1994

      * The CDN where I built the first on for video in 1994. IN 1997 we had over 1M simultaneous views at 56K. One of the largest consumers of Bandwidth on the Internet, and no one knew who we were, because it was adult.
      I can directly trace back to specific individuals where Genutity's Hopscotch network and Digital Islands CDN directly copied what I was doing!
      Peer1 that host Youtube is now using one of my methods that I pioneered for CDN.

      * load balancing of internet servers 1995

      * Caching web servers 1996

      * TCP/IP Selective Acknowledgment implemented in my ECIP. 1996 http://www.ecip.org/

      * Streaming H.263/MPEG4 video and MP3 1996/1997

      * the first Stand alone IP Camera 1996

      * Fanless servers to improve reliably in our CoLo's 1997 (used heat pipes on CPU, HD and PS)

      * The first CCTV DVR 1997 done in Partnership with Korean company. Also included the first multichannel(16 input) video capture board.

      * Cell processors & Blade servers http://www.enumera.com/
      1999

      * silent computers * computer cooling in 2002

      My new stuff I am keeping under wraps now till I can get better resources lined up.

      I am not listing these to brag, but to show how much effort I have put in over the past 20 years, with great technical success but only partial business success.

      It's always boiled down to one thing, lack marketing budget. Lack of money to manufacture. Lack of the "right connections" to raise money or make large sales because I wasn't part of the good old boys/rich kids club. There is a class system in this country whether you believe it or not.

      Almost every one of these ideas I filed or tried to file a patent on, then ran out of money to comp

      --
      I am always doing that which I can not do, in order that I may learn how to do it. - Pablo Picasso
    11. Re:Only the paranoid survive (not) by Sparky+McGruff · · Score: 4, Informative

      It's worth adding that in the real world you don't keep your ideas. When you accept a job you are required to sign a piece of paper that assigns ALL your rights to your employer.

      To put the IP rules of most universities in context: They ain't that bad. The prevalent rule (law) in place is the Bayh-Dole act that regulates patents/IP derived from projects receiving federal funds. And, since most university research labs are federally funded to some extent, it's generally the rule that applies.

      In general, if you're a graduate student, researcher, or faculty working in a University research lab, you are expected to approach the University IP office if you think you have something patentable. They will review it, and if it's deemed to be valuable IP, they'll file the patent or other protection, and they will handle licensing the technology, etc. If the patent/IP ends up worth nothing, then the University eats that cost. Any profits from licensing/etc are divided among the stakeholders -- with the inventor, the inventor's department, and the university all getting substantial shares, as well as a share going back to the funding agency (or agencies). Everything I've read suggests that a similar arrangement exists for non-federally funded work (e.g. through private funds, or using University resources), though the "stakeholders" are different.

      So, while the University may "take" your idea, they will do the legal work to patent it, enforce the patent, and license it. And the named inventors will get a cut, usually between 20 and 50% (depending on the number of stakeholders, and the arrangements that the University has with them).

      From my discussions with people who did development work at research universities before the Bayh-Dole act, this current setup is a vast improvement. Before the B-D act, it was very hard to get University IP people to move on technology in its early stages (e.g. when it needs to be patented), so, for example, you often couldn't get them to patent drugs before they entered clinical trials. Of course, after a successful clinical trial (when the drug is worth $$$), it's too late for patent protection. And, the terms were far less favorable to the inventor than are currently seen with the B-D act (e.g. the University took all the $$ and gave you a nice "thank you" letter).

    12. Re:Only the paranoid survive (not) by Trapick · · Score: 5, Interesting

      Depending on your country and university, tuition/fees only cover a portion of the actual costs of your education - often with taxpayers footing a decent chunk of the bill. In that case, as a taypayer, I would argue that anything developed should be public domain - as it was paid for with public money.

    13. Re:Only the paranoid survive (not) by Dutch+Gun · · Score: 5, Informative

      Let me just confirm your suspicion from someone inside the game industry. Good ideas are a dime a dozen. Great ones go for about a buck fifty.

