Projects with possible infringement issues?

Anything related to BackerClub.
Locked
lmennuti
Posts: 8
Joined: Thu Jan 08, 2015 2:22 pm

Tue Feb 17, 2015 2:48 pm

A recent project came onto BackerClub: Pinocchio Barrique Bottle (http://www.backerclub.co/project.php?id=473).

Cool idea, so I was going to back it...BUT while I was reading the comments, there's someone with a VERY similar product claiming that the project creators have stolen their idea.

So I'd like to know where BackerClub stands and what actions (if any) you take for situations like this? I don't know if that person has brought up his concerns with Kickstarter directly or not.

If the project creators are in the wrong here, I don't want to give my money to thieves (for ethical reasons, of course, but also because I could lose my pledge if they were forced to cease & desist by court order after the project was over and they had my money)...On the other hand, if the creators are in the right I'd want to know that as well so I could pledge without worry.
numbat1
Posts: 208
Joined: Tue Dec 23, 2014 5:15 pm

Tue Feb 17, 2015 9:44 pm

There are a couple of projects in KS where questions have been raised. Each backer has to assess their own comfort level and watch for updates. This particular occasion it is quite unclear. People can have similar, even almost identical ideas at roughly the same time or even differing times without being aware of each other. The person grumbling about infringement is claiming a patent pending. The KS project in question is claiming several patents pending.

Is there enough difference between the products that you are willing to back anyway and take a chance?

If BackerClub pulls projects that are challenged, what happens when it is proved that project was in the clear? I think a disclaimer may be in order, not sure a policy would be helpful though.

Katrina
markalanbaker
Posts: 54
Joined: Sat Oct 25, 2014 5:27 pm

Sat Feb 21, 2015 8:22 pm

Hi all,

We appreciate you keeping us in the loop. There was another project that had submitted to BackerClub a few weeks ago that was just about to go live on the BackerClub site, but then KS cancelled their project (due to an infringement issue I believe). So far our stance has been to let KS be the decision maker about what to shut down. Obviously if something came up that was a clear and proven violation we'd probably take action but I would be surprised in a case like that if we were the ones having to pull it when KS would not. I think it would have to be a pretty clear case for us to go beyond KS in making a decision to pull something.

Mark - Co-Founder
PS: If you feel there is a violation with a project or something we should check into in the future, please send us a message at [email protected] as it is a quicker way to get in touch with us than through the forum. Thanks!
Locked