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Launching websites without a lawyer
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maikklein  
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 More options Oct 12 2012, 10:19 am
From: maikklein <maikkl...@googlemail.com>
Date: Fri, 12 Oct 2012 07:19:37 -0700 (PDT)
Local: Fri, Oct 12 2012 10:19 am
Subject: Launching websites without a lawyer

Hello,

I am a student which implies that I don't have too much money to spend. Now
I like to innovate things and I want to launch some websites in the future.

But there is always the fear to be sued. The last project that I started
with play2 in java, I came pretty far, but at some point I had to write so
many things and it felt just wrong. Then I switched to scala and lift which
is literally awesome.

It is just, I am not sure if I want to rewrite it because the
idea involves spending money to get people to write guides for you. But
where money is there are always people who want to take it from you, right?
(Maybe I am overreacting)

So I spoke to a local lawyer. I asked him to write some simple TOS etc for
me, but the price is just insane. Couldn't afford it even if the site would
generate a decent income.  

I live in Germany and if I want to have some income I would have to found a
company. There are some "cheap" alternatives for example I only need 1€ to
found it, but the register costs are around ~500-700€, which is pretty
high. But this would guaranty me that I can't lose more then I have
invested. The other alternative is to found a "private" company which costs
much less but doesn't give me any protection.

What is you experience about the whole legal thing?

So I have to look for some really cool ideas which are fun to create and
have a very low chance to be sued.

At the moment I would love the create something like dropbox but this
will probably get me sued in no time.

Why can't I just be innovative and create something that I want to create
without having to spend my whole money just to protect me against legal
issues? :(


 
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Aditya Vishwakarma  
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 More options Oct 12 2012, 11:38 am
From: Aditya Vishwakarma <adi.vishwaka...@gmail.com>
Date: Fri, 12 Oct 2012 21:08:29 +0530
Local: Fri, Oct 12 2012 11:38 am
Subject: Re: [Lift] Launching websites without a lawyer

I would suggest you to read Paul Graham's excellent article on this
http://www.paulgraham.com/softwarepatents.html

Aditya


 
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David Pollak  
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 More options Oct 12 2012, 11:55 am
From: David Pollak <feeder.of.the.be...@gmail.com>
Date: Fri, 12 Oct 2012 08:55:25 -0700
Local: Fri, Oct 12 2012 11:55 am
Subject: Re: [Lift] Launching websites without a lawyer

I'm a lawyer and I dislike how lawyers treat the Internet and contracts and
making clients afraid.

Here's the ToS I put together for Telegram: https://telegr.am/legal

There's a little bit of legal terms (Bailee), but bailment law is long
standing and well settled (that's why we don't worry about parking cars in
a parking lot, leaving our clothes at a cleaner, or checking our coat in a
restaurant) although has not been applied to copyright.

Anyway, think of the things that matter today:

   - Not getting sued by a user. Put language in the ToS that says they
   can't sue you and even if they do, there's a cap on recovery.
   - Not getting sued by a third party. Don't do stuff that's going to bug
   third parties. Napster did this wrong... they had a business built on
   sharing (legal and illegal sharing). Note the "defend and hold harmless"
   language in the Telegram ToS. That basically means that if someone does
   something nasty (like copying someone's blog), they have to deal with the
   junk, not me. In reality, it's unlikely that if you're small, anybody is
   going to do anything other than send you a cease and desist letter and you
   take the content down.
   - Making sure that as you grow, you can retain the content that helped
   you grow, so getting the initial IP ownership right is key (so, if you're a
   cookbook site, you'll need to do a bunch of research about different
   licenses and choose a good one).

Keep in mind that it costs > $250K to file a lawsuit. It costs > $5M to
take a suit to trial. Apple and Samsung each spent > $250M (yeah, a quarter
of a billion dollars) on their stupid patent suit in San Jose. Nobody's
going to sue you out of $10,000... it's just not worth it.

Once your business grows and you've got enough money to hire lawyers and
form corporate entities, then hire them. Spend the $25K to do it right. But
today... focus on your product and your customers.

My 2 cents that do not represent legal advise... but does represent the
business advise that I give to others and follow myself.