      I listen to people (or read online) all the time who believe they have a million dollar game idea, and somehow have the notion that this idea alone is worth anything. True value is realized in building your game from concept to prototype to finished project, and the thousands of adjustments you have to make along the way. All the ideas in the world won't do you a bit of good if you don't have a talented team with the artistic vision and technical prowess to execute it.

      Even in my day to day experience, I'll sometimes come up with a cool idea for a game I'm currently working on, and mention it to the lead designer. For some reason, I'm still surprised by how often the designer had the same idea, but hadn't gotten around to formally incorporating it into the design document yet.

      This isn't to say there aren't a lot of people with great ideas, but people tend to overvalue them significantly. If you can actually turn that game idea into a playable prototype, the value increases by about a thousand-fold. See: Narbacular Drop / Portal.

      --
      Irony: Agile development has too much intertia to be abandoned now.
  2. Don't worry by 77Punker · · Score: 5, Insightful

    I don't mean to sound rude, but you probably won't do anything anyone would care to steal (aside from another student) while you're in school anyway.

    If you are doing something really interesting, use your own computer to do it. You could still discuss it with your professors and fellow students, but maybe it would be harder for them to take your work.

  3. Develop your ideas on your own time and resources by homb · · Score: 5, Insightful

    If you really want to disconnect your ideas from the University, you have to make absolutely sure that you don't develop your ideas on university time or property.
    Therefore, document when and where you're working on your idea, and have evidence that can, as clearly as possible, make a case for your having worked on this idea on your own time, with your own resources.

  4. Protecting yourself? by girlintraining · · Score: 4, Insightful

    Well, first, be careful what you sign. And second, don't use college resources or turn in any code from your project in as homework. People wonder why America is losing its edge and it's because corporations and organizations steal ideas from the poor to make themselves rich. The net result is there is no incentive for innovation unless it is under contract, NDA, lock and key. Which is another way of saying there will be no innovation, at least not in this country. The concept of intellectual property is artificial and harmful to the public good, but our legislators don't care because they've reduced the definition of the public good to the Gross Domestic Product.

    If you want to innovate... Move to a developing country. The United States is just a stagnant cesspool when it comes to science and technology these days.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:Protecting yourself? by The+Ultimate+Fartkno · · Score: 5, Insightful

      Of course, there's a flip side to that as well. The American desire to get rich quick has completely polluted the whole concept of research and innovation for the sake of science and not just as a means to buy a solid gold Bentley. For every evil corporation that "stole" an idea from a student, I'd wager there's a student who went to a state school on a publicly-paid scholarship, came up with a million-dollar idea, and immediately went "MINE! MINE! ALL MINE!"

  5. Don't worry about it by igotmybfg · · Score: 5, Insightful

    You just started taking CS classes? What are you worried about, someone is going to steal your Hello World or ArrayList implementation? Seriously though, anything you code in there has prior art - perhaps from the students who took those courses last semester.

    1. Re:Don't worry about it by cvd6262 · · Score: 5, Interesting

      I was also paranoid, but for slightly different reasons. I'm very open about my ideas and I worked in a lab as a graduate student that caught the attention of another university organization. They asked if we could meet for an informal "idea exchange," to which we agreed because, hey, we're all a part of the same university.

      It turns out the organization had just been spun off the university into its own LLC and moved off campus. When we got to their office, the first thing they wanted from us was an NDA. We called bait-and-switch and asked them if they would mind signing an NDA for the ideas *we* would contribute. "That would defeat the purpose of this meeting," they told us.

      So we signed, sat through a presentation of their work, gave no feedback and left. It wasn't that we were paranoid of them stealing our work, it was that we refused to get played like that.

      Later, I spoke with an expert in my field, who is also an open-content guru, and I asked him how I could avoid things like that. He said, "Post everything you do to Sourceforge. Get it out there under GPL, or CC-non-profit license. If anyone wants to patented it, you'll have the evidence you need." (But that's not legal advice.)

