Atimi Vice President, Scott Michaels gives advice to developers on how to avoid legal troubles

Scott Michaels was quoted in an IT World Canada article yesterday about the legal dangers app developers are facing and how to avoid getting caught in a lawsuit.

Atimi Software has seen problems in this area for their clients in the past. ESPN experiences infringement weekly on it's IP in the Android marketplace, and HBO saw infringement from people trying to capitalize on its brands like True Blood.

Scott warns that if a client is referencing another app in the initial planning stages that it should be a big red flag for developers. Since even though the actual content in an app will be the client’s, most lawsuits involving apps and developers are about the intellectual property of an app’s layout and controls.

Clients don’t realize that the mobile marketplace is now a litigious space, and that they can’t make their app “just like this other app”. This space moves so fast, new issues arise each day and there is no way a development team is able to keep on top of every possible new suit that comes out.

Another point Scott makes is that your contract should not agree that the work will have no IP or patent infringements, if the client is unwilling to pay for a patent search. Also, if your client appears to be working on a product that is infringing on someone else's rights, and you know it, you are required to be upfront and say so.

For those out there that are new to the space and may be in a bit over your head in terms of contracts; be sure your contract states that the content of the application is that of your client’s, not yours. That is the only way to protect yourself against patent and IP infringement problems later.

Click for the full article.