Thanks,

David

--
Telegram, Simply Beautiful CMS https://telegr.am
Lift, the simply functional web framework http://liftweb.net
Follow me: http://twitter.com/dpp
Blog: http://goodstuff.im

 
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maikklein  
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 More options Oct 12 2012, 11:55 am
From: maikklein <maikkl...@googlemail.com>
Date: Fri, 12 Oct 2012 08:55:45 -0700 (PDT)
Local: Fri, Oct 12 2012 11:55 am
Subject: Re: [Lift] Launching websites without a lawyer

I didn't read the whole article but it only covers parents which I don't
really need.

Manly I worry about Privacy Policy, Terms of Use, Terms of Service etc.

Something like BadGuy1: "I don't like your content, I sue you!!!!!"

I want to be safe from such guys. But maybe I watch too much TV :)


 
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maikklein  
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 More options Oct 12 2012, 12:00 pm
From: maikklein <maikkl...@googlemail.com>
Date: Fri, 12 Oct 2012 09:00:02 -0700 (PDT)
Local: Fri, Oct 12 2012 12:00 pm
Subject: Re: [Lift] Launching websites without a lawyer

Thank you very much David


 
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Maarten Koopmans  
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 More options Oct 13 2012, 9:54 am
From: Maarten Koopmans <maarten.koopm...@gmail.com>
Date: Sat, 13 Oct 2012 15:54:35 +0200
Local: Sat, Oct 13 2012 9:54 am
Subject: Re: [Lift] Launching websites without a lawyer

Also keep in mind that patents in the EC are different, e.g. pure software
parents are not recognized.

--Maarten


 
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Ben Phelan  
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 More options Oct 14 2012, 1:56 pm
From: Ben Phelan <bem...@gmail.com>
Date: Sun, 14 Oct 2012 10:56:15 -0700 (PDT)
Local: Sun, Oct 14 2012 1:56 pm
Subject: Re: Launching websites without a lawyer

Unfortunately, because you are in Germany, I suspect you likely will need
professional legal advice.  The laws here are quite strange, quite
specific, quite detailed and quite inflexible.  

If you're in or close to a large city there is probably a reasonable
start-up scene with meetup groups, mailing lists, incubators, etc.  If I
were you I'd find these and go ask for advice from other German start-up
founders.

Another possibility is that there may exist some state-funded entities set
up specifically to help people in your situation.  I know of several of
these in my home country (Australia), and at least one in Bavaria, so they
probably exist in other German states too.  There you might find relevant
templates for the kinds of legal documents you're looking for as well as
other free legal advice.


 
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maikklein  
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 More options Oct 14 2012, 8:51 pm
From: maikklein <maikkl...@googlemail.com>
Date: Sun, 14 Oct 2012 17:51:55 -0700 (PDT)
Local: Sun, Oct 14 2012 8:51 pm
Subject: Re: Launching websites without a lawyer

Yes there is such a thing.... But they only support people who are
getting welfare. So you had to work for 2 years before you can
expect financial support. So they would pay for advice and founding a
company.

Too bad that I am a student who never worked before.

But I know that there is a special group of people at my university who are
*playing/pretending* to be a startup. Probably to get some experience.
Maybe they can give me an advice.


 
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David Pollak  
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 More options Oct 14 2012, 9:09 pm
From: David Pollak <feeder.of.the.be...@gmail.com>
Date: Sun, 14 Oct 2012 18:09:53 -0700
Local: Sun, Oct 14 2012 9:09 pm
Subject: Re: [Lift] Re: Launching websites without a lawyer

oddly, today I was thinking "What if the US was one big y-combinator...
basically giving anyone who wanted, food, shelter, Internet, and legal
advice for 6 months so they could bootstrap a business."

--
Telegram, Simply Beautiful CMS https://telegr.am
Lift, the simply functional web framework http://liftweb.net
Follow me: http://twitter.com/dpp
Blog: http://goodstuff.im

 
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Naftoli Gugenheim  
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 More options Oct 14 2012, 11:26 pm
From: Naftoli Gugenheim <naftoli...@gmail.com>
Date: Sun, 14 Oct 2012 23:26:20 -0400
Local: Sun, Oct 14 2012 11:26 pm
Subject: Re: [Lift] Re: Launching websites without a lawyer

On Sun, Oct 14, 2012 at 9:09 PM, David Pollak <feeder.of.the.be...@gmail.com

> wrote:
> oddly, today I was thinking "What if the US was one big y-combinator...
> basically giving anyone who wanted, food, shelter, Internet, and legal
> advice for 6 months so they could bootstrap a business."

:) What if we could have everything we ever dreamed for, for free?


 
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