      I'm not sure if something like that would work at SUU (Go T-Birds!), since they could easily think *you* stole the code from Sourceforge, but it's an idea.

      --

      I'd rather have someone respond than be modded up.

    2. Re:Don't worry about it by TheRaven64 · · Score: 5, Insightful

      The best advice my I've had in this area was from my supervisor, before I started my PhD. He said (paraphrasing slightly) that PhD students rarely, if ever, came up with an idea that was worth more than the student. The best investment you can make early on in your career is in your reputation.

      I'd sum the whole thing up with one sentence: Bad scientists are worried people will steal their ideas, good scientists are worried that people won't. Use the most permissive license you can find that still requires attribution, and give your ideas away. The ideas are not valuable. The person who can come up with the ideas is valuable. The more ideas you've given away, the easier it is to persuade people that you can create the one they need.

      --
      I am TheRaven on Soylent News
  6. Easy. by Dzimas · · Score: 4, Insightful

    Don't share your brilliant ideas in class projects. You don't need to submit something novel or patentable for a school project.

  7. If your ideas are so good, by phantomfive · · Score: 4, Insightful

    If your ideas are so good, even before you graduate from college, then surely you will have even better ones later on, after you have more experience? What's with the fear of sharing your ideas? You can be open, there is nothing wrong with sharing, if you do, then you will find other people have things to share with you, too.

    But if you really care, don't work on any of your ideas using school resources, and don't mention them to people. Then no one will steal them. Patents are kind of expensive for a student, and may not be valid anyway.

    Once again, stop being so selfish. You'll be happier in life (and richer!) if you just focus on producing, and not on preventing other people from producing.

    --
    Qxe4
  8. Sorry... by MyLongNickName · · Score: 5, Funny

    But your idea for a beer bong has already been taken. And don't even get me started on your ideas about transgendered midget porn.

    --
    See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
  9. Federally Financed and School Resources by DodgeRules · · Score: 5, Insightful

    I think the key statement in the previous article that you mentioned was the following: "Colleges and universities once obtained fewer than 250 patents a year, but that was before the Bayh-Dole Act gave them ownership of inventions developed through federally financed research." FEDERALLY FINANCED RESEARCH. If you are a part of any federally financed research, then yes, your invention belongs to the college/university. The other key statement was "Whether or not students are aware of it, the NYTimes reports that most universities own inventions created by students that were developed using a 'significant' amount of schools resources." Are you using school resources to create/discover this invention? Just because you are going to school there, doesn't mean that anything you create while there belongs to them. Sitting in your dorm creating the design for cold fusion using your own PC would not allow them to take it from you. Of course, the usual IANAL applies to this post.

  10. I've found it to be true. by Jack9 · · Score: 5, Insightful

    Don't worry about people stealing your ideas. If your ideas are any good, you'll have to ram them down people's throats.

                    Howard Aiken
                    US computer scientist (1900 - 1973)

    --

    Often wrong but never in doubt.
    I am Jack9.
    Everyone knows me.
  11. Keep it to yourself. by saterdaies · · Score: 4, Insightful

    I like lists:

    1. Ideas cannot be patented or copyrighted. If you let an idea out of your head and someone hears it, they can use it. Now, you can ask people to sign an NDA (non-disclosure agreement) and non-compete agreement, but I doubt your professors would sign.

    2. If someone else tries to patent something you have created, you have prior art. You can't get a patent for it, but you can void their patent. Yeah, it's a pain, but it can be done.

    3. I'd be more worried about other students. Your professors probably have a sweet deal. At my school, it meant 6-figure salary and teaching 0-1 classes per semester and spending the rest of one's time investigating what they found interesting. Why would they leave that for the competition of free enterprise? Your other students might have dreams of grandeur and snatch your stuff more readily.

