How To Accuse Someone Of Plagiarism (or anything).
As makers, our reputation is our no.1 currency.
You might be some sort of Artist, Designer, Developer, Content writer etc and will definitely agree with me, that from the value attached to our reputations; comes new jobs, promotions, commissions, referrals, collaborations etc. This is why we rightly guard it jealously, because sometimes, it’s all we have. But the shocking fact is that one’s reputation can disappear, at the first whisper of the word ‘plagiarism’.
“Can you tell me which of these words are Butler’s and which of these words are your own” - Patrick McGuinness from Murder on a Sunday morning
It always start with an accuser. They sometimes come in good faith, other times — with ulterior motives*. Whatever the case, most claims of plagiarism would ordinarily have an interested party bringing it forward. That’s just how it works.
As a maker, you’re usually invested in or attached to a certain community. And a claim of plagiarism might first be brought to the attention (and settled) of peers, in that same community. Not necessary somewhere official e.g courts, regulatory bodies etc. So how should you make a claim against another maker? Especially knowing what’s at stake is valuable. Of course I agree that one is not expected to stand idle, while someone else, wrongly & unfairly profits off your intellectual sweat.
The purpose of this post is to focus on how to make those claims correctly. If the need arises. Not on if the claims are valid or not. Here are the basic tenets of how to put your claims forward:
Provide A Timeline Of Events
This might look obvious but it’s worth stating that the sequence of events, is most likely the first step in determining the validity of a claim. It’s always advisable to include dates, places etc where available and relevant.
E.g A launched product X in September 2014 and B launched product Y (a copy of X) in March 2015. Recent case of 15five versus PeopleSpark, while not exactly a plagiarism claim, is an excellent example of a chronological order of events.
Be Clear On What’s Stolen
So what exactly are we talking about? This is where you make clear what assets have been misappropriated e.g Code (HTML, server etc), UX (similar look & feel etc), UI (similar contents/text, icons, banner etc), proprietary information (patents, trademarks etc) and so on. There should be no ambiguity of the grounds of your claims. For instance back in 2012, Curebits was accused of stealing designs, html code and assets from Highrise. No one was in doubt of what was ‘stolen’.
Provide Evidence
This is the crux of any claim. And unless for legal reasons, evidence to back all the claims should be provided in a clear and concise manner. Generally you shouldn’t really be making claims that can’t be substantiated. I took the liberty of including the evidence from our earlier example of Curebits/Highrise saga below.
Stay Communicative
Now folks, this is crucial. It’s absolutely important to keep communications channel open. Unless of course the intention of making the claim in the first place is malicious, then the accuser is obliged to stay communicative and available to provide more details to interested parties (not limited to the ‘accused’). This is not the time to go on the family holiday, embark on that much needed cross country marketing road trip, be busy with a major product release etc. It’s really simple, If you don’t have the bandwidth, energy or time to invest in the follow ups of your allegations — then it’s not a good time to make them. And whatever you do, don’t dissapear into thin air like this.
So why is any of this important? To start with, careers and reputations may well be at stake. Not just of the accused but of the accuser. So both parties are done a disservice and potential harm, simply by the accuser not covering these basics.
So as we gradually find our way onwards to 2016, if ever you feel there’s sufficient grounds to bring a case of plagiarism against a fellow maker, make sure you ‘do the right thing’.
*Of course if you’re some sort of Dr.Evil and about to make a claim that you clearly know it’s untrue, all of above won’t matter with you. Good luck to you and may Karma delay — till you’re at your weakest.
p.s Murder on a Sunday morning is one of the most gripping true cases of ‘false accusations’ based on a 15yr old boy Brenton Butler’s case. It’s an Academy Award winning documentary which was shot right in the middle of the criminal court case. Horrid circumstances, but sometimes it’s very easy to come to the wrong conclusions.
