Re: copyright at root of brokers' battle

On Wed, 15 Mar 2000, Greg Erkins <gerkins[_at_]gci.net> wrote:
>
> PS. Link below to story for a few days. If you do not receive it
> because the link expired, email me at gerkins[_at_]gci.net and I will
> forward a copy to you.
>
> http://www.adn.com/stories/T00031121.html

[the story relates that Greg was accused of criminal extortion, jailed, and spent large sums on lawyers, for his effort as the developer of software to collect the remaining balance due on his software program, in the amount of $2,500. There was also apparently an allegation he refused to produce data that had been incorporated into the program]

Greg: I am sure your lawyers have addressed this, but at least in most states, what the complainant did appears to me to be the text-book tort of malicious prosecution. To claim that you are liable for criminal extortion for demanding $2,500 is appalling. What's worse is that, apparently in Alaska, the police have nothing better to do than arrest hard working business people for trying to collect a debt. If the tort of malicious prosecution is recognized in your state, I'd look into it hard. The damages in such cases are the attorneys fees spent defending the case.

I have had a number of matters where the complainant alleges "criminal theft of trade secrets" to the local police. Mostly, the police have no idea what a trade secret is, and in all the cases I have dealt with, like yours, there was a contractual or some kind of relationship existing at the time of the claim. Every time I have been able to convince the police that the matter is a civil case, not a criminal one. True theft of trade secrets is industrial espionage, not trying to get your client to live up to their end of the bargain.

Your story is sad and incredible. If I were you, I would be looking to collect your fees from the complainants ...

best - mike oliver
bowie & jensen, llc
<mikeoliver[_at_]home.com> Received on Thu Mar 16 2000 - 12:46:58 GMT