    4. If you're a grad student doing research for them and they're paying you and giving you free tuition, you likely have no protection since they're your employer and what you make is legally their property unless you've explicitly made another arrangement.

    I'm from the camp that ideas are a dime a dozen and that execution is what matters. If you talk about it, most likely no one will use your idea because they won't execute. Most likely you won't either - not because you're bad or lazy, but because executing something from scratch takes a lot (both work and chance).

    So, don't worry too much and if you don't want someone stealing your idea, keep it to yourself.

  12. From Michael Abrash by Rei · · Score: 5, Insightful

    In "The Zen of Graphics Programming", Michael Abrash (a co-author of Quake and inventor of Mode X) wrote:

    -------------
    Our world is changing, and I'm concerned. By way of explanation, three anecdotes.

    Anecdote the first: In one of his books, Frank Herbert, author of Dune, told me how he had once been approached by a friend who claimed he (the friend) had a killer idea for a SF story, and offered to tell it to Herbert. In return, Herbert had to agree that if he used the idea in a story, he'd split the money from the story with this fellow. Herbert's response was that ideas were a dime a dozen; he had more story ideas than he could ever write in a lifetime. The hard part was the writing, not the ideas.

    Anecdote the second: I've been programming micros for 15 years, and been writing about them for more than a decade and, until about a year ago, I had never-not once!- had anyone offer to sell me a technical idea. In the last year, it's happened multiple times, generally via unsolicited email along the lines of Herbert's tale.

    This trend toward selling ideas is one symptom of an attitude that I've noticed more and more among programmers over the past few years-an attitude of which software patents are the most obvious manifestation-a desire to think something up without breaking a sweat, then let someone else?s hard work make you money. Its an attitude that says, "I'm so smart that my ideas alone set me apart." Sorry, it doesn't work that way in the real world. Ideas are a dime a dozen in programming, too; I have a lifetime's worth of article and software ideas written neatly in a notebook, and I know several truly original thinkers who have far more yet. Folks, it's not the ideas; it's design, implementation, and especially hard work that make the difference.

    Virtually every idea I've encountered in 3-D graphics was invented decades ago. You think you have a clever graphics idea? Sutherland, Sproull, Schumacker, Catmull, Smith, Blinn, Glassner, Kajiya, Heckbert, or Teller probably thought of your idea years ago. (I'm serious-spend a few weeks reading through the literature on 3-D graphics, and you'll be amazed at what's already been invented and published.) If they thought it was important enough, they wrote a paper about it, or tried to commercialize it, but what they didn't do was try to charge people for the idea itself.

    A closely related point is the astonishing lack of gratitude some programmers show for the hard work and sense of community that went into building the knowledge base with which they work. How about this? Anyone who thinks they have a unique idea that they want to "own" and milk for money can do so-but first they have to track down and appropriately compensate all the people who made possible the compilers, algorithms, programming courses, books, hardware, and so forth that put them in a position to have their brainstorm.

    Put that way, it sounds like a silly idea, but the idea behind software patents is precisely that eventually everyone will own parts of our communal knowledge base, and that programming will become in large part a process of properly identifylng and compensating each and every owner of the techniques you use. All I can say is that if we do go down that path, I guarantee that it will be a poorer profession for all of us - except the patent attorneys, I guess.

    Anecdote the third: A while back, I had the good fortune to have lunch down by Seattle's waterfront with Neal Stephenson, the author of Snow Crash and The Diamond Age (one of the best SF books I've come across in a long time). As he talked about the nature of networked technology and what he hoped to see emerge, he mentioned that a couple of blocks down the street was the pawn shop where Jimi Hendrix bought his first guitar. His point was that if a cheap guitar hadn't been available, Hendrix's unique talent would never have emerged. Similarly, he views the networking of society as a way to get affordable creative tools to many people, so as much talent as possible can be unearthe

    --
    "99 dead duelists of Dios on the wall. 99 dead duelists of Dios! Take one's ring, pass it around..."