Ask HN: Legal risk of signing up on a competitor's website?

6 points·mjfern··6 comments

If you are developing a new application and exploring the competition in your market, is there a legal risk of signing up on the competitor's website and agreeing to the terms of service (especially relating to ownership of intellectual property)?

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I can't see how. You're not scraping, not stealing code, not doing anything. You're just checking them out (and they will likely check you out).

Auto companies tear down each others cars. Tech companies tear down each others products. Grocery stores check out each others prices.

and so and so on.

None of them steal. Just poke, prod, look, and learn. Then apply to their own if it's suitable.

I have never seen a Non-compete clause in any TOS.

Just to add to this; Seems My____ (the site formerly known as MySpace) ripped off a stealth start-up called pintrist.

http://techcrunch.com/2010/10/27/myspace-pinterest/

This goes a bit beyond what you're talking about as it's not just checking it out but blatantly imitating. That said, the fallout is likely to come down on My_____, at least amongst the technorati.

I've looked at several competing services. I look for screen shots, videos, test accounts and finally a real account.

Just keep in mind that you don't want to be too focused on what your competition is doing. Its ok to check them out, but focus on your customers. They are the ones that really matter.

I imagine that would depend on what the terms of service says.

...and whether any applicable language is enforceable.

As an aside non-competes are worthless unless you include 'consideration'. What this means is that you offer something of value to someone in exchange 'in consideration' for not working for a competing firm. From personal experience with a good lawyer non-competes without consideration aren't worth the paper they are written on.

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