IT architecture/system design copyright

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Argus

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Hi everyone

I'm hoping someone can shed some light on copyright of an IT network or infrastructure design.
I have 3 software applications i am rolling out that are provided by separate companies as software only which all do certain tasks of a workflow such as database, file processing and file distribution.

While in discussions for the pricing of the software one of the local representatives for one of the applications provided a design of the whole system showing network switches, servers and other equipment as they have had experience with an install for this type of system.
They are now saying they have copyright over that design and i cannot implement a solution similar to it from another company essentially saying i can only purchase the hardware and installation from them.

As it is a basic design that involves a server for each application and interconnecting them through a network i would say that it is impossible to do any other design which to means it is a common architecture so it cannot be copyrighted but i am not sure if i am correct on this.

I can't seem to find any general copyright laws about this with the closest being about building architecture designs which from my understanding with the copyright i just cannot share their design with other vendors but i can approach other vendors and if they come with the same design it isn't copyright infringement.

some opinion on this would be greatly appreciated and maybe an idea of what copyrights companies hold on system designs would be much appreciated.

Thank you in advance
 
I'm assuming you have requirements and are assessing proposals.

Do you have an NDA in place ?
If so, what does the NDA say about this?
 
Argus said:
While in discussions for the pricing of the software one of the local representatives for one of the applications provided a design of the whole system showing network switches, servers and other equipment as they have had experience with an install for this type of system.

They are now saying they have copyright over that design and i cannot implement a solution similar to it from another company essentially saying i can only purchase the hardware and installation from them.
Click to expand...

Copyright over what exactly, the design? Maybe they have the distribution rights in SA, but then the design (the hardware) can be simply substituted. They cannot claim copyright over network switches, servers and other said equipment as their own, network layouts are pretty much universal where standards apply.

Did they present you with a proposal which entailed a solution (or turn-key implementation) where they risk the scenario where their solution may be applied by another entity?
 
midnightcaller said:
I'm assuming you have requirements and are assessing proposals.

Do you have an NDA in place ?
If so, what does the NDA say about this?
Click to expand...

No NDA in place as the discussion was for pricing on the software application only but a system design was provided additionally to the pricing.

DA-LION-619 said:
Why are they saying this? Did you show it to anyone?
Click to expand...

I haven't shown their design to anyone. It was simply a meeting where I said we need to put a RFQ out for the hardware requirements as I have to get 3 quotes for the hardware after which they stated the design they provided was copyrighted.

Fulcrum29 said:
Copyright over what exactly, the design? Maybe they have the distribution rights in SA, but then the design (the hardware) can be simply substituted. They cannot claim copyright over network switches, servers and other said equipment as their own, network layouts are pretty much universal where standards apply.

Did they present you with a proposal which entailed a solution (or turn-key implementation) where they risk the scenario where their solution may be applied by another entity?
Click to expand...

They have the distribution rights on the software application we want to use but they have used standard dell servers and hp switches for the hardware in the system design. They were asked for pricing on the software application only but provided a turn-key proposal and are stating that the turn-key solution they provided is copyrighted and i can't get a RFQ on the system design they provided.

I can't see how a copyright can prevent me from approaching various hardware vendors for quotes on the hardware specifications. I can understand that they want to protect their system design to prevent customers from using it in RFQ documents documents but i can't figure out why they would be trying to say they have copyright on the system design so i have to use them for the purchase of hardware and implementation.
 
Argus said:
...

While in discussions for the pricing of the software one of the local representatives for one of the applications provided a design of the whole system showing network switches, servers and other equipment as they have had experience with an install for this type of system.
They are now saying they have copyright over that design and i cannot implement a solution similar to it from another company essentially saying i can only purchase the hardware and installation from them.
Click to expand...

You can not hold a copyright over something which is in the public domain. However it can very well be (depending on NDA's and contractual agreements you have signed), that the one service-provider in his own agreements with you states that any design submitted as part of a RFI/RFP are the property of the company. In the worst case they could charge you for services rendered. With common designs you will find that "fair use" will apply any way. i.e. if you see a office network architecture provided by Cisco with their equipment is will be no issue to use another brand to replicate the setup. As long as you have not reverse engineered anything, there is no issue.

Remember: Copyright protects the original works of an author or creator, and I doubt that their work is "original"/"unique".
 
Yeah, if you haven't signed anything they're sucking their hind tit and can't copyright something like that.
 
You can't copyright a network design - there is a standard way of doing things. if this was copyrighted then no one would be able to implement any networks.

They are trying to pull a fast one.
 
gregmcc said:
You can't copyright a network design - there is a standard way of doing things. if this was copyrighted then no one would be able to implement any networks.

They are trying to pull a fast one.
Click to expand...

+1 they are full of it
 
Actually, if I read your second post correctly, you said that they gave you a network diagram, and then you then indicated (maybe unintentionally) that you would take that network diagram and put it in an RFQ for other vendors to quote on. So if thats what transpired then they are probably not happy, and I can understand why, unless you paid them for that diagram specifically. You are basically broadcasting their design to anyone who cares to bid.

But in this instance, they should protect themselves by stating/documenting that when they provided you with such material, that it was confidential in nature, not to be re-distributed etc. You should check that again.

It should be simple enough for you to get quotes on hardware without the design/diagram needing to be in the RFQ, surely?
 
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