Something for the lawyers

[ct2k7]

Here's the scenario.

A large company based in CA buys out a software development business in the UK. After a year, a few developers of the software leave, along with the business manager.

A year later, a few of the developers rejoin forces with the business manager, to form a new product and business, based in the UK, in competition with the product they used to develop. The software, is currently in development stage, with a paid, public beta to be launched tomorrow (Tuesday).

The large company is now making claims, on the eve, of infringement of our copyrighted intellectual property, breach of contract, and unfair business practices.

What is baffling me is how they can assert the first claim, given that no one has been given access to the software, bar the developers.

Am I right in saying that there's something going wrong here, in terms of the lawsuit?

For more details, read this: http://www.vbulletin.com/forum/show...-claims-against-Xenforo&p=2050616#post2050616.

I just want to know of your opinion.

 

[GoCubsGo]

In the eyes of an armchair lawyer to the man asking questions on a web forum focused on all things Apple, unless you pony up the contract that should have been written upon sale of the company all answers will be purely speculative.

Notwithstanding, yes, this company can tie your launch up regardless of who may have had access to the software. You said it yourself, a few developers, that is all it took. My gut says no one can answer whether the breach of contract is true because we don't have the contract. However, I would say that they'd stand a small chance of being heard on copyright infringement and possibly unfair business practices. I would also venture to guess there was a no compete clause in there somewhere, if they were at all smart.

Anyone can sue anyone, whether they'll win is another story. This happening on the eve of your launch is in no way a coincidence.

 

[Hellhammer]

I'm not a lawyer but I think it's quite hard to say have they broken the contract as we don't have the contract thus we don't know its details. I don't know the copyright laws either but have you/they copied something? If it's totally a new code etc, then they should have nothing to worry about.

You can always sue if you want to, the court of justice will then decide what's wrong and what's right.

EDIT: lol jess was faster than me but I'll leave it anyway

 

[ct2k7]

Interesting. Jessica, you say that they can tie up the launch of the software. However, to be able to get into the UK courts, you need to provide evidence that the infringement of contract or copyright has occurred. As far as I am aware, this hasn't happened. Additionally, the practice has been vetted by at least 3 lawyers/solicitors before action was taken to release the software this year.

I am aware that this is no co-incidence. Unfortunately, this company is again, showing naivety to the UK laws and systems.

 

[GoCubsGo]

Evidently they're not showing their naivety in delaying your launch. If they made it to the courts then they have something. You, however, are asking us to nearly prove how they got there. At least that is how I read it. Again, anyone can sue but whether they'll win will be another story. I don't care if 10 lawyers looked at it, do you think Apple legal allows things to just be produced without knowing how safe they are? No. Are they still being sued? Yes. Do you get my point?