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and that was a really good lesson for me I know you re tired, I know you re working hard, but it s not an excuse for putting out something that looks like a startup. When Jeff came in, I d been working hard for 8 months, and I was already a little bit tired, and I didn t think he would keep up. I didn t know him all that well, but he had twice as much energy as anyone. We started doing two redeyes a week to New York for business. OK, we have to go meet MTV tomorrow. Red-eye out. Meeting. Come back that same day. We did that for 3 to 4 months, and I just remember thinking when he walked in the door, that I couldn t work any harder. But we worked harder, faster, smarter. That was definitely a step up in both effort and professionalism. Being everywhere all the time made us look bigger than we were; Oh yeah, we ll be in New York, we ll be there. I d say, Jeff, I have all these things on my plate, and he always responded, No, we re going. It was someone who had come from a big company who knew how to act like a big company, even though behind the scenes it was startup.

To protect the intellectual value in your software, you want to have copyright protection. The owner of a copyright generally has the right to Duplicate or reproduce copies of the work. Create other products based on the copyrighted work. Distribute and sell copies to the public. Perform the work publicly (not a big issue in software). Display the work publicly. or to authorize someone else to do these things. Anyone who does any of the preceding without the permission of the copyright owner is violating the copyright, and that is an illegal act.

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Livingston: Was there ever a time when you wanted to quit Brady: No There were a few days where I was really upset, but never close to the point where I wanted to quit It was too much fun After the first 4 to 5 months, you could see what was coming; you knew you were on the wave; things were only going to grow In the first couple of months there were a few days where I felt, I left school for this Because when I left school, I didn t know that I was going to graduate I just left I was 70 percent sure that I was going to get a degree, but that 30 percent was still sitting out there.

And my dad had paid for it, so the thought of telling him I didn t get it and having this company go belly-up was like, That s a bad scenario Livingston: Was your dad supportive Brady: Very He knew Jerry from undergraduate days Livingston: Any advice you d give to someone who was starting a startup Brady: Part of it is know yourself Try to do as much thinking up front as to what your breaking points are One of the things I think I did well was that I never spent any time thinking about quitting or any of these doomsday scenarios, Oh, God, what if this doesn t happen Before I joined, I knew where the line was, when I would quit, at what point, and so when I was in the game, it never crossed my mind.

I also knew why I was involved, what motivated me, and I didn t spend a lot of time perseverating on that stuff At the end of the day, it wasn t going to get you anywhere It mattered, but only in an abstract way, compared to the day-to-day of getting stuff done Doing all that thinking all up front: why am I getting in, when do I leave, if I leave then why am I doing it, what gets me up in the morning, what could happen that could make me stop getting up in the morning I ve seen a lot of people get so emotional because they start something on a whim; they are doing this thinking while they are doing business, and, when things don t go.

Copyright protection for software exists from the time the first line of code is written. Again, the work for hire doctrine, which was discussed earlier in this chapter, may affect who is the owner of the copyright. But the protection still exists for the copyright owner, whoever that may be. To secure a copyright, no publication or registration is required. The copyright is yours automatically when you create the work. Even the familiar notice of copyright has been eliminated as a requirement to secure your copyright. So, for once, no lawyer is needed. However, use of a copyright notice may strengthen your claim in the case of infringement. The defendant will find it much more difficult to base their defense on innocent infringement that is, that they were unaware that they were violating a copyright if the copyright notice is displayed. Note that on the opening forms of both E-Z-MRP and The Sleep Advisor, there is a copyright notice. The protection endures for seventy years after the author s death. That should give you (and your heirs) plenty of time to exploit your software. You can register your copyright with the U.S. Copyright Office. Although it is not a legal requirement, there are several advantages to doing so. One of the best sources of information about copyrights is the web site of the U.S. Copyright Office: www.copyright.gov/. There you can find pages about copyright basics, frequently asked questions, current fees, and, for the less literate, even a kind of comic book presentation, Taking the Mystery Out of Copyright.

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