Ask HN: Can you be sued for stealing an idea?
(This is a throwaway account)
I'm a software freelancer and I quote lots of small projects for random clients (maybe 4-5 a week). The vast majority of these (more than half) fall through, typically because I'm more expensive than outsourcing.
There have been a couple of projects (maybe 2) in the course of a hundred over the last 6 months or so that might actually provide a decent ROI if I were to personally pursue them.
To be clear, I'm not talking about stealing anybody's detailed design. For instance, a client might come to me with "Build a teleprompter" and I go from that sentence (and maybe a use case or two) to a UI design and a quote, and they decide to pass on hiring me.
In the absence of any written agreement about their "idea", what would be the legal risk of pursuing these?
Alternatively, what can I do going forward to minimize my legal risk? If I am not mistaken, the reason why VCs don't sign NDAs is because they get presented with so many of the same ideas that they don't want to get sued for stealing ideas, when really they are not. Having said that, if you didn't sign any written agreement, I think you're probably in the clear. Ideas are commodities, execution, however, is not. For me personally, it is unethical, then again I have more ideas than I reasonable have time to pursue, so I really don't need someone else's. I would also think of it this way, if word got out that you are stealing ideas then your freelance career is dead. As for legally, you should consult a lawyer but if it is not in writing, they are going to have a hard time proving that you had a confidential agreement. No written agreement, but did you have a verbal agreement or imply you would not use what they disclosed against them? If so, I would advise letting go of the idea. Of course, if they fail to move on it in a reasonable amount of time, all bets are off.