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My competitor had access to my Template in a swindle way and has been using it in his projects. How can I prove this fraud?

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Joao-Rafael
317 Aufrufe, 4 Antworten

My competitor had access to my Template in a swindle way and has been using it in his projects. How can I prove this fraud?

Help me!!

I have had a Revit template created and maintained for over 5 years, and I recently discovered that a competing company is using my template in their projects - the projects have graphical presentation, boards, data, everything identical - they haven't even changed the colors of the layers and other settings, in some cases he only changed the name of my company to his.
I would like the community's help to find out if there is any tool that can audit both files and identify everything that was produced by our company in the files and prove that they are in fact committing plagiarism.

Any idea suggestions will be welcome!!!

At.t

João Rafael A. Dias


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4 ANTWORTEN 4
Nachricht 2 von 5
HVAC-Novice
als Antwort auf: Joao-Rafael

How did they get your template? Did they get a completed projected and eliminated all the modeling? 

 

I think the joke is on them because now they have to work your way and not their own way. I set up my template to have all duct and pipe systems work exactly the way I like it - that way may be bad for someone in a different situation. 

 

If this can be seen as a copyright breach likely depends on your local laws. But unless they used your trade-marked company logo, you likely are out of luck. You don't own the colors in Revit. 

 

Plagiarizing is the most sincere form of flattery. 

 

There likely isn't some forensic way to proof which template they used. A good user could look at the PDF you show and could reverse-engineer how you made it look that way. 

 

Map makers put some errors on maps on purpose (i.e. invent a town that doesn't exist) since maps can't be copy-protected since they represent a public space / country / continent. 

Revit version: R2025.4
Nachricht 3 von 5
stefan_gokstorp
als Antwort auf: Joao-Rafael

dont know your local laws but as mention in earlier post you might not be able to do anything legally.

copyright wise you dont own any templates or families made in revit. 

if you included drawings or details in the tempalte though you might have a case there. might also have a case if you have detail items with specific designs and such but think this would be kind of a grey zone.

Nachricht 4 von 5
robert2JCCH
als Antwort auf: Joao-Rafael

I'm not positive that auditing their files would necessarily turn anything up - perhaps if creation/modification dates on custom families aligned to the same timestamps on your company template. But you may not be able to prove anything unless you have company information buried within families that would demonstrate your template was the original. Or easter eggs, like embedding an invisible dinosaur into a family file.

 

Not a lawyer, but you're working in an environment where common files are shared across multiple firms. Things that you release into the ecosystem without re-use agreements are very likely going to wind up this way.

 

If this is a serious concern for you moving forward, you may wish to consider sanitizing your coordination models prior to deliverables (removing sheets/titleblocks/purging all annotative elements), and only providing your production sheets in their final delivered form (PDF/paper). This would unfortunately mean that you couldn't operate in cloud-sharing project environments without some time-consuming workarounds.

 

If the similarities are brought up by a client, at least you have the opportunity to play it off as a light joke. You must be doing something right! And you (presumably) would have project history that would show your template being used in projects earlier than their first instance of usage.

Nachricht 5 von 5
pedruccioli
als Antwort auf: Joao-Rafael

I see you're Brazil, so I'll try my best.

 

Based on laws 9610/98 and 5194/66, I believe only the project itself (conception, ideas, shapes, solutions, details, etc) are universally protected. If another professional were to modify, copy or distribute a architectural/engineering solution that was conceived by you for a client, that would be plagiarism.

 

As for the template, one could argue that article 8º of L9610/98 applies in this case, and therefore isn't subject of protection:

 

Art. 8º Não são objeto de proteção como direitos autorais de que trata esta Lei: [...]

II - os esquemas, planos ou regras para realizar atos mentais, jogos ou negócios;

 

In this case, is very common to always have a NDA signed by all parties that will have access to any aspect of the project, except for public offices such as a City Hall. A thorough NDA binds those responsibilities over virtually every possible aspect of a project and it's contents.

 

Even then, we (and I believe I speak for a lot of small/medium firms) always work with NDAs and provide only complete IFC files, or RVTs that have been stripped down and purged to the bone, leaving only the absolutelly necessary items.

 

If you have NDA agreements with your clients, partners and coworkers, you should notify them directly to seek reparation. Always with a lawyer, and always documenting everything.

If you don't have NDAs, or any kind of written document that can prove you've been wronged, I believe it would be extremelly difficult to have any succes in a lawsuit.

 

Either way, look for counsil. And always, always, work with NDAs